State v. Braunschweig

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The Supreme Court affirmed the judgment of the court of appeals affirming the circuit court’s judgment of conviction of Defendant for operating while intoxicated (OWI) as a second offense, holding, among other things, that a prior expunged OWI conviction must be counted as a prior conviction under Wis. Stat. 343.307(1) when determining the penalty for OWI-related offenses.In 2011, Defendant was convicted of injuring another person by operation of a vehicle while intoxicated. The circuit court later ordered expunction of Defendant’s 2011 conviction. In 2016, Defendant was charged with one count of OWI as a second offense. The State relied on Defendant’s expunged 2011 conviction as the prior predicate offense under section 343.307(1) in order to charge him with second offenses. After Defendant was convicted, he appealed, and the court of appeals affirmed. The Supreme Court affirmed, holding (1) a prior expunged OWI conviction constitutes a prior conviction under section 343.307(1); and (2) the State must prove a prior OWI conviction in a second offense OWI-related offense by a preponderance of the evidence. View "State v. Braunschweig" on Justia Law