Published March 17, 2010, 08:07 AM

High court to consider rules for out-of-state OWIs

The Wisconsin Supreme Court has taken a case that could help decide whether prior drunken driving offenses from other states are counted for sentencing purposes.

By: The Associated Press, Superior Telegram

MADISON, Wis. (AP) — The Wisconsin Supreme Court has taken a case that could help decide whether prior drunken driving offenses from other states are counted for sentencing purposes.

The case involves a man who was picked up for operating while intoxicated in Walworth County.

Because he had three previous drinking and driving-related violations in Illinois, the charge was considered his fourth offense and he received a stiffer sentence.

But an appeals court ruled two of the prior cases could not be counted since they involved violations of Illinois' zero-tolerance law, which prohibits anyone under 21 from drinking at all before driving.

The court ruled that "zero tolerance" suspensions are not drunken driving convictions and cannot be counted. Prosecutors have appealed.

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