An administrative law judge says Jessica Kasten will not have to go to prison.
The 26-year old Wausau woman was arrested for drunk driving with her children in the car in May. She was already on probation for a child neglect resulting in the death of a child conviction.
Kasten is charged with obstruction of justice for allegedly lying to police about whether she had been drinking.
She was sentenced to 10-years probation after pleading no contest to the neglect charge. Authorities say she was sleeping off a meth binge while her 6-month old son stopped breathing and died.
Department of Corresctions spokesman Mike Williams tells NewsChannel 7 an administrative law judge ruled against the department's request to revoke her probation.
However, he says an appeal will probably be filed by Friday. Then, the state has seven days to respond.