OWI Accident Lawyer
In an OWI Car Accident? Set Up a Free Consultation
Our initial consultations are totally free of charge and carry no obligation. If someone accused you of being a drunk driver and causing a crash, you should enlist legal aid as soon as possible. Schedule a free consultation with us today by booking online.
The Basics of OWI/DUI Injury Charges
In Wisconsin, there are two levels of drunk or drugged driving injury charges.
Under Wisconsin Statute 346.63(2)(a), if a person is involved in an auto accident that causes a relatively minor injury to another party, and he is suspected of intoxication or impairment by alcohol, marijuana, or another substance (including prescription drugs), or if he has even a detectable amount of a restricted controlled substance such as marijuana in his blood he can be charged with misdemeanor OWI - Causing Injury. This is a serious charge that has minimum mandatory penalties such as jail and driver’s license revocation.
Under Wisconsin Statute 940.25(1) in the event of a permanent, disfiguring, or debilitating injury, he can be charged with felony Causing Great Bodily Harm by OWI. This is an extremely serious charge that carries a possible prison sentence, even as a first offense.
Do I Need an OWI/DUI Defense Attorney or a Personal Injury Attorney?
Wondering who to call when you're in an OWI/DUI accident and someone is injured? If you were injured and the accident is someone else's fault, you need a personal injury lawyer. If you were arrested for drunk driving in the accident, you need an OWI/DUI defense lawyer, whether or not the accident was your fault. The attorneys at Mishlove & Stuckert, LLC can provide strong representation in both cases.
Non-Judgmental,
Professional Representation
Contact Our Drunk Driving
Car Accident Defense Lawyers
If you are facing drunk driver accident charges, we encourage you to schedule a free case evaluation with our office as soon as possible. Our team can evaluate the charges against you as well as claims from insurance companies. We help defendants in every corner of Wisconsin, with legal offices in Waukesha, Oshkosh, Milwaukee, and West Bend. Schedule a consultation today by contacting us online or by calling:
(414) 332-3499
Our OWI Lawyers Are Ready to Listen Law Offices Located in Milwaukee, Oshkosh, Waukesha, and West Bend, WI
Anthony Dell'Aquila
Milwaukee, WI
2023
I hired Lauren Stuckert in early 2018 for a case that ultimately dragged on for five years due to a variety of factors including Covid. Lauren was reassuring and professional every step of the way. It was clear that she placed a high priority on getting my case resolved. When my case was finally called to trial, I can’t express how impressed I was. Without going into details, she knew when to ask what questions and when to raise what issues. She was a shark when she needed to be while always remaining composed. If you’re searching for an attorney for an OWI case, stop looking. Lauren will fight for you every step of the way and you will get the best possible outcome. I know I certainly did.
View on GooglePete Trost
Milwaukee, WI
2020
I highly recommend Mishlove & Stuckert if you need representation for a driving citation. I have personally conferred with both Andrew and Lauren and both are equally personable, knowledgeable, professional, responsive and put you at ease. They both explain everything to you very clearly and so you understand the legal process. Sara is very pleasant and helpful every time you call and need something or have a question. Definitely would not have a such a favorable outcome without all of them and very appreciative of all their hard work and efforts. Highly recommended!
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Client Success Story
State of Wisconsin v. John
(Last Name Withheld, County Withheld)
John admitted to being under the influence when he was involved in a collision with a Sheriff's Department squad car. The driver of the squad car was seen and immediately released at a hospital. Despite the quick hospital release, the driver of the squad car claimed that he was seriously injured and stayed on paid leave from his work for a number of months.
Our lawyer, Andrew Mishlove, fought for the defendant by repeatedly demanding the other driver's medical records to prove he was truly injured. After a months-long legal battle, Mr. Mishlove finally was able to see the medical records and successfully argue that the medical report did not support the claim of serious injury.
The charge of causing an injury was dropped, and our client ultimately only faced a non-criminal first-offense OWI charge.
The Benefits of Legal Representation In an OWI/DUI Injury Case
Effective Courtroom Representation
Every word spoken by you and your lawyer, the prosecutor, and witnesses is critical. Attorneys Andrew Mishlove and Lauren Stuckert can ensure that your story is presented accurately while providing an aggressive and compelling defense before a judge or jury.
Expertly Telling Your Side of the Story
The government has a simple story that they will emphasize, that you were impaired by alcohol or drugs and that you hurt somebody. That may or may not actually be true. In every case, however, there is more to the story. The most skilled lawyers are experts in listening to you and in telling your side of the story. Attorneys Andrew Mishlove and Lauren Stuckert can ensure that your story is presented powerfully and persuasively, while providing an aggressive and compelling defense before a judge or jury.
Protection of Your Rights as a Defendant
The United States Constitution and the Wisconsin Constitution guarantee that every citizen has certain rights, including the right to know the exact accusation, the right to obtain ALL of the evidence, the right to remain silent, the right to speak, the right to an effective lawyer, the right to be presumed innocent, the right to have the case decided by a jury, the right to call witness, and the right to confront the government’s witnesses. The right to be treated to be treated fairly is called DUE PROCESS OF LAW. However, after someone is injured in an auto accident, the police and other parties may play upon feelings of guilt and fear to manipulate you into giving up your rights. It’s important to get an expert lawyer involved at the earliest stage to make sure that critical evidence is preserved, and to ensure that your rights are protected.
Thorough Evidence Review
In a drunk or drugged driving case, and especially one involving injuries, every detail of the accident is significant. Our attorneys will review every aspect of the accident, including the cause of the crash, the administration of field sobriety tests, the way that blood or breath evidence was obtained, the handling of evidence by the police, and all of the details of the crime laboratory work, to gather support for reduced or dropped charges.
Wisconsin's Only Board-Certified
DUI Defense Specialists
Call Today for a Free Consultation
Attorneys Andrew Mishlove and Lauren Stuckert have earned high esteem among their colleagues by successfully fighting cases like these. They have invested immense time and other resources in becoming able to help clients involved in many kinds of accidents relating to driving under the influence. We offer free consultations. If you are being charged with operating while intoxicated or a related offense, we encourage you to message us and schedule a consultation.
Our Attorneys
Andrew Mishlove
Defense attorney Andrew Mishlove has defended clients charged with drunk driving-related charges in Wisconsin since 1981. He is a nationally recognized authority on DUI defense, with a seat on the governing Board of Regents of the National College for DUI Defense. Only 14 lawyers in the United States hold this distinction. Additionally, Mr. Mishlove is the co-author of Wisconsin OWI Defense, the definitive guide to defending these cases in the state.
When it comes to defending clients accused of causing injuries by impaired or drunk driving, Mr. Mishlove brings all of his knowledge to the table to ensure that his clients are treated fairly under the law. He is specially trained in the science behind blood, breath, and urine tests, and he educates other lawyers from around the country on these methods.
Lauren Stuckert
Defense attorney Lauren Stuckert is exclusively focused on impaired and drunk driving cases. In 2016, she became Wisconsin's second-ever board-certified OWI/DUI specialist (following in the footsteps of her colleague Andrew Mishlove).
She has undergone a significant amount of advanced training in the science of blood and breath tests for alcohol and drug levels. She was the first attorney in the state to earn a certificate in Forensic Chromatography Blood Alcohol Analysis from the American Chemical Society at Axion Laboratories in Chicago, and she has completed the society's Forensic Solid Drug Analysis course. She has used this advanced understanding of sobriety tests to build an impressive track record of successfully disputing blood and breath test results.
How Much Does Representation Cost?
When it comes to hiring a lawyer for defending an OWI-related injury case, you get what you pay for. If you go for the cheapest lawyer you can find, you'll likely get subpar representation, and you probably won't get that lawyer's undivided attention.
The stakes are too high to trust your representation to anyone less than a specialist in a case like this. At our law firm, we provide:
- Representation by authorities in OWI law for a reasonable flat rate.
- Free consultations.
- Straightforward explanations in plain English of the cost of representation.
- No hidden fees.
Request A Consultation
Our OWI Lawyers Have Your Back No Matter How Long Your Case Takes
"I owe a great debt of thanks to Andrew Mishlove. He successfully defended me in an OWI case that endured for more than 6 ½ years in the Wisconsin judicial system, including a detour through the Wisconsin State Supreme Court system, and ultimately led to a showdown in an Ozaukee County criminal court resulting in a not-guilty verdict returned by a 12-member jury in February 2023." Ries Hansen
The Rules of Causation Are Different In Drunk Driving Cases
The rules of causation in criminal cases differ from those in civil cases. Civil cases consider who is most at fault, but in criminal cases, including drunk driving cases, you can still be held liable if you bear some fault, even if the other party does too.
Potential Defense Strategies
When you hire Mishlove & Stuckert, LLC Attorneys at Law to provide defense in an OWI-related injury case, our attorneys will conduct a thorough interview with you. They will also review your case to collect every possible piece of information related to your charges. After collecting this information, they will determine the best defense strategy for your unique situation.
Below are some defense strategies that have resulted in favorable outcomes for some of our cases in the past. There is no guarantee that one of these will apply to your case, but they demonstrate that there are viable methods of fighting OWI-related personal injury charges. Of course, if none of these seem to apply to your situation, other effective strategies may still exist.
Disputing
the At-Fault Party
The basis of charging you with OWI/DUI - Causing Injury is that you are the cause of the accident. Drivers who appear to be intoxicated are often assumed to be the at-fault party in a crash, even if they are not. It may be that the accident was entirely the fault of someone else. If it can be proven that someone else was responsible for the accident, then you may face much less severe consequences. Our attorneys carefully investigate the accident, and often consult with engineers to look at skid marks, crash damage, vehicle data recorders, witness statements, and other forms of evidence to dispute the cause of the accident.
Disputing
an Injury
After an accident, there are multiple incentives for people to stretch the truth or lie outright about an injury, including extended paid work leave and increased payouts from insurance companies. This is especially true if a person involved in an accident notices that the other party may be intoxicated, as the law is very harsh towards drunk drivers. In cases involving personal injury, our attorneys can review medical evidence to determine if the claims of injury from the insurance company are credible.
Arguing That
Test Results Are Invalid
Charges of drunk driving often rest on sobriety tests. In Wisconsin, if a breath or blood test reveals a Blood/Breath Alcohol Concentration (BAC) of 0.08 or greater, you can be charged with operating while intoxicated (if you are a repeat offender, the threshold is lower). However, these tests are not fully reliable and can often be disputed, especially if they are administered incorrectly by police. Andrew Mishlove and Lauren Stuckert are Wisconsin’s experts, who have successfully had BAC tests declared invalid or inaccurate.
Arguing That
Evidence Was Mishandled
The chain of evidence is crucial in an OWI/DUI – Causing Injury case. Rules exist concerning the handling of evidence to protect citizens from being wrongfully convicted because of unreliable evidence. When you hire Mishlove & Stuckert, LLC, they will conduct a rigorous review of the handling of every piece of evidence to ensure that your rights were not violated. If evidence is found to be mishandled.
Disputing
the Cause of Impairment
There are other substances that can cause impairment than alcohol. State law recognizes that fact, and the penalties for driving under the influence of marijuana, prescription drugs, or other substances are usually just as harsh as those involving alcohol. However, it can be possible that a driver becomes impaired through no fault of their own. For example, they may have been prescribed the wrong medication, given a different drug by mistake, or prescribed the wrong dose. If you are not sure how you became impaired, an investigation could lead to drunk driving charges or other charges being dropped.
Reviewing
DUI and OWI Offenses
In Wisconsin, drunk driving penalties are more severe for repeat offenders. If you have already been convicted as a drunk driver, our attorneys will review your previous cases to investigate whether any aspect of your conviction was defective. If factors such as the lack of proper legal representation or an incomplete knowledge of your rights at the time of trial affected previous cases, then it is possible to have previous convictions overturned, thereby reducing your number of offenses and potentially reducing the penalties you face in your pending OWI case.
Time Is of the Essence Call Today to Discuss Your OWI Car Accident
Don't wait. Help is available today from Wisconsin's only board-certified OWI/DUI specialists, Mishlove & Stuckert, LLC Attorneys at Law. Our attorneys are always ready to take on new clients and provide aggressive defense.
Our lawyers can help you stay out of jail, keep your license, stop the insurance company from raising your rates, and protect your freedom and livelihood. Schedule a free consultation today by filling out an online form or by calling
(414) 332-3499
Our Attorneys Fight for the People of Wisconsin With Law Offices in Milwaukee, Oshkosh, Waukesha, and West Bend
Karen
Milwaukee, WI
2022
Andrew Mishlove recently defended my son at his OWI trial. It was Mr. Mishlove's thorough preparation of all materials and ability to present facts in a clear manner that permitted the jury to unanimously vote Not Guilty. Look no further. Well worth the cost! Highly recommend!
View on GoogleGuy Grenfell
Milwaukee, WI
2020
I had the unfortunate experience of having to go through my first DUI. After explaining my case to Andrew he came up with a great game plan for my case. He ended up getting my breathalyzer results dropped due to the officers not following proper procedures. It was very impressive how he turned the case around on the prosecutor and won over the judge! This was a huge win for me due to having to drive other peoples cars for a living. I highly recommend Mishlove & Stuckert!
View on GoogleAttorneys Who Understand
If you were involved in an auto accident, and you are accused of being a drunk driver, it can seem like your life is falling apart. Your mind is probably filled with dozens of questions about drunk driving laws, penalties for conviction, liability, insurance companies, jail time, and more. On top of all of those concerns are potential feelings of guilt, shame, anger, and frustration.
We see our clients as people with rights that need to be protected, including the right to legal representation.
At Mishlove & Stuckert, LLC Attorneys at Law, our attorneys and their team understand the emotional element of these cases, because we work with clients like you every day. At our firm, we don't pass judgment on our clients or see them as irresponsible drunk drivers. We see our clients as people with rights that need to be protected, including the right to legal representation.
Our Seven Key Factors for OWI Defense
After more than four decades of combined experience handling these cases in Wisconsin, attorneys Andrew Mishlove and Lauren Stuckert have developed a list of seven key factors they always consider when developing a defense strategy. These factors can be especially helpful to keep in mind during a personal injury case. The factors are:
- You
- Your Story
- The Police
- Your Driving
- Your Behavior
- The Chemical Test
- The Law
Using Evidence in Your Narrative A Former Client Shares His Story
"I highly recommend Mishlove & Stuckert. I was charged with an OWI in 2019... During the lead-up to my trial, Andrew Mishlove proved to be a fantastic advocate and really sought to understand the incident and the story behind it.
After our preparation, Andrew represented me extremely well in court through compelling facts and storytelling that provided much-needed context for the jury. He is an absolute expert in Field Sobriety testing, so Andrew was able to leverage that knowledge to show how the officers wrongly administered testing in my case. Moreover, he was able to ask witnesses strong questions and used their answers to craft a narrative." Austin
Related Topics
Facing Out-of-State OWI Charges? Mishlove & Stuckert, LLC Has You Covered
"I was extremely panicked when I contacted my local lawyer regarding an out-of-state traffic ticket issue that became a very serious issue for me. They referred me to Andrew Mishlove. He and his assistant Sara worked hard over 4 months on my case. He was able to convince the WI ADA to look at my case and accept a plea to a lower speed, reducing the ticket such that it is no longer a problem! I highly recommend the Mishlove team! They did not let me down!" Gary Gavin
