3rd OWI? We Want to Hear Your Side of the Story.
Your Strongest DUI Defense Is One Call Away Specialzing in 3rd OWI in Wisconsin—Book Your Free Consultation
Our top-rated DUI/OWI attorneys are happy to provide initial consultations totally free of charge and obligation. If you have previous OWI convictions and are dealing with 3rd OWI in Wisconsin, there's no reason not to give us a call to learn about the ways we can potentially assist:
- We can challenge the validity of blood and breath alcohol test results.
- We can protect your rights and help you keep your license.
- We can help you avoid harsh fines and jail time.
- We can explore avenues to get your charges reduced or dropped entirely.
- We can portray you in your best light in front of a judge and/or jury.
- We can handle 3rd OWI cases anywhere in Wisconsin.
Meet the State's Top-Rated DUI Defense Attorneys Andrew Mishlove and Lauren Stuckert Handle Every Case Together
Andrew Mishlove
The first of two certified DUI Defense Law Specialists in Wisconsin
Among the foremost DUI defense lawyers in the United States
President and Dean of the National College for DUI Defense (NCDD)
40+ years of experience and 400+ jury trials argued
Lauren Stuckert
The second of two certified DUI Defense Law Specialists in Wisconsin
The first Wisconsin attorney certified in Forensic Chromatography by the American Chemical Society
A true expert in breath and blood alcohol testing
A national educator and lecturer in DUI/OWI defense law
“Extremely professional and tenacious people.”
"Andrew and his team are extremely professional and tenacious people who will fight for you when needed. I believe in their integrity and thank them for everything they have done for me."
—Jennifer Biewer, 5-Star Google Review
A Selection of Success Stories Strong Defense for Clients With Previous OWI Convictions
3rd OWI Offense: Case Dismissed
State of Wisconsin v. Ronald (last name withheld)
Andrew Mishlove demanded all the video evidence be turned over in this case, but somehow only the video from the squad car was available.
Upon reviewing the video, it was obvious that the police report and the video did not match.
Our attorneys challenged the lawfulness of the stop, and eventually the court agreed that the stop was unlawful. The case was dismissed.
3rd OWI Offense: Reissued as 1st Offense
State of Wisconsin v. Joe (last name withheld)
This client was facing all the penalties associated with a 3rd OWI in Wisconsin, including a year in jail and license revocation.
Andrew and Lauren discovered that the client's conviction for his 2nd offense was defective because he did not have a lawyer, did not understand his rights, and was not properly explained his rights.
Our attorneys won the issue, and then won again when the case was appealed by the state. The case was dismissed and re-issued as a 1st offense charge.
3rd OWI Offense: Reduced to Non-Criminal 1st Offense
State of Wisconsin v. Rodney (last name withheld)
This client was charged with a 3rd OWI in Wisconsin because of an alleged first offense in 1991 and an alleged second offense in 1999.
Our attorneys found that although Wisconsin DOT records indicated a 2nd offense conviction in another state, other state records indicated that the case was dismissed.
Now that the new charges were considered a second offense, the first offense from 1991 was too old to bear on this case. The charge was reduced to a non-criminal 1st offense DUI.
Breath Tests Are Notoriously Unreliable
Our Expert OWI Lawyers Challenge Everything Schedule Your Free Case Evaluation Now. We're Ready to Help You Move Forward.
When your rights, freedoms, and reputation are on the line, it's in your best interest to work with a legal team that refuses to back down. You've found that team in Andrew Mishlove and Lauren Stuckert.
We leave no stone unturned when it comes to building your defense for a 3rd OWI in Wisconsin, and we possess the scientific knowledge to communicate the truth about blood and breath alcohol test results to a judge and jury. We'll consider these factors to start:
- Did the responding officer have reasonable suspicion to pull you over?
- Did the officer have probable cause to administer a field sobriety test?
- Did the officer fail to properly administer a field sobriety test or breath alcohol test?
- Did your blood alcohol test return a false positive because of contamination, improper storage or handling, or malfunctioning machinery?
The sooner you contact Mishlove & Stuckert, the sooner we can begin reviewing all of the circumstances of your case.
"Lauren will fight for you every step of the way and you will get the best possible outcome. I know I certainly did."
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... 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 GoogleI can not be happier with my decision to hire on Mishlove & Stuckert to represent me for a felony DUI in 2019. Lauren was genuinely caring about the aspects of my case as well as the issues that were going on in my life. Even though due to an incorrect judgement by the Judge I was convicted. But Lauren knew she had it right and insisted on appealing to the court of appeals. She won that appeal unanimously against the State of Wisconsin Attorney General (the "top" attorney in the State) and got the case overturned. I would not let anyone I care about facing such a situation hire any firm but them. They are worth every dollar I spent on them and more...and that is not something I can say about any attorney I have ever employed in the past.
View on GoogleThe Basics of 3rd OWIs in Wisconsin
If you are arrested for OWI and have two prior alcohol-related driving convictions on your record, then you will be charged with a 3rd OWI in Wisconsin.
Wisconsin made a number of changes to its OWI laws in July 2010; adjustments to 3rd offense OWI cases were the prime target of that legislation. Not only was the minimum jail sentence raised, but all 3rd offense-and-higher convictions require you to start serving your jail sentence immediately following the sentencing hearing.
3rd Offenses Explained By Attorney Lauren Stuckert
The Penalties for 3rd Offenses
Jail Time
You face a minimum 45-day jail sentence and a maximum one-year jail sentence.
License Revocation and Penalty upon Conviction
You are subject to a minimum 24-month and maximum 36-month driver’s license revocation. That revocation will be extended by the number of days in jail to which you are sentenced. If convicted, you will have to wait 45 days before obtaining your occupational license. If you are convicted of a Refusal as well, that waiting period will be longer.
Ignition Interlock Device (IID) Penalty
You face a minimum 12-month and maximum 36-month Ignition Interlock Device (IID) order if convicted of a 3rd OWI in Wisconsin.
OWI Assessment Requirement
If convicted, you will be required to complete the Alcohol and Other Drug Assessment at the appropriate and recommended alcohol or drug counseling facility.
Fines/Forfeiture
At the 3rd-offense level, fines begin to increase based on a person’s blood alcohol concentration level. Normally, the offense is subject to a minimum fine of $600 and maximum fine of $2,000, plus various court costs. If your BAC was .17 or higher, those numbers are doubled ($1,200-4,000). If your BAC was between .20 and .249, the minimum and maximum fines are tripled ($1,800-6,000). If your BAC was .25 or higher, those amounts are quadrupled ($2,400-8,000).
Why You Should Contact Our OWI Lawyers
The consequences of a 3rd drunk driving offense are daunting. However, even if you believe the evidence is stacked against you, a legal defense strategy may exist. If you are facing the prospect of jail time, a license revocation, and significant fines because of a 3rd OWI in Wisconsin, we encourage you to contact the board-certified specialists at Mishlove & Stuckert, Attorneys at Law, today.
Our lawyers, Andrew Mishlove and Lauren Stuckert, have achieved the highest possible professional recognitions in the field of DUI defense. Mr. Mishlove has a seat on the governing Board of Regents of the National College for DUI Defense, the national organization that certifies drunk driving defense specialists. He is also the co-author of the only attorney's manual for OWI defense in Wisconsin. Meanwhile, Ms. Stuckert has extensive training in the science behind blood and breath tests for alcohol concentration levels, and she is the attorney other lawyers go to with questions about these highly technical processes.
Free Consultations!
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Our next success story could be yours! Even if you don't see a way out of your OWI charge, our renowned legal team can review your case and look for viable defense strategies. Initial consultations are totally free and carry no obligation. Schedule your free consultation today by filling out our online form or calling (414) 332-3499.
Potential Defense Strategies
Probable Cause and Lawfulness of the Stop
For a police officer to pull you over in Wisconsin, first and foremost, they need to have probable cause. If a court finds that a traffic stop was unlawful, any charge resulting from that stop may be thrown out. We have had multiple OWI charges reduced or dropped completely after arguing that a traffic stop was unlawful.
The Validity of Blood/Breath Tests
Very few people understand the chemistry that contributes to blood and breath tests for alcohol concentration, even in the criminal justice system. Attorney Lauren Stuckert has advanced training in this science and has successfully had cases dismissed after disputing the validity of test results.
Whether Past Convictions Are Valid
It is possible to have past convictions, even several years old, overturned if we can prove that those cases were improperly handled. Examples of defective cases can include cases in which the defendant did not have a lawyer. Disputing past convictions can lead to 3rd OWI charges being reduced to second or first offenses.
"True experts in the field."
"Mishlove & Stuckert are true experts in the field. They are committed to their clients beyond the courtroom, ensuring a smooth process during a difficult time for anyone involved in a case. The kinship between the lawyers is palpable, not to mention a warm and engaging staff. I highly recommend!"
—Sandy Reitman, 5-Star Google Review
Are These Circumstances Relevant to Your Case? Andrew and Lauren Can Help Protect Your Rights
OWI With Minors in the Vehicle
The penalties associated with your OWI offense will double if a minor under the age of 16 or a pregnant woman is in the vehicle with you at the time of your arrest.
Marijuana OWI
OWI charges are not only the result of drunk driving, and a charge of driving while under the influence of marijuana or other substances will still count as a repeat offense if your previous offenses involved alcohol or some other intoxicant.
Faulty Blood Tests
Our lawyers have an advanced and highly technical understanding of the science of blood tests that helps us win cases.
Get the Aggressive Representation You Need Expert OWI Defense Lawyers Are Ready to Take Your Call
If you are facing charges for a 3rd OWI in Wisconsin, don't go down without a fight. At Mishlove & Stuckert, Attorneys at Law, every case gets thorough attention from some of the country's most respected DUI defense attorneys.
The stakes are too high in cases like this to not have the best legal representation at your side. 3rd-time offenders face serious consequences like:
- Mandatory jail time
- Significant fines
- A lengthy period of license revocation
- Mandatory alcohol assessment
To give yourself a fighting chance, we invite you to schedule a free consultation with our defense attorneys today. Please schedule a consultation by filling out our online form or calling:
(414) 332-3499
Exceptional Lawyers
"Andrew and Lauren are exceptional people and lawyers. Without exception, when I am asked who to call regarding a Wisconsin DWI/DUI, I refer other lawyers and clients to Mishlove and Stuckert."
—The Sessions Law Firm, LLC, 5-Star Google Review
What Does Legal Representation Cost?
We discuss our fees at the end of every free consultation. Pricing will vary from case to case based on a variety of factors, and we believe that all of our fees are reasonable for the level of service we provide. We charge a flat rate for all of our cases, and we never trick our clients with hidden fees. To learn more about what representation will cost for your specific case, schedule a consultation today.
Is My Case Hopeless?
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No DUI case is hopeless. Even if you are ready to plead guilty, a review of your case by Andrew Mishlove or Lauren Stuckert may reveal details that you didn't realize were significant. This information could then provide a legal path towards having your charges reduced or dropped.