DUI Defense Lawyer Wisconsin
If you are arrested for drunk driving (called DUI in most states but OWI in Wisconsin) you are going to be under a lot of stress and strain. Your right to drive, your career, even your freedom may be at risk.
Because OWI laws in Wisconsin are very strictly enforced, with a law that limits plea negotiations, you need an experienced DUI lawyer who knows how to build a strong defense.
Find out why the team at Mishlove & Stuckert, LLC are considered Wisconsin's premier DUI defense specialists. Book a free consultation today.
Contact a DUI Attorney as Soon as You Can
In Wisconsin, a person who is arrested for OWI/DUI is generally not allowed to contact an attorney until very near the end of the process. An OWI/DUI arrest has a number of steps in it that should be done in order. The police are trained to do them in a specific order so that your right to talk to an attorney comes after you are stopped, investigated, arrested, and even after you have been asked to give a breath or blood sample. If the police do this in order, your right to an attorney is triggered by the “custodial interrogation” that occurs after the breath or blood test. The police, however, sometimes mistakenly conduct a “custodial interrogation” at a different time. This triggers your right to Miranda warnings and an attorney. So, as soon as you are able, contact a DUI attorney to evaluate your situation.
Do this as soon as possible. We are available 24/7. If you need immediate help, call our office.
OWI vs. DUI: What's the Difference?
While many states use the terms "DUI" or "DWI" to refer to driving under the influence of alcohol or a controlled substance, Wisconsin uses the term "OWI," which stands for "operating while intoxicated." This means that in our state, just turning on your vehicle while under the influence can lead to an OWI charge. At Mishlove and Stuckert, LLC, you'll find Wisconsin's only true certified impaired driving defense attorneys—put our team to work in your favor starting with a free consultation.
Call Wisconsin's Only DUI/OWI Specialists We're Ready to Help You Defend Your Freedom
If you have been arrested for drunk driving in Wisconsin, you could be facing serious criminal charges. To find the attorneys who will provide a detailed review of your case—and an expert defense—call Mishlove & Stuckert, LLC Attorneys at Law, the only true OWI/DUI specialists in the state.
Our criminal defense attorneys handle cases in most Wisconsin counties, from Kenosha up to Eagle River and from Lancaster to Green Bay. We have offices in:
Our law firm is happy to offer free initial consultations to people to have been arrested for OWI/DUI. People turn to us because we have the reputation and credentials as the very best in the state at fighting OWI/DUI cases. It takes an experienced, knowledgeable lawyer to evaluate a DUI case and assess your chances of winning. It also takes a very thorough investigation. Contact us as soon as you can to get this process started. You can message us online or call our offices 24 hours a day, seven days a week at:
(414) 332-3499
Why You Should Choose Mishlove & Stuckert
Attorney Andrew Mishlove literally wrote the textbook on OWI defense in Wisconsin. "Wisconsin OWI Defense, the Law and Practice" by Mishlove and Nesci is the must-have textbook that Wisconsin lawyers use in drunk driving defense. Andrew Mishlove is Wisconsin's first board-certified DUI defense specialist, and in 2011, he was elected to a seat on the board itself. He is a frequent speaker at conferences and courses all over the country, where lawyers are taught how to defend drunk driving cases.
Attorney Lauren Stuckert is also a board-certified DUI defense specialist. She was the youngest lawyer in America ever to achieve this distinction. She was also the first criminal defense attorney in Wisconsin to receive a certificate in Forensic Chromatography Blood Alcohol Analysis.
No Wisconsin law firm has more experience, more knowledge, or a better history of success when it comes to DUI defense than Mishlove and Stuckert, LLC. Over their combined five decades of experience, our DUI attorneys have built an impressive portfolio of success stories. We handle all sorts of OWI/DWI/DUI cases, including cases involving minors in the vehicle, marijuana DUIs, DUIs involving personal injuries, and DUI homicides.
Professional and Tenacious
"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 B., 5-Star Review
Educating Other Lawyers in Blood Testing and Trial Advocacy
Wisconsin DUI defense attorney Andrew Mishlove specially developed coursework in blood testing and trial advocacy so other lawyers can get real experience in breaking down complex scientific concepts into clear language for the courtroom. Blood alcohol tests are notoriously unreliable, and you don't deserve to have bad science determine your future. Our attorneys know how to interpret results and which questions to ask to most effectively argue your case.
First Steps To Take If You Are Stopped on Suspicion of DUI
Be Polite and Calm
Even though being stopped by the police can be scary and frustrating, you need to stay polite and calm. Lashing out or being rude to a police officer will not help your case; in fact, it will be used as evidence against you. It may give your prosecutor an excuse to seek the harshest charges possible, so do not argue with the police, insult the police, lie to the police, or try to talk your way out of it. Simply be polite and calm.Field Sobriety Tests
Typically, the police officer who pulled you over will ask you to take a series of field sobriety tests. In Wisconsin, you are not required to take these tests in the field unless you are working as a commercial driver. If you refuse to take the tests, make sure to do so in a polite and calm manner. However, understand that the fact that you refused to do the field exercises may be used as evidence against you in court, just as your performance on these exercises may also be used as evidence.Breath or Blood Test
There are driver’s license penalties if you refuse to submit to a breath or blood test. In first-offense situations, these penalties may be harsher than the OWI/DUI case itself. If the case is a second or subsequent offense, if someone was injured, or if there was a minor in your car, the matter may be criminal. In that situation, if you refuse to give a breath or blood sample, you will be facing the extra driver’s license penalties, and it is still very likely that the police will take your blood anyway, usually with a warrant.We've Studied the Same Field Sobriety Coursework as the Police
Andrew Mishlove explains the three levels of field sobriety training that police officers across the nation receive. Our Wisconsin DUI defense attorneys have also taken this coursework, and they teach what they've learned to other defense attorneys as well. We understand the procedures and protocols—and can identify when police violate them.
When Do I Get To Talk to an Attorney?
The right to talk to an attorney is triggered by something called a “custodial interrogation.” Simply put, that means being questioned after an arrest. An arrest is not the initial stop and detention, but the point where you are cuffed and put in the back of the squad car. Courts have also held that an interrogation requires verbal questions that call for verbal answers.
This means neither the field sobriety exercises nor the chemical test procedure are interrogations. Many times, when people are asked to consent to a breath or blood test, they want to talk to an attorney. Unless the police are conducting a custodial interrogation, the right to an attorney does not yet apply.
Usually in Wisconsin, after the breath or blood is taken, the police go through a procedure called the Alcohol Influence Report. This is a custodial interrogation that requires a Miranda warning. At this point, it is best to refuse to answer any questions.
If the police follow the OWI/DUI procedure correctly, the right to an attorney is triggered after the breath or blood test. Sometimes, however, the police will start asking questions after arrest, but prior to the breath or blood test. This might trigger an earlier right to an attorney.
It takes a knowledgeable DUI lawyer to evaluate these situations.
We Offer Free Consultations Get Started on Your Case Today
We offer free initial consultations in all cases. If you have a case that needs Wisconsin’s only true OWI/DUI specialists, then we are the best possible choice.
Time to select your DUI lawyer may be running out. Contact us today to meet with the most successful and experienced Wisconsin DUI defense attorneys at no charge or obligation. We handle DUI cases throughout the state, with offices in Milwaukee, Oshkosh, West Bend, and Waukesha. You can contact us online or call:
(414) 332-3499
What Happens If I'm Stopped by Police?
Andrew Mishlove, our OWI defense attorney, describes what to expect if you're pulled over on suspicion of drunk driving in Wisconsin. You will be required to identify yourself with your license, registration, and proof of insurance, but otherwise, you have the right to remain silent and refuse any testing. The very best thing you can do for yourself if you've been pulled over on suspicion is to call the attorneys at Mishlove and Stuckert as soon as possible.
"If you’re searching for an attorney for an OWI case, stop looking."
Anthony Dell'Aquila
Milwaukee, WI
2023
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 GoogleRies Hansen
Milwaukee, WI
2023
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... I think my experience qualifies me to personally attest to Andrew Mishlove’s reputation as a brilliant trial attorney and one of the best OWI defense lawyers in the entire country. He is incredibly well informed and prepared before a trial. He is approachable, a professional, and serious. He was well liked by the judges, the prosecutor and most importantly, the jury. I highly recommend Andrew Mishlove. He is worth whatever your future is worth.
View on GoogleTypes of OWI/DUI Charges And the Penalties You Face if Convicted
There are several types of OWI/DUI charges in Wisconsin. Our specialized attorneys can walk you through all the details and have provided some important basics below.
First DUI
Your driver's license can be revoked for six to nine months and you may have to complete treatment courses or a driver's safety plan. A conviction for your first DUI can cost approximately $800 in fines and additional court costs. If your BAC level is 0.15 or higher after you submit to a chemical test of your breath or blood, you face a one-year ignition interlock device order (IID).
Second DUI
If you receive a conviction for a second DUI in Wisconsin, you can face five days to six months in jail. Your license will be revoked for 12 to 18 months. Alcohol assessment and treatment are mandatory, in addition to having an IID installed.
Third DUI
The penalties and consequences in conviction of a third DUI are substantial, resulting in a minimum of 45 days in jail to a maximum one-year jail sentence. Your license will be revoked for a minimum of 24 months and have an IID in your vehicle for at least a year. If your BAC level is between 0.08 to 0.16, your fines will range from $600 to $2,000. If your BAC level was .17 or higher, your fine amounts can rise to as high as $8,000.
Fourth DUI
Your fines for a fourth DUI can range from $600 to $10,000. If your BAC level is 0.17 or higher, your fines can be doubled, tripled, or quadrupled. You will face a minimum 60-day jail sentence, with a maximum jail sentence of six years. Your license will be revoked for four to six years, plus the confinement period. All fourth DUI offenses are considered felonies in Wisconsin, resulting in the loss of several rights even after the completion of your jail sentence.
Driving Under the Influence of Drugs
Wisconsin has a zero-tolerance stance against drivers under the influence of drugs. Any detectable amount of marijuana or controlled substance like cocaine in your system can result in an OWI charge. You can also be charged with an OWI for operating a vehicle after taking function-impairing prescription medications or cough syrup.
OWI - Causing Injury
If you cause an injury while driving under the influence of alcohol or drugs, your license will be revoked and you can spend up to a year in prison. You will be fined $2,000 plus significant court costs. If you are convicted of a first offense, felony OWI/DUI - Causing Great Bodily Harm, you can be sentenced to 12.5 years in jail and subject to fines of up to $25,000. You will also have a lifetime CDL disqualification for offenses committed while operating a commercial vehicle.
OWI Homicide
A DUI homicide can be considered a Class D Felony or Class C Felony. Both classes of felony carry a minimum five-year prison sentence. A Class D felony can result in up to 25 years in prison and up to $1000,000 in fines. A Class C felony can result in up to 40 years in prison and up to $100,000 in fines.
How Can Mishlove & Stuckert help me defend a DUI arrest?
At Mishlove and Stuckert, LLC, we have won many cases that other lawyers thought were hopeless. With over fifty years of experience, we have helped people keep their licenses, avoid jail, and avoid an ignition interlock device. We may be able to have your charges reduced or even dismissed completely. As we build the right defense, you may avoid jail time, fines, a criminal record, and you may even protect your license.
Read seven key factors in winning a drunk driving case in Wisconsin to learn more about the defenses available to you.
There are many possible defenses. Here are just a few:
- Lack of reasonable suspicion or probable cause for the stop
- Lack of probable cause to arrest
- Improper reading of the breath or blood test rights
- Faulty test results — malfunctioning breath or blood test equipment
- Contaminated breath or blood sample
- Improper breath testing procedure
- Improper blood draw procedure
- Testing during absorption phase
- Improper counting of alleged prior offenses
Our Criminal Defense Team Produces Results Call Wisconsin's DUI Specialists Today
As the only true OWI/DUI specialists in the state, attorneys Mishlove and Stuckert have an extensive track record of reducing charges and getting cases dismissed altogether. We have successfully defended clients by scrutinizing arrest videos, challenging blood tests, challenging the legality of stops, and more.
If you are facing OWI/DUI charges, you need a team that has a proven history of producing favorable outcomes for its clients. Contact one of our offices in Oshkosh, Waukesha, Milwaukee, or West Bend today by requesting a consultation. You can also call:
(414) 332-3499
Respected by Other 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
We Are Experts in Blood Tests
Remember—the police, medical technicians, and even laboratory analysts make investigation errors. We have the know-how to evaluate and discover these errors.
Many people believe that blood test results cannot be challenged. Unfortunately, many DUI lawyers do not know how to even review blood test laboratory records to see whether the test was performed correctly.
Mishlove and Stuckert are different. They have unmatched training, skill, and experience in the methods used to test blood. We review the lab records in every single case.
In fact, we are the only law firm in the state, and one of only a handful of law firms in America, that has the ability to re-analyze computer files created by the state’s blood test machine. We have the highest level of training in blood test chemistry, and we teach blood testing to other lawyers from all over America. Our attorneys know that false blood test results can happen from a bad blood draw, an improperly handled sample, a poorly calibrated blood test device, human error, and many other reasons.
DUI FAQ
What Is the Difference Between OWI/DUI/DWI?
OWI stands for “operating while intoxicated.” It is the term used in Wisconsin; most other states use “driving under the influence” (DUI) or “driving while intoxicated" (DWI).What If I Am Pulled Over and Arrested for Drunk Driving?
As soon as you’re under arrest, the best thing you can do is remain polite and calm throughout the entire process. You will be given a chance to contact a DUI defense attorney, and you should do so as soon as you can. Be advised: Wisconsin DUI laws are tough. You need an expert lawyer who can start building a defense while the case facts are fresh. Typically, the sooner you get qualified legal help, the stronger your case may be.Isn’t Every Wisconsin DUI Attorney the Same?
Absolutely not! For the best possible outcome, choose a lawyer who understands the complex nature of the laws applicable to OWI, DWI, and DUI defense. While no lawyer can guarantee the outcome in your case, selecting expert Wisconsin DUI lawyers Andrew Mishlove or Lauren Stuckert can considerably improve your chances of achieving a win in your case and of keeping your criminal record clean. We are experienced in defending breath tests, blood tests, DUI with drugs, DUI injury cases, and DUI homicides.Should I Refuse a Field Sobriety Test?
You have the constitutional right to refuse a field sobriety test; however, police officers will consider your refusal an indicator of guilt. If you refuse the test, the most likely outcome is that you will be arrested.
I Was Arrested, but I Did Not Get Read My Miranda Warning!
In 1966, the United States Supreme Court decided the case of Miranda v. Arizona. This famous case requires the police to give Miranda warnings. On television, we always see people given Miranda warnings when they are arrested. In fact, Miranda warnings are only required prior to something called a “custodial interrogation.” That means an interrogation that occurs after an arrest. An interrogation is a verbal question that calls for a verbal answer. Courts have held that neither the field tests nor the breath or blood tests are “interrogations.”
The People of Wisconsin Trust Us
"Their guidance through my issue was exceptional. These people are class acts. While I don't intend to have myself in a pickle again that would require their service, I would highly recommend them and their fee to help. This team is the best, thank you!!" Zach L., 5-STAR GOOGLE REVIEW
