Wisconsin OWI Homicide
An accident that involves a death may be the most serious crisis you ever face. But, you do not have to face it alone.
At Mishlove and Stuckert, Attorneys at Law, we know that accidental death is a terrible tragedy for two families, including yours.
Our Wisconsin defense attorneys can successfully handle the most serious drunk driving offenses including those involving OWI homicide.
An accident that involves a death may be the most serious crisis you ever face. But, you do not have to face it alone.
At Mishlove and Stuckert, Attorneys at Law, we know that accidental death is a terrible tragedy for two families, including yours.
Our Wisconsin defense attorneys can successfully handle the most serious drunk driving offenses including those involving OWI homicide.
Reach Out to an Attorney Now Request a Free Consultation with Our Board-Certified OWI/DUI Defense Specialists
These cases require a balance of expertise and sensitivity that not all attorneys can provide. Our criminal defense attorneys understand the profound emotional distress you are experiencing right now, but you must remember that you have rights. Attorneys Andrew Mishlove and Lauren Stuckert are qualified to uphold those rights because:
- We are the only National College for DUI Defense-American Bar Association-accredited DUI defense specialists in Wisconsin.
- We are authorities in our field. Andrew Mishlove authored the book on OWI defense, Wisconsin OWI Defense: The Law & Practice.
- If misconduct played a role in your case, they can identify it. Mr. Mishlove and Ms. Stuckert are trained in forensic science, breath analysis, blood alcohol analysis, and blood drug analysis.
The sooner you reach out to a criminal defense attorney versed in DUI laws, the more time they will have to construct a defense that safeguards your rights. Contact us and request your free consultation now by writing to us or calling:
A Sensitive Approach While Standing Strong for Clients
OWI cases in which someone is injured or killed are especially sensitive—our Wisconsin OWI defense attorneys treat them with the utmost seriousness. Andrew Mishlove and Lauren Stuckert understand what's at stake for you. While we make a point to have compassion for the family of the bereaved, we also uphold our commitment to providing the strongest possible representation for our client at every turn.
Request a Free Consultation
With the #1 DUI Law Firm in Wisconsin
If you are facing a charge for homicide while OWI, you need the best possible team on your side to ensure that your rights are protected. Mishlove and Stuckert, Attorneys at Law has been voted the #1 DUI Law Firm in Wisconsin by the Wisconsin Law Journal Reader Rankings. We have helped many clients reduce or dismiss the charges against them for the most serious offenses. Because of our training, expertise, and results, we have earned recognition from various important legal organizations, including:
- Martindale-Hubbell
- Better Business Bureau
- SuperLawyers
- Avvo
We know that these tragic events happen at all hours of the day, so we offer free consultations 24 hours a day, seven days a week. To learn about your legal options, request your free consultation online or call us:
(414) 332-3499
Worried about the Cost of Retaining a Lawyer?
Many defendants who face criminal charges are afraid to contact a lawyer because they are worried about legal fees. However, it is important to consider how much is at stake. Without a lawyer on your side, you run the risk of:
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A permanent criminal record
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Loss of driving privileges
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Loss of employment
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Imprisonment
Because you have a lot to lose, you need the best possible law firm on your side. At Mishlove and Stuckert, Attorneys at Law, we understand that most motorists don't budget for a lawyer. For this reason, we offer several different flat rate fees to help you afford our outstanding level of legal care. With us, there are no hidden fees and our first consultations are always free.
“If you’re searching for an attorney for an OWI case, stop looking. Lauren will fight for you every step of the way.” Anthony D., 2023
Definition of "Operating while Intoxicated"
In the state of Wisconsin, operating while intoxicated, or OWI, is used to describe drivers who:
- Are under the influence of an intoxicant to the point that their ability to operate a vehicle is impaired
- Operate a vehicle with a restricted alcohol concentration in their system. For first, second, and third-time DUI offenses, the legal limit is 0.08. For fourth-time drunk driving offenses and any subsequent DUI offenses, the limit is a much lower 0.02. The 0.02 limit also applies to drivers who have an ignition interlock device (IID) installed in their car.
- Have any amount of a restricted controlled substance in their system.
Homicide by Intoxicated Use of a Vehicle
In Wisconsin, if alcohol is involved in a vehicular homicide, it is called homicide by intoxicated use of a vehicle.
Per Wisconsin law, you can be penalized for OWI homicide if you cause the death of another person or an unborn child while:
- Under the influence of an intoxicant
- Containing a detectable amount of a controlled substance in your bloodstream
- Having a prohibited alcohol concentration in your system
- Having an alcohol concentration greater than .04 but less than .08.
In Order to Convict You, the Court Must Prove Several Facts
OWI/DUI homicide requires the state to prove a number of things. First, that you were impaired by the consumption of an intoxicant. Second, that as a result of that impairment, you caused a death.
However, not every person who has consumed an intoxicant is impaired. Furthermore, even if they were impaired and someone died, it may not have been their fault.
Vehicular homicide while OWI is one of the most serious types of cases that can occur. If you or a loved one is facing this type of charge, you should get the best lawyer that you can find. At Mishlove and Stuckert, you have one of America’s leading defense law firms right here in Wisconsin.
Blood Tests Aren't Perfect
As Wisconsin's only two certified DUI defense specialists, attorneys Andrew Mishlove and Lauren Stuckert are deeply familiar with blood alcohol testing and the many circumstances that can lead to a faulty result. In fact, Mr. Mishlove has designed his own course in blood alcohol testing and trial advocacy that he now teaches to other attorneys throughout the country. Our approach in court is science-backed and tenacious.
Possible Defenses
Depending on the specifics of your case, we may be able to use these possible defenses:
- The death would have occurred even if the driver had not been under the influence of an intoxicant or controlled substance
- The death would have occurred even if the driver had been exercising care while driving
- The motorist did not have a detectable amount of a restricted controlled substance in their system
- The motorist had detectable drugs in their blood but they had a prescription for the substances
- The motorist did not have an illegal alcohol concentration in their system
Here's How Our Attorneys Can Help
Every case is different. Our criminal defense attorneys can examine the facts of your case, explain how the law applies to each component of your case, and help you determine which steps you should take to protect your innocence.
Our attorneys work with renowned accident reconstruction specialists to gather important evidence about your case. In some cases, these investigations unveil that drivers are not responsible for the collision or accident that resulted in death, and we are able to reduce or dismiss the charges against you.
When investigating your case, our attorneys will also examine the breath or blood tests to determine whether any errors occurred. If we are able to show that you were not breaking the law when the accident and homicide occurred, we could be able to dismiss or reduce the criminal charges against you.
"A brilliant trial attorney and one of the best OWI defense lawyers in the entire country."
Ries 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, 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. 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.
View on GoogleKaren
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 GoogleContact Mishlove and Stuckert & Learn about Your Legal Options
Although a vehicular homicide charge is an extremely serious case, you have options. The tragic loss of life does not mean you are guilty. By hiring the #1 DUI defense attorneys in the state, you have the best possible chances of getting your charges reduced or dismissed.
Andrew Mishlove and Lauren Stuckert offer free consultations at all hours of the day. Simply request your consultation online or call us:
(414) 332-3499
The Circumstances of Your Case Will Determine the Class of Felony You Are Charged With
Class D Felony
Most motorists charged with homicide by intoxicated use of a vehicle are charged with Class D felonies. A Class D felony conviction carries a minimum five-year prison sentence unless the court is able to find a compelling reason for a lesser prison sentence.
If convicted, motorists face up to 25 years in prison and up to $100,000 in fines.
Class C Felony
If a motorist has one or more prior convictions, driving suspensions, or license revocations, the court will typically classify an OWI homicide charge as a Class C felony. Class C felonies also carry a minimum five-year sentence.
If convicted of a Class C felony, a motorist faces up to 40 years in prison and up to $100,000 in fines.
Proven Track Record with the Toughest Drunk Driving Cases
Andrew Mishlove and Lauren Stuckert do not back down from tough cases and have been successful when representing cases involving homicide by intoxicated use of a vehicle. During the State of Wisconsin v. W.D., our client was being charged with homicide by intoxicated use of a vehicle. The state of Wisconsin argued that a dangerous combination of prescription medication and low alcohol levels caused our client, W.D., to be impaired. W.D. came to Mishlove and Stuckert, and we immediately sought the help of a doctor of pharmacology, who analyzed the opinion of the state's expert witness.
Andrew Mishlove and Lauren Stuckert do not back down.
Our attorneys challenged the state's expert in a detailed pretrial proceeding. After lengthy correspondence with the prosecutor, we were able to reduce the charges to a charge of homicide by the negligent use of a vehicle, which is a class G felony. Compared to Class D and Class C felonies for homicide while operating while intoxicated, a class G felony carries a much lower maximum sentence of ten years and up to $25,000 in fines.
Although this case is not a "success story" given the tragic loss of life and substantial penalties, it is a testament to the hard work and diligence that our defense lawyers use to defend clients in the toughest cases.
Vehicular homicide while OWI is one of the most serious types of cases that can occur. If you or a loved one is facing this type of charge, you should get the best lawyer that you can find. At Mishlove and Stuckert, you have one of America’s leading defense law firms right here in Wisconsin.
Be Aware: Recent Laws Have Led to Stricter Penalties
In late 2019, the governor of Wisconsin signed a bill that creates a mandatory minimum five-year prison sentence for anyone that is convicted of homicide when operating a vehicle while intoxicated.
Occupational License
An occupational license allows drivers who have lost their driving privileges to drive between home, work, or school. The fee for obtaining an occupational license in Wisconsin is approximately $240. Motorists can apply for an occupational license after 120 days. However, if the motorist has two or more drunk driving offenses within the last five years, they must wait one year before they can apply for an occupational license. During this time, Absolute Sobriety is required. Absolute Sobriety is a law that is commonly referred to as "Not a Drop." This means that a motorist cannot drive at all if he or she has consumed any amount of alcohol.
It is important to keep in mind that the penalties for OWI convictions double if you have a minor under the age of 16 or a pregnant woman in the car. Additionally, the higher your blood alcohol concentration is, the higher your penalties will be.
A Drunk Driving Offense Can Affect All Areas of Your Life
A conviction could mean mandatory prison time, heavy financial losses, and a loss of your rights. If you have a felony conviction on your criminal record, it may be more difficult to obtain the employment or housing you want. In some cases, your right to own a firearm or your right to vote may also be taken away.
Because there is so much at stake, you need to contact a lawyer as soon as possible to ensure that your rights are protected.
Protect Your Freedom & Your Future
by Calling Us Today
If you are facing a serious criminal charge such as homicide while OWI, you may feel helpless or alone. But our legal team can examine your case, strategize on your behalf, and help you achieve the best possible results. Although no case that involves the death of another person can be declared a victory, you still deserve the chance to defend yourself and protect your rights.
To talk to our team about your case, request a free consultation online or call us:
(414) 332-3499
"In the end everything they told me was honest, and the outcomes happened as they predicted and coached me on. Their guidance through my issue was exceptional." Z L, 2023
Why You Need an Attorney
Drunk driving accidents that result in injury or death can carry much more serious charges that impact your livelihood and freedom. An OWI/DUI defense attorney can ensure that every piece of evidence is thoroughly investigated and help determine whether you are truly at fault.
"Everyone at this firm was kind, respectful and hard working. We were kept informed of the proceedings as they were happening and our questions were answered promptly, even after hours. I cannot put into words how much Andrew Mishlove has helped us through the impossible." Daniel, 2021
