Driving under the influence of an intoxicant can result in an operating while intoxicated charge. A driver is considered alcohol-impaired if their blood alcohol concentration (BAC) is 0.08% or higher. In addition, it is illegal to drive with a prohibited alcohol concentration which is why many people get two separate drunk-driving charges.

Wisconsin law takes your BAC into consideration if you have been charged with operating a motor vehicle under the influence. For example, if you are convicted of driving with a BAC of 0.15% or higher as a first offense, the use of an ignition interlock device (IID) becomes mandatory. Also, all Wisconsin counties are members of a judicial district that has OWI sentencing guidelines. The main factor in the OWI sentencing guidelines for any offense is the alcohol level.

Wisconsin has a zero-tolerance stance against driving under the influence of restricted controlled substances, which includes all illicit drugs. While neighboring states such as Michigan and Illinois have decriminalized the recreational use of marijuana, there is close to zero tolerance for certain controlled substances in Wisconsin. “Any detectable amount” of delta-9 THC in your system can result in a charge of DWI.

The phrase “any detectable amount” is defined as one nanogram per milliliter of blood, which is no more than a trace amount. Mishlove and Stuckert has had amazing success defending “trace amount” accusations.

If controlled substances such as prescription medications and over-the-counter drugs such as cough medicines impair your ability to operate your vehicle, you may also face a charge of OWI or DUI/DWI.

The Wisconsin DUI lawyers at Mishlove and Stuckert, Attorneys at Law know the impact that a drunk driving offense can have on your life. A serious OWI offense can have serious consequences. It may compromise your ability to make a living for yourself and support your family. We understand the needs of our clients, and we do everything within our power to minimize the burden and stress that is so common during these trying times.

Listening is a skill that too few lawyers have mastered, and yet it is an essential skill for an expert lawyer. Listening to your concerns is just as important as talking to you about your problem. In fact, it is the only way to really understand your life and the potential effects of your legal problem.

We treat our clients with respect, and we care about the outcome of your case. We will fight for you and do everything we can to put your mind at ease. To request a free consultation and learn how we can help, contact us online or give us a call at:

(414) 332-3499

While police officers are trained in the execution of field sobriety tests (FSTs), many factors can lead to mistakes. First and foremost, it is common for police officers to administer these exercises incorrectly. They often give poor instructions, perform bad demonstrations, and score clues improperly. While it is important for public safety to establish tests to determine if someone is too inebriated to drive, in practice FSTs are often inaccurate. A police officer is using their training for these tests to establish probable cause, but just because someone fails a sobriety test does not necessarily mean that they are under the influence of an intoxicant or too impaired to operate a motor vehicle.

A person with poor balance or any number of legitimate medical issues may not pass a FST and can end up facing serious charges that can have a significant impact on their quality of life. Meanwhile, a person with a high tolerance for alcohol may pass a FST even if legally above the limit. These are just two examples of the flaws inherent in field sobriety tests. Andrew Mishlove and Lauren Stuckert have both taken the same FST training as the police and are certified in FST administration. They are experts in the protocol surrounding these tests and have successfully demonstrated the shortcomings in courts throughout Wisconsin.