I Am Under Arrest for Dui. Now What?
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.
Why should you hire the Mishlove & Stuckert, LLC Attorneys at Law team?
First Steps To Take What To Do if You Are Stopped
Be Polite and CalmEven 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 TestsTypically, the police officer who pulled you over will ask you to take a series of field sobriety tests. In the state of 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 TestIn Wisconsin, as in all states, 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 child 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.
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. So, 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. Most are surprised to learn, that 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 to a person who has been arrested, but prior to the breath or blood test. This might trigger an earlier right to an attorney.
It takes a knowledgeable lawyer to evaluate these situations.
"Have faith, there is help"
Lauren Stuckert changed my life. She turned around what would have been the most difficult situation I would have to endure. I wish I could put into words the feeling of gratitude I feel that she became an advocate for those unfairly charged. She demonstrates strength and intelligence with grace and flair in the courtroom. Juries truly listen to her. She knows exactly what she is doing and I highly recommend her! She knows the law. Have faith, there is help, please reach out to Lauren at Mishlove & Stuckert.View On Google
Andrew Mishlove is one of the best DWI defense lawyers I’ve ever met. His knowledge of how to defend a client and win is beyond comparison. If you need a lawyer who knows how to really help you in a difficult time and you want the best chance of winning, you should call his law firm!View On Google
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.”
Contact a DUI Attorney
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 an attorney to evaluate your situation.
Do this as soon as possible. We are available 24/7. If you need immediate help, call our office.
Call Us Now
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. We will spend time with you and ask you about your life, family, and work. We’ll go through the facts of the case. People call our law firm because we have the reputation and credentials as the very best law firm in the state at fighting OWI/DUI cases. It takes an experienced, knowledgeable lawyer to evaluate a 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 contact us online or call our office 24 hours a day, seven days a week at:
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 sought-after and 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 is 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 than Mishlove and Stuckert, LLC. Over their combined five decades of experience, the OWI/DUI attorneys at our criminal defense law firm 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 DUI, DUI's 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 Biewer - 5-Star Google Review - 2017
What Is 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, at your earliest opportunity, you should do so. Be advised: Wisconsin DUI laws are tough. You need an expert lawyer who can start building a defense quickly — 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 applicable laws. Choose one who is educated, skilled, and experienced in every possible 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.
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. If, however, we are not a good match for you, we will also tell you that and we will be happy to help you to find another lawyer as quickly as possible.
Time to select your lawyer may be running out. Contact us today to meet at no charge or obligation with the most successful and experienced Wisconsin DUI defense attorneys. We handle cases throughout the state, with offices in Milwaukee, Oshkosh, West Bend, and Waukesha. You can contact us online or call:
How Do You Fight a Dui Charge?
An OWI/DUI charge can be fought. 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. Call us for a free consultation. We’re happy to talk the case over with you, at no obligation, and explain your options.
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
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 - 5-Star Google Review - 2015
How Can Mishlove & Stuckert help me defend a DUI arrest?
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.
Wisconsin and Milwaukee DUI lawyers Andrew Mishlove and Lauren Stuckert are Wisconsin’s only true DUI defense specialists: the highest credential that can be attained by an OWI/DUI defense lawyer. Not only are we certified in blood testing but Andrew Mishlove is also known nationwide for teaching blood testing procedures to other lawyers. Both Andrew Mishlove and Lauren Stuckert are also certified in standardized field sobriety testing, the same certification held by more advanced police. All of the attorneys have also taught at the prestigious National College for DUI Defense, held each summer on the premises of the Harvard Law School.
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:
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 Lieven - 5-STAR GOOGLE REVIEW - 2022
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.
Not sure how? Many people believe that blood test results cannot be challenged. Unfortunately, many DUI defense lawyers do not know how to even review blood test laboratory records to see whether the test was performed correctly.
Mishlove and Stuckert, though, are different. We 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 not only have the highest level of training in blood test chemistry, but we also teach blood testing to other lawyers from all over America. We have found many unbelievable blood test mistakes. We know that false blood test results can happen from a bad blood draw, an improperly handled sample, a poorly calibrated blood test device, or human error. A blood sample, for example, may ferment if it is handled improperly!
Types 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 details and have provided some important basics below.
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).
If you are convicted of 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.
The penalties and consequences for the 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.
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.
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.
Now is the best time to contact an attorney. While you can bring one in at any point in the case, the sooner you do it, the better. In many cases, there are strict time limits that may expire as quickly as ten days from the date of your DUI arrest!