First Offense OWI With Minor Passenger Wisconsin
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The Mishlove and Stuckert Advantage
DUI/OWI cases are extremely complex and often require a heightened level of expertise. Our attorneys, Andrew Mishlove and Lauren Stuckert, are Wisconsin’s only true NCDD-American Bar Association accredited DUI defense specialists. They are authorities in the field of drunk driving law and have written and taught extensively on the subject, including ways in which blood alcohol concentration readings can be faulty.
Their successful track record helping clients facing a variety of drunk driving charges (known as driving while intoxicated in other regions of the U.S.) led to them being voted Wisconsin's #1 DUI Law Firm by the Wisconsin Law Journal's Reader Poll. They have helped countless people avoid penalties, misdemeanors, felonies, and jail time.
First OWI Offense With a Minor
If there is a minor in your car when you are arrested for an OWI, the consequences are drastically different as you will face DUI and child endangerment charges. For your first offense with a minor under the age of 16, you may face five days to six months in county jail as it is considered a crime instead of a civil traffic violation. The DUI specialists at Mishlove & Stuckert, LLC Attorneys at Law, have helped many clients charged with OWI and are confident they can help achieve the best possible outcome.
Contact Us For Quality Legal Defense
If you have been charged with a DUI with a child passenger it is highly recommended that you seek legal representation. Our initial consultation is 100% free and comes with no obligation on your part. Our attorneys can work remotely and serve nearly the entire state of Wisconsin.
The litany of penalties that accompany being charged for a first OWI with a child passenger offense can be overwhelming. Our renowned specialists in charges relating to operating a vehicle under the influence can confidently navigate you through your case and work to reduce misdemeanor and felony criminal charges while endeavoring to get the case dismissed altogether. Get in touch to request your free consultation:
"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. These people are class acts." — Z, 5-Star Review
Wisconsin Penalties For First OWI With Minor Passenger
A first offense OWI with a minor passenger is a serious driving offense. In addition to a maximum fine of $1,100, you could face:
While most first OWI violations are first offenses subject only to civil penalties, your first DUI is a criminal offense if there was a minor under the age of 16 in the vehicle. The elevated charges that come with a first OWI with a minor passenger mean you face similar penalties to those charged with second offense OWI: between a minimum five-day and a maximum 6-month jail sentence.
When Wisconsin's driver's license revocation law was passed in July 2010, the legislation only specified that the jail sentence would be the same as a second offense. Some prosecutors mistakenly believe that the court should also increase the revocation. Before this law went into effect, however, the Wisconsin Department of Transportation already doubled the length of the revocation if there was a minor in the vehicle. The problem occurs when the court increases the revocation, and then the DOT also increases it. The revocation may be twice what either court intended. It is important to have a lawyer who is able to guide the judge and prosecutor on the proper application of the law so that your revocation does not get an extra doubling.
The ignition interlock device (IID) requirement follows the same guidelines for a civil first offense OWI, meaning that if the result of your breath test at the police station or blood test at the hospital result is 0.15 or higher, you will be required to put the IID in your motor vehicle. Again, it’s important that your lawyer understands this as some prosecutors may believe the IID applies in all OWI with minor cases as it does in all second offenses.
Other Situations That Can Raise Penalties
Being charged with a first offense OWI with a child passenger comes with severe charges. There are other possible factors that may lead to more penalties.
Implied Consent Refusal
Wisconsin's implied consent law states that any driver must take a drug or alcohol test if police have a reason to believe the driver is under the influence. Refusing to be tested leads to a one-year license revocation and one-year IID.
Causing Injury
If you are charged with causing injury along with your first offense with a minor passenger, you are subject to significantly stiffer penalties. These can include felonies, child endangerment, and added years to license revocations and IID.
Obtaining an Occupational License
- Many Wisconsin residents need to drive in order to support themselves. If you have had your driver's license revoked, you may be able to receive an occupational license.
- An occupational license allows you to drive to and from work, so you can still support yourself. However, an occupational license limits when, where, and what type of vehicle you can drive. Navigating this issue and other penalties that come with an OWI offense with a child passenger can be made easier with the help of our attorneys.
“Lauren is the best attorney.”
Stephanie
2025
Lauren is the best attorney and is worth every penny and more. She did a great job helping my fiance out with his 4th owi. She was compassionate and listened to not only his past but how he got in the situation that he did she understood. She knows her law and she can and will get you justice that you deserve. She's on your side every step of the way! I would not recommend anyone else especially with a dui.
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2024
I can not be happier with my decision to hire on Mishlove & Stuckert to represent me for a felony DUI in 2019. 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.
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