Cop giving woman sobriety test

First Offense OWI With Minor Passenger

Being charged with an OWI causes stress and fear. A first offense OWI with a minor passenger carries especially severe consequences. 

For decades, the attorneys at Mishlove and Stuckert have helped clients achieve dismissals and reduced charges in DUI cases. 

Find out why we are renowned throughout Wisconsin for our DUI defense expertise. 

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 through this complex process and are confident they can help achieve the best possible outcome. 

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. 

Their successful track record helping clients charged with a variety of drunk driving offenses 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. 

Wisconsin Penalties For First OWI
   With Minor Passenger

Man holding jail bars

Jail Time

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 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.   

Closeup of driver's license

License Revocation

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.

Man at wheel taking IID test

Ignition Interlock Device

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 .15 or higher, you will be required to put the IID in your 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.

Wisconsin Comes To Us For Legal Wins


Guy Grenfell


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I had the unfortunate experience of having to go through my first DUI. After explaining my case to Andrew he came up with a great game plan for my case. He ended up getting my breathalyzer results dropped due to the officers not following proper procedures. It was very impressive how he turned the case around on the prosecutor and won over the judge! This was a huge win for me due to having to drive other peoples cars for a living. I highly recommend Mishlove & Stuckert!

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Tracy Green

Milwaukee, WI


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Lawyers refer other lawyers to those who we belong e represent clients at the highest level. I’m from Los Angles, CA and here is here I’d send my clients. Who cares about clients? The ethics of the profession? Andrew, that’s who.

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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 the DUI field can confidently navigate you through your case and work to reduce misdemeanor and felony criminal charges while endeavoring to get the case dismissed altogether. To request your consultation, contact us or call:

(414) 332-3499

Lawyers of Mishlove and Stuckert, Attorneys at Law

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

Cop holding breathalyzer test

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

Imagery scans

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. 

More Stories From Pleased Clients


Daina Castillo


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I had the pleasure of speaking with Sara for guidance and information and out of all consultations, I have to say that hers was not just the most informative one, but also the most honest and detailed one I received. She spoke to me with compassion rather than with judgement and answered and provided me with information to all the questions I had without feeling rushed. I highly recommend her and this firm to be your go-to firm with any case that you may have :)

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Pete Trost


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I highly recommend Mishlove & Stuckert if you need representation for a driving citation. I have personally conferred with both Andrew and Lauren and both are equally personable, knowledgeable, professional, responsive and put you at ease. They both explain everything to you very clearly and so you understand the legal process. Sara is very pleasant and helpful every time you call and need something or have a question. Definitely would not have a such a favorable outcome without all of them and very appreciative of all their hard work and efforts. Highly recommended!

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Andrew Mishlove and Lauren Stuckert

Mishlove and Stuckert, LLC Attorneys at Law

Mishlove & Stuckert, LLC Attorneys at Law has been rated the #1 OWI/DUI law firm in the state by Wisconsin Law Journal Reader Rankings. Our OWI/DUI specialists have been highly rated by organizations including: 

  • Avvo™
  • Super Lawyers
  • Martindale-Hubbell 
  • Better Business Bureau 

To speak with one of our board-certified OWI/DUI defense specialists, request a consultation online or call us at (414) 332-3499.

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"Mr. Mishlove was worth every penny and then some. I would consider him the Michelangelo of the DUI defense world.
He is professional, dedicated, and pours his heart into his job. I would give him 10 stars if I could."
Ronald S.

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