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...

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

Mishlove & Stuckert

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.
“After working with Andrew, I have to say that he is one of the most competent people I have ever met. His attention to every detail and skill in the courtroom is unsurpassed. As a former client of his, I have nothing but praise and if you are in need of representation, you can do no better.” - Mark

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. 
Traffic intersection

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.

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.

Gary Gavin

December 2019

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I was extremely panicked when I contacted my local lawyer regarding an out-of-state traffic ticket issue that became a very serious issue for me.  They referred me to Andrew Mishlove. His assistant Sara and he worked hard over 4 months on my case.  He was able to convince the WI ADA to look at my case and consider then accept a plea to a lower speed, reducing the ticket such that it is no longer a problem!  I highly recommend the Mishlove team!  They did not let me down!

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Annette Norstom

September 2019

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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.

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Contact 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

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.  

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. 

A DUI-Related Homicide  Carries Serious Consequences

The penalties for an accidental OWI/DUI homicide are severe. If you are convicted, your punishment will include a long prison sentence and other serious penalties, including:

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.

Woman holding up hands at desk

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

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
“Thank You, Andrew and Sarah !!!! I really appreciate your genuine interest in my well being, as well as interpreting the facts related to the stop, and defending me in my DUI case. I have really taken a hard look at my past drinking patterns, and will continue working to assure I will never make this mistake again.” - Ed

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: 

  • A permanent criminal record
  • Loss of driving privileges
  • Loss of employment
  • 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. 

"He is great"

"Andrew and his team were there for me and helped me through a tough time in my life. He saved my career. He is great what more can I say." Chris
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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