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...

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.

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.  

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:

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

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.