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...
Arrested for OWI with Vehicular Homicide? These Should Be Your Next Steps
Immediately following your arrest, it can be tempting to try to diffuse the situation by explaining yourself or apologizing. However, it is important that you say as little as possible to the authorities. Be cooperative, but avoid talking until you have a lawyer present. Otherwise, you give the police possible evidence to use against you in court. Politely state that you want to exercise your right to remain silent until you have spoken to an attorney.
Because an OWI homicide is one of the most serious drunk driving charges you can face, you need to contact a skilled OWI defense lawyer as soon as possible. Even if you are arrested, you still have legal rights. Andrew Mishlove and Lauren Stuckert can help you understand your rights and fight to ensure that they are protected.
This is a tricky area that requires expert legal advice. An expert attorney must review the evidence that you may possess, other government agencies possess, or private parties possess, including surveillance video, phone records, credit card records, etc. The attorney may ask you to make a confidential journal of your memories, but it is important that such a journal be an official attorney-client communication.
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
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.
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.
Here's How Our Attorneys Can Help
Every case is different. Our criminal defense attorneys can examine the facts of your case, explain how the law applies to each component of your case, and help you determine which steps you should take to protect your innocence.
Our attorneys work with renowned accident reconstruction specialists to gather important evidence about your case. In some cases, these investigations unveil that drivers are not responsible for the collision or accident that resulted in death, and we are able to reduce or dismiss the charges against you.
When investigating your case, our attorneys will also examine the breath or blood tests to determine whether any errors occurred. If we are able to show that you were not breaking the law when the accident and homicide occurred, we could be able to dismiss or reduce the criminal charges against you.
Gary Gavin
December 2019
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!
Annette Norstom
September 2019
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.
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
The Circumstances of Your Case Will Determine the Class of Felony You Are Charged With
Most motorists charged with homicide by intoxicated use of a vehicle are charged with Class D felonies. A Class D felony conviction carries a minimum five-year prison sentence unless the court is able to find a compelling reason for a lesser prison sentence.
If convicted, motorists face up to 25 years in prison and up to $100,000 in fines.
If a motorist has one or more prior convictions, driving suspensions, or license revocations, the court will typically classify an OWI homicide charge as a Class C felony. Class C felonies also carry a minimum five-year sentence.
If convicted of a Class C felony, a motorist faces up to 40 years in prison and up to $100,000 in fines.
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:
This offense carries a fine of up to $100,000 and a $365 OWI surcharge.
Motorists face a prison sentence of up to 25 years. If you have a prior offense, you could be facing up to 40 years in prison.
This offense carries a license revocation of at least one year and up to 5 years plus the length of your confinement.
If the blood alcohol concentration is 0.15 or more or if the driver has a prior offense, they must install an IID for one to five years.
If the blood alcohol concentration is 0.15 or more or if the driver has a prior offense, they must participate in a 24/7 sobriety program for one to five years.
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.
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
Why Choose Our Team of OWI/DUI Defense Lawyers?
We are one of America's most respected OWI/DUI law firms, and we have been voted the #1 DUI Law Firm in the state by the Wisconsin Law Journal Reader Rankings.
Our attorneys have more than 40 years of experience in achieving dismissals and reductions in the most serious types of cases, including those involving homicide, drugs, and minor passengers.
Andrew Mishlove authored the book on OWI defense in the state. Additionally, he and Lauren Stuckert have undergone extensive training in forensic science, breath analysis, blood alcohol analysis, and blood drug analysis in order to successfully defend clients.
Andrew Mishlove and Laurent Stuckert are Wisconsin's only true NCDD-American Bar Association-accredited DUI defense specialists.
“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
