In Wisconsin, charges of OWI - Causing Injury while OWI can result in serious consequences affecting virtually every aspect of your life. In a case of even a minor injury, there is the possibility of substantial mandatory jail time. In a case of a serious injury, a prison sentence is possible.
The board-certified DUI defense specialists at Mishlove & Stuckert, LLC Attorneys at Law have a track record of successfully defending clients facing these charges in Wisconsin.
But how can a lawyer help me?
The Benefits of Legal Representation IN AN OWI DUI INJURY CASE
Effective Courtroom Representation
Every word spoken by you and your lawyer, the prosecutor, and witnesses is critical. Attorneys Andrew Mishlove and Lauren Stuckert can ensure that your story is presented accurately while providing an aggressive and compelling defense before a judge or jury.
Expertly Telling Your Side of the Story
The government has a simple story that they will emphasize, that you were impaired by alcohol or drugs and that you hurt somebody. That may or may not actually be true. In every case, however, there is more to the story. The most skilled lawyers are experts in listening to you and in telling your side of the story. Attorneys Andrew Mishlove and Lauren Stuckert can ensure that your story is presented powerfully and persuasively, while providing an aggressive and compelling defense before a judge or jury.
Protection of Your Rights
The United States Constitution and the Wisconsin Constitution guarantee that every citizen has certain rights, including the right to know the exact accusation, the right to obtain ALL of the evidence, the right to remain silent, the right to speak, the right to an effective lawyer, the right to be presumed innocent, the right to have the case decided by a jury, the right to call witness, and the right to confront the government’s witnesses. The right to be treated to be treated fairly is called DUE PROCESS OF LAW. However, after someone is injured in an auto accident, the police and other parties may play upon feelings of guilt and fear to manipulate you into giving up your rights. It’s important to get an expert lawyer involved at the earliest stage to make sure that critical evidence is preserved, and to ensure that your rights are protected.
Thorough Evidence Review
In a drunk or drugged driving case, and especially one involving injuries, every detail of the accident is significant. Our attorneys will review every aspect of the accident, including the cause of the crash, the administration of field sobriety tests, the way that blood or breath evidence was obtained, the handling of evidence by the police, and all of the details of the crime laboratory work, to gather support for reduced or dropped charges.
"Knowledge and Expertise"
Because of the knowledge and expertise of Mr. Mishlove, my felony 5th D.U.I. was reduced to a misdemeanor 4th. In addition, he argued for the minimum sentence for a 4th offense and we won. I had a few factors working to my benefit in the case, but without Mr. Mishlove the outcome would not have been possible. - Steven
The Basics of OWI DUI Injury Charges
In Wisconsin there are two levels of drunk or drugged driving injury charges.
Under Wisconsin Statute 346.63(2)(a), if a person is involved in an auto accident that causes a relatively minor injury to another party, and he is suspected of being intoxicated or otherwise impaired by alcohol, marijuana, or another substance (including prescription drugs), or if he has even a detectable amount of a restricted controlled substance such as marijuana in his blood he can be charged with misdemeanor OWI - Causing Injury. This is a serious charge that has minimum mandatory penalties such as jail and driver’s license revocation.
Under Wisconsin Statute 940.25(1) in the event of an permanent, disfiguring or debilitating injury he can be charged with felony Causing Great Bodily Harm by OWI. This is an extremely serious charge that carries a possible prison sentence, even as a first offense.
What Are the Penalties?
For a first offense, misdemeanor OWI DUI - Causing Injury charge, the penalties include:
- A driver’s license revocation.
- 30 days to one year in jail.
- A $2000.00 fine plus substantial court costs.
For a first offense, felony OWI DUI – Causing Great Bodily Harm, the penalties include:
- A driver's license revocation.
- A sentence of up to 12.5 years.
- Fines of up to $25,000 as well as a $365 surcharge for the OWI charges.
- Mandatory installation of an Ignition Interlock Device (IID).
- An occupational license reinstatement waiting period of 120 days.
- A lifetime CDL disqualification for offenses committed while operating a commercial vehicle.
Penalties increase if a pregnant woman or minor under the age of 16 was in the vehicle when the offense was committed.
For second or subsequent offenses the penalties are far more severe!
Wisconsin's Only Board-Certified DUI Defense Specialists Call Today for a Free Consultation
Why Choose Us?
Quite simply, Mishlove and Stuckert, LLC is nationally recognized as the very best law firm in Wisconsin in the field of defending accusations of impaired driving. We have the most experience, the greatest track record of success, the highest ratings by AVVO, Martindale-Hubbell, and other rating agencies, the best credentials. Our attorneys are nationally sought-after speakers and teachers on the subject of defending OWI-related cases in Wisconsin. Andrew Mishlove literally “wrote the book” that other attorneys use as the must-have text in how to defend these types of cases.
Our attorneys hold the distinction of being the only true OWI DUI defense specialists in Wisconsin. Under Wisconsin law, only an attorney who is board certified by a board accredited by the American Bar Association can legally use the term “specialist.” This is the highest credential in the field, and in Wisconsin, it is held only by Andrew Mishlove and Lauren Stuckert. The American Bar Association has accredited only the National College for DUI Defense, and Andrew Mishlove is actually on the Board of Directors of that College.
At our law firm, we don't see our clients as drunk drivers. We see them as people who are in difficult situations and need help.
We handle cases from every county in the state, and we have office locations in Milwaukee, Oshkosh, West Bend, and Waukesha.
"Wealth of Knowledge"
"Extremely talented experts in defending those who are charged with crimes. The wealth of knowledge and expertise they bring in helping defendants is second to none!" Frank Lettenberger - 5-Star Google Review - March 2019
Potential Defense Strategies
When you hire Mishlove & Stuckert, LLC Attorneys at Law to provide defense in an OWI-related injury case, our attorneys will conduct a thorough interview with you. They will also review your case to collect every possible piece of information related to your charges. After collecting this information, they will determine the best defense strategy for your unique situation.
Below are some defense strategies that have resulted in favorable outcomes for some of our cases in the past. There is no guarantee that one of these will apply to your case, but they demonstrate that there are viable methods of fighting OWI-related personal injury charges. Of course, if none of these seem to apply to your situation, other effective strategies may still exist.
Disputing the At-Fault Party
The basis of charging you with OWI DUI - Causing Injury is that you are the cause of the accident. Drivers who appear to be intoxicated are often assumed to be the at-fault party in a crash, even if they are not. It may be that the accident was entirely the fault of someone else. If it can be proven that someone else was responsible for the accident, then you may face much less severe consequences. Our attorneys carefully investigate the accident, and often consult with engineer to look at skidmarks, crash damage, vehicle data recorders, witness statements, and other forms of evidence to dispute the cause of the accident.
Disputing an Injury
After an accident, there are multiple incentives for people to stretch the truth or lie outright about an injury, including extended paid work leave and increased payouts from insurance companies. This is especially true if a person involved in an accident notices that the other party may be intoxicated, as the law is very harsh towards drunk drivers. In cases involving personal injury, our attorneys can review medical evidence to determine if the claims of injury are credible.
Arguing that Test Results Are Invalid
Charges of drunk driving often rest on sobriety tests. In Wisconsin, if a breath or blood test reveals a Blood/Breath Alcohol Concentration (BAC) of 0.08 or greater, you can be charged with operating while intoxicated (if you are a repeat offender, the threshold is lower). However, these tests are not fully reliable and can often be disputed, especially if they are administered incorrectly by police. Andrew Mishlove and Lauren Stuckert are Wisconsin’s experts, who have successfully had BAC tests declared invalid or inaccurate.
Arguing that Evidence Was Mishandled
The chain of evidence is crucial in an OWI DUI – Causing Injury case. Rules exist concerning the handling of evidence to protect citizens from being wrongfully convicted because of unreliable evidence. When you hire Mishlove & Stuckert, LLC, they will conduct a rigorous review of the handling of every piece of evidence to ensure that your rights were not violated. If evidence is found to be mishandled.
Disputing the Cause of Impairment
There are other substances that can cause impairment than alcohol. State law recognizes that fact, and the penalties for driving under the influence of marijuana, prescription drugs, or other substances are usually just as harsh as those involving alcohol. However, it can be possible that a driver becomes impaired through no fault of their own. For example, they may have been prescribed the wrong medication, given a different drug by mistake, or prescribed the wrong dose. If you are not sure how you became impaired, an investigation could lead to drunk driving charges or other charges being dropped.
Reviewing DUI and OWI Offenses
In Wisconsin, drunk driving penalties are more severe for repeat offenders. If you have already been convicted as a drunk driver, our attorneys will review your previous cases to investigate whether any aspect of your conviction was defective. If factors such as the lack of proper legal representation or an incomplete knowledge of your rights at the time of trial affected previous cases, then it is possible to have previous convictions overturned, thereby reducing your number of offenses and potentially reducing the penalties you face in your pending OWI case.
"You deserve the best representation possible.”
"I was referred to Atty Mishlove by a friend who is an attorney in another state. His words were “why not go with the best?” “you deserve the best representation possible.” - Cynthia
Our initial consultations are totally free of charge and carry no obligation. If someone is claiming you injured them while driving under the influence, you should enlist legal aid as soon as possible. Schedule a free consultation with us today by booking online or by calling (414) 332-3499.
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Success Story State of Wisconsin v. John (Last Name Withheld) (County Withheld)
John admitted to being under the influence when he was involved in a collision with a Sheriff's Department squad car. The driver of the squad car was seen and immediately released at a hospital. Despite the quick hospital release, the driver of the squad car claimed that he was seriously injured and stayed on paid leave from his work for a number of months. Our lawyer, Andrew Mishlove, fought for our client by repeatedly demanding the other driver's medical records to prove he was truly injured. After a months-long legal battle, Mr. Mishlove finally was able to see the medical records and successfully argue that the medical report did not support the claim of serious injury. The charge of causing an injury was dropped, and our client ultimately only faced a non-criminal first offense OWI charge.
Defense attorney Andrew Mishlove has nearly 40 years of experience defending clients charged with drunk driving-related charges in Wisconsin. He is a nationally recognized authority on DUI defense, with a seat on the governing Board of Regents of the National College for DUI Defense. Only 14 lawyers in the United States hold this distinction. Additionally, Mr. Mishlove is the co-author of Wisconsin OWI Defense, the definitive guide to defending these cases in the state.
When it comes to defending clients accused of causing injuries by impaired or drunk driving, Mr. Mishlove brings all of his knowledge to the table to ensure that his clients are treated fairly under the law. He is specially trained in the science behind blood, breath, and urine tests, and he educates other lawyers from around the country on these methods.
Defense attorney Lauren Stuckert is exclusively focused on impaired and drunk driving cases. In 2016, she became Wisconsin's second-ever board-certified DUI specialist (following in the footsteps of her colleague Andrew Mishlove).
She has undergone a significant amount of advanced training in the science of blood and breath tests for alcohol and drug levels. She was the first attorney in the state to earn a certificate in Forensic Chromatography Blood Alcohol Analysis from the American Chemical Society at Axion Laboratories in Chicago, and she has completed the society's Forensic Solid Drug Analysis course. She has used this advanced understanding of sobriety tests to build an impressive track record of successfully disputing blood and breath test results.
Non-Judgmental, Professional Representation
If you are facing OWI-related personal injury charges, we encourage you to schedule a free case evaluation with our office as soon as possible. We handle cases in every corner of Wisconsin, with offices in Waukesha, Oshkosh, Milwaukee, and West Bend. You can schedule a consultation today by contacting us online or by calling
Attorneys Who Understand
If you were involved in an auto accident, and you are accused of being a drunk driver, it can seem like your life is falling apart. Your mind is probably filled with dozens of questions about drunk driving laws, penalties, liability, insurance companies, jail time, and more. On top of all of those concerns are potential feelings of guilt, shame, anger, and frustration.
We see our clients as people with rights that need to be protected, including the right to legal representation.
At Mishlove & Stuckert, LLC Attorneys at Law, our attorneys and their team understand the emotional element of these cases, because we work with clients like you every day. At our firm, we don't pass judgment on our clients or see them as irresponsible drunk drivers. We see our clients as people with rights that need to be protected, including the right to legal representation.
Our Seven Key Factors
"Professional and Tenacious"
"Andrew and his team are extremely professional and tenacious people who will fight for you when needed. I believe in their integrity and thank them for everything they have done for me." - Jennifer Biewer - 5-Star Google Review - 2018
Wisconsin has a zero-tolerance stance regarding driving under the influence of marijuana. Our lawyers are capable of successfully challenging laboratory results.
Fines, jail time, and other consequences increase in an OWI-related injury case if minors under the age of 16 are in the vehicle.
Our lawyers can handle the most serious of drunk driving offenses. If you were involved in an accident that caused someone's death, you need attorneys with advanced knowledge regarding these cases.
Arrests for OWI are often the result of mistakes made by law enforcement. Thoroughly reviewing your interactions with the police could bring to light details that result in reduced or completely dropped charges.
Time Is of the Essence Call Today
Don't wait. Help is available today from Wisconsin's only board-certified DUI specialists, Mishlove & Stuckert, LLC Attorneys at Law. Our attorneys are always ready to take on new clients and provide aggressive defense.
Our lawyers can help you stay out of jail, keep your license, stop the insurance company from raising your rates, and protect your freedom and livelihood. Schedule a free consultation today by filling out an online form or by calling
I had the privilege of working with andrew mishlove and his group. I could not be happier with the results and the amount of extra work they did to make sure I understood everything that was happening during the process. I would recommend them to anyone who has made a mistake that results in needing legal representation.
Andrew and Lauren are exceptional people and lawyers. Without exception, when I am asked who to call regarding a Wisconsin DWI/DUI, I refer other lawyers and clients to Mishlove and Stuckert.
What Does Representation Cost?
When it comes to hiring a lawyer for defending an OWI-related injury case, you get what you pay for. If you go for the cheapest lawyer you can find, you'll likely get subpar representation, and you probably won't get that lawyer's undivided attention.
The stakes are too high to trust your representation to anyone less than a specialist in a case like this. At our law firm, we provide:
- Representation by authorities in OWI law for a reasonable flat rate.
- Free consultations.
- Straightforward explanations in plain English of the cost of representation.
- No hidden fees.
To find out what representation for your case will cost, schedule a consultation today.