OWI is the term used in Wisconsin for drunk driving. Many other states use a similar term, DUI (which is why we use the term OWI/DUI).  OWI stands for "operating while intoxicated." These charges are very common. According to the Wisconsin Department of Transportation, about 30,000 people are arrested for OWI in this state every year.

OWI (or DUI) is one of two types of drunk driving offenses. In some states, it is called the “common-law” offense. In an OWI case, the prosecutor must prove that because of the consumption of alcohol or drugs, you were unable to safely operate the vehicle. OWI does not require proof of a particular alcohol level, although it may be proved by an alcohol level over the legal limit, which is usually .08.

In Wisconsin, there is another type of drunk driving offense, called PAC.  PAC stands for “prohibited alcohol concentration.” In many states, it is called “BAC” or the “per se” charge.  In a PAC case, the prosecutor must prove that you were operating a motor vehicle (on a public roadway) with an alcohol level that was over the legal limit. PAC does not require proof of any impairment.

It is important to know that although the OWI and the PAC are two separate charges, you cannot be punished for both. Even if you are convicted for both, it only counts as one conviction and you can only be punished for one case. We often say that it is really two different ways of accusing you of one thing.

OWI/DUI laws vary from state to state.  In Wisconsin, OWI and PAC may be based on several things:

• Because of the consumption of alcohol, being unable to safely operate the vehicle, even if you are not above the legal alcohol limit (some people may be impaired even though they are below the limit).
• Having a blood alcohol concentration (BAC) level of .08 percent or higher.
• Having a detectable amount of a restricted controlled substance in your blood.  Restricted controlled substances include marijuana (delta-9 THC), cocaine, and heroin.
• Because of the consumption of medication or a combination of medication and alcohol, being unable to safely operate the vehicle.

Mishlove and Stuckert, LLC, is Wisconsin’s leading law firm in OWI/DUI defense. We have the knowledge, skill, and experience to determine whether you were lawfully charged with an OWI/DUI.

Wisconsin second offense OWI/DUI cases carry serious penalties, including jail, driver’s license revocation, mandatory ignition interlock, and fines. It’s easy to feel like the situation is hopeless, especially if there is a breath or blood test over the legal limit. Andrew Mishlove and Lauren Stuckert have helped many second offense OWI/DUI clients. They have won the cases that others thought were hopeless. So, even if you have a tough case involving passengers or injuries, Mishlove and Stuckert, LLC can help you reach the best possible outcome.

Sentencing hearing may take place on the day of conviction, or in some cases on a later date. At a sentencing hearing, the prosecution first makes a recommendation to the judge. If there are any victims such as an accident victim, they will be allowed to speak. Sometimes, there is a government probation agent report called a “presentence investigation.” These are discussed. Sometimes, the defense will have a privately obtained presentence investigation. In some cases, these are very important.

Your defense lawyer has an opportunity to present your side of the story. This is a critical phase of the proceedings. While some attorneys consider this a time to merely list the factors that justify a lenient sentence, at Mishlove and Stuckert, LLC, we consider it the time to present you to the court as a complete person. We talk about your life history, your family, your job, your hobbies, your hopes, and your dreams.  When it's appropriate, we talk about your addiction and your recovery. Judges are always concerned about the future; they want to know why they can trust you, and they are worried that if you do it again, you will hurt someone. By presenting you as a complete person and telling the story of your life, we establish a basis for the court to believe in you.

Your defense lawyer has an opportunity to present your side of the story. 

The next stage is your chance to talk. All persons who are being sentenced have what is called the right of “allocution.” That means that you get to speak directly to the judge. This, too, is a critical phase, and at Mishlove and Stuckert, LLC, we know how to get you prepared for that moment. The final stage of sentencing is when the judge pronounces the sentence. It is important to also be prepared for that. When your lawyer has the skill, experience, and commitment to defend you properly, the sentencing hearing is far more likely to be a step on the path to a better future.

Unlike a civil first offense Wisconsin OWI/DUI,  a second offense is a criminal misdemeanor. A second OWI/DUI is any offense that occurs within 10 years of a previous conviction. For a second offense OWI/DUI in Wisconsin, there are mandatory penalties:

All Wisconsin counties have OWI/DUI SENTENCING GUIDLEINES. These guidelines give the judge a non-binding recommended sentence for every OWI/DUI case, based on a list of factors. These factors are often listed as either aggravated or mitigated, and cases are also often listed as aggravated or mitigated.

The primary factor in all the sentencing guidelines is the alcohol level. Other factors include the level of danger of the driving, the cooperation with the police, the extent of alcohol or substance abuse treatment, and others.

It’s important to remember that the Sentencing Guidelines are not mandatory, and that you are not just a list of factors. You are a person. At Mishlove and Stuckert, LLC we have more than 50 years of experience in presenting you to the court as a person and achieving the best possible results. We win many cases, but not all cases can be won. We are the experts in ensuring the fairest possible sentence.