If you were recently arrested for OWI for the third time, you face significant penalties, including heavy fines and mandatory jail time.
The DUI defense attorneys at Mishlove & Stuckert, Attorneys at Law, have defended clients charged with drunk driving for over 40 years.
We are the only board-certified DUI specialists in the state of Wisconsin. If you are dealing with a third offense OWI, we can help you...
I hired Lauren Stuckert in early 2018 for a case that ultimately dragged on for five years due to a variety of factors including Covid. Lauren was reassuring and professional every step of the way. It was clear that she placed a high priority on getting my case resolved. When my case was finally called to trial, I can’t express how impressed I was. Without going into details, she knew when to ask what questions and when to raise what issues. She was a shark when she needed to be while always remaining composed... Lauren will fight for you every step of the way and you will get the best possible outcome. I know I certainly did.View on Google
I had the unfortunate experience of having to go through my first DUI. After explaining my case to Andrew he came up with a great game plan for my case. He ended up getting my breathalyzer results dropped due to the officers not following proper procedures. It was very impressive how he turned the case around on the prosecutor and won over the judge! This was a huge win for me due to having to drive other peoples cars for a living. I highly recommend Mishlove & Stuckert!View on Google
The Basics of Third Offenses
If you are arrested for OWI and have two prior alcohol-related driving convictions on your record, then you will be charged with a third offense OWI.
Wisconsin made a number of changes to its OWI laws in July 2010; adjustments to third offense OWI cases were the prime target of that legislation. Not only was the minimum jail sentence raised, but all third offense-and-higher convictions require you to start serving your jail sentence immediately following the sentencing hearing.
Third Offenses Explained By Attorney Lauren Stuckert
The Penalties for Third Offenses
You face a minimum 45-day jail sentence and a maximum one-year jail sentence.
License Revocation and Penalty upon Conviction
You are subject to a minimum 24-month and maximum 36-month driver’s license revocation. That revocation will be extended by the number of days in jail to which you are sentenced. If convicted, you will have to wait 45 days before obtaining your occupational license. If you are convicted of a Refusal as well, that waiting period will be longer.
Ignition Interlock Device (IID) Penalty
You face a minimum 12-month and maximum 36-month Ignition Interlock Device (IID) order if convicted of a third offense for OWI.
OWI Assessment Requirement
If convicted, you will be required to complete the Alcohol and Other Drug Assessment at the appropriate and recommended alcohol or drug counseling facility.
At the third-offense level, fines begin to increase based on a person’s blood alcohol concentration level. Normally, the offense is subject to a minimum fine of $600 and maximum fine of $2,000, plus various court costs. If your BAC was .17 or higher, those numbers are doubled ($1,200-4,000). If your BAC was between .20 and .249, the minimum and maximum fines are tripled ($1,800-6,000). If your BAC was .25 or higher, those amounts are quadrupled ($2,400-8,000).
With Minors in the Vehicle
If you have a minor passenger under the age of 16 in the vehicle at the time of the incident, the penalties can be doubled and you will be charged with a felony.
Why You Should Contact Our OWI Lawyers
The consequences of a third drunk driving offense are daunting. However, even if you believe the evidence is stacked against you, a legal defense strategy may exist. If you are facing the prospect of jail time, a license revocation, and significant fines because of a third OWI offense, we encourage you to contact the board-certified specialists at Mishlove & Stuckert, Attorneys at Law, today.
Our lawyers, Andrew Mishlove and Lauren Stuckert, have achieved the highest possible professional recognitions in the field of DUI defense. Mr. Mishlove has a seat on the governing Board of Regents of the National College for DUI Defense, the national organization that certifies drunk driving defense specialists. He is also the co-author of the only attorney's manual for OWI defense in Wisconsin. Meanwhile, Ms. Stuckert has extensive training in the science behind blood and breath tests for alcohol concentration levels, and she is the attorney other lawyers go to with questions about these highly technical processes.
Mishlove & Stuckert Can Fight for You Call Today for a Free Consultation
Our OWI defense law firm is happy to provide initial consultations totally free of charge and obligation. If you have previous OWI convictions and are dealing with new charges, there's no reason not to give us a call to learn about how we can potentially help you achieve reduced or even dropped charges. We handle cases from every county in Wisconsin, and we have offices located in:
Professional & 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
Success Stories Cases Involving Previous OWI Convictions
State of Wisconsin v. Ronald (last name withheld)
OWI 3rd offense, Kenosha County. After Ronald was arrested and charged with what would have been his third OWI offense, he retained the legal services of Mishlove & Stuckert, Attorneys at Law. Attorney Mishlove demanded all the case's video evidence be turned over, but somehow only the video from the squad car was available. Upon reviewing the video, it was obvious that the police report and the video did not match. There was no video evidence of bad driving, which the officer had claimed in the report was the reason for the stop. Our attorneys challenged the lawfulness of the stop, and eventually the court agreed that the stop was unlawful. The case was dismissed.
State of Wisconsin v. Joe (last name withheld)
OWI 3rd offense, Walworth County. Joe was facing all of the penalties associated with third offense drunk driving, including a year of jail time and a lengthy period of license revocation. While reviewing his previous offenses, our lawyers discovered that the conviction for his second offense was defective because Joe did not have a lawyer, did not understand his rights, and was not properly explained his rights. Our DUI attorneys won the issue, and then won again when the case was appealed by the state. Joe's case was dismissed and re-issued as a first offense charge, which carries with it much less severe penalties.
State of Wisconsin v. Rodney (last name withheld)
OWI 3rd offense. Rodney was charged with third offense drunk driving because of an alleged first offense in 1991 and an alleged second offense in 1999. During our attorneys' standard review of previous convictions, they discovered that, although Wisconsin DOT records indicated a second offense conviction in another state, the other state's records indicated that the case was dismissed. We were able to have the allegation from 1999 dropped. Now that the new charges were considered a second offense, the first offense from 1991 was too old to bear on this case (although third offenses involve a lifetime lookback, there is only a 10 year lookback for second offenses). Therefore, the charge was reduced to a non-criminal first offense DUI, and Rodney was able to avoid jail.
Our next success story could be yours! Even if you don't see a way out of your OWI charge, our renowned legal team can review your case and look for viable defense strategies. Initial consultations are totally free and carry no obligation. Schedule your free consultation today by filling out our online form or calling (414) 332-3499.
Potential Defense Strategies
Probable Cause and Lawfulness of the Stop
For a police officer to pull you over in Wisconsin, first and foremost, they need to have probable cause. If a court finds that a traffic stop was unlawful, any charge resulting from that stop may be thrown out. We have had multiple OWI charges reduced or dropped completely after arguing that a traffic stop was unlawful.
The Validity of Blood/Breath Tests
Very few people understand the chemistry that contributes to blood and breath tests for alcohol concentration, even in the criminal justice system. Attorney Lauren Stuckert has advanced training in this science and has successfully had cases dismissed after disputing the validity of test results.
Whether Past Convictions Are Valid
It is possible to have past convictions, even several years old, overturned if we can prove that those cases were improperly handled. Examples of defective cases can include cases in which the defendant did not have a lawyer. Disputing past convictions can lead to third OWI charges being reduced to second or first offenses.
Breath Tests Are Notoriously Unreliable
Defense attorney Andrew Mishlove is one of the foremost DUI defense lawyers in the entire United States. He has been defending clients charged with OWI offenses in the state of Wisconsin for almost four decades, and he is not only a board-certified DUI specialist, but he has a seat on the board itself. His advanced familiarity with OWI law helps him provide effective advice and representation to people facing the consequences of a repeat offense.
Attorney Lauren Stuckert is also certified as a DUI specialist by the National College for DUI Defense, the only organization accredited by the American Bar Association to make such a certification. She was the first Wisconsin attorney to earn a certificate in Forensic Chromatography from the American Chemical Society, and she uses her advanced understanding of blood tests to help clients achieve reduced or dropped charges.
"Mishlove & Stuckert are true experts in the field. They are committed to their clients beyond the courtroom, ensuring a smooth process during a difficult time for anyone involved in a case. The kinship between the lawyers is palpable, not to mention a warm and engaging staff. I highly recommend!" Sandy Reitman - 5-Star Google Review - December 2019
The penalties associated with your OWI offense will double if a minor under the age of 16 or a pregnant woman is in the vehicle with you at the time of your arrest.
OWI charges are not only the result of drunk driving, and a charge of driving while under the influence of marijuana or other substances will still count as a repeat offense if your previous offenses involved alcohol or some other intoxicant.
Learn more about the penalties involved with different levels of OWI convictions. Consequences include fines, license revocation, and mandatory installation of an ignition interlock device (IID).
Attorneys Andrew Mishlove and Lauren Stuckert have won so many cases over the years that we have developed a list of "Seven Key Factors to Help You Win a DUI Case."
"We defend our clients."
Aggressive Defense Just a Phone Call Away
If you are facing charges for a third OWI offense, don't go down without a fight. At Mishlove & Stuckert, Attorneys at Law, every case gets thorough attention from some of the country's most respected DUI defense attorneys.
The stakes are too high in cases like this to not have the best legal representation at your side. Third-time offenders face serious consequences like:
- Mandatory jail time
- Significant fines
- A lengthy period of license revocation
To give yourself a fighting chance, we invite you to schedule a free consultation with our defense attorneys today. Please schedule a consultation by filling out our online form or calling:
"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." The Sessions Law Firm, LLC - 5-Star Google Review - 2016
What Does Legal Representation Cost?
We discuss our fees at the end of every free consultation. Pricing will vary from case to case based on a variety of factors, and we believe that all of our fees are reasonable for the level of service we provide. We charge a flat rate for all of our cases, and we never trick our clients with hidden fees. To learn more about what representation will cost for your specific case, schedule a consultation today.
Is My Case Hopeless?