DUI Police Mistakes in Wisconsin

Getting pulled over can be a stressful experience, especially if you are arrested due to a mistake made by the police.

No one wants a DUI on their record. Let us help you clear your name.

The attorneys at Mishlove and Stuckert, LLC can help you when a police mistake in Wisconsin has led to a wrongful OWI arrest.

Why Do the Mistakes Police Make in DUI Cases Matter?

Mistakes happen. When the police mistakes, however, it can lead to a wrongful OWI/DUI arrest. You should not pay the price for their errors.

From the time an officer observes you to the very last contact the police have with you, there are laws, regulations, and procedures for the way the police handle the case.

When the police make even a small mistake, the consequences can be compounded. Police errors in an OWI/DUI investigation may lead to false field test interpretation or even false blood test results. An error in any of these procedures may also have an impact on the validity of the initial detention, the portable breath test, the arrest, a chemical (blood or breath) test, or any questioning that occurred.

Wisconsin’s Only True Specialists In DUI/OWI Defense

Mishlove and Stuckert, LLC are Wisconsin's only true OWI/DUI defense specialists. We have the highest level of training, skill, and experience in recognizing issues in drunk driving cases and vigorously defending our clients’ rights. No other law firm in Wisconsin is better trained, more experienced, or more successful in drunk driving defense. No law firm is more committed to listening to you, treating you with respect, and telling your story in a way that wins the case.

Call our OWI/DUI defense lawyers for a free consultation at (414) 332-3499. You can also submit an online case evaluation request.

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"I can't express how impressed I was."



Milwaukee, WI


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Andrew Mishlove recently defended my son at his OWI trial. It was Mr. Mishlove's thorough preparation of all materials and ability to present facts in a clear manner that permitted the jury to unanimously vote Not Guilty. Look no further. Well worth the cost! Highly recommend!

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Anthony Dell'Aquila

Milwaukee, WI


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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.  She was a shark when she needed to be while always remaining composed. If you’re searching for an attorney for an OWI case, stop looking. Lauren will fight for you every step of the way and you will get the best possible outcome. I know I certainly did.

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Common Mistakes Police Make  in OWI/DUI Cases

What type of mistakes might the police make in OWI/DUI cases? There is no all-inclusive list, as every case is different; however, we do commonly see instances of police:

  • Stopping a vehicle because they received an anonymous call.
  • Entering a driver's residence. This may violate your 4th Amendment rights.
  • Detaining a driver longer than is reasonable.
  • Stopping a driver without reasonable suspicion.
  • Administering any field test incorrectly.
  • Failing to observe a suspect for 20 minutes prior to the breath test.
  • Failing to record the expiration date on the blood vials.
  • Blocking a vehicle’s exit for no justifiable reason.
  • Misinterpreting the law. If an officer pulls you over because of suspected violations, he has to be right in his interpretation of the law. For example, an officer’s mistaken belief that a plastic window covering was illegal was held to invalidate the stop.

Whether the officer had forgotten to read you your rights, or the blood testing kit had expired, you are entitled to a vigorous defense. If you are facing a Wisconsin OWI or DUI charge, talk to the best. Located right here in the state of Wisconsin, Mishlove and Stuckert, LLC is one of America's most respected OWI/DUI defense firms.

Man receiving breathalyzer test

What Happens If I'm Stopped by Police?

Andrew Mishlove, our OWI defense attorney, describes what to expect if you're pulled over on suspicion of drunk driving in Wisconsin. You will be required to identify yourself with your license, registration, and proof of insurance, but otherwise, you have the right to remain silent and refuse any testing. The very best thing you can do for yourself if you've been pulled over on suspicion is to call the attorneys at Mishlove and Stuckert as soon as possible.

What is Reasonable Suspicion? 

When an officer has an objective basis for suspecting a criminal or traffic offense, that officer has reasonable suspicion to make a traffic stop. Some examples of reasonable suspicion during traffic stops in which an officer may check on a driver's sobriety include:

  • Reckless or erratic driving
  • Driving too slow
  • Speeding
  • Running a red light

Probable Cause

Even if an officer has reasonable suspicion to make a traffic stop, the officer needs a standard of evidence called probable cause. Slurred speech, bloodshot eyes, and the smell of alcohol can all be considered probable causes for administering a field sobriety test.

If there is no evidence of intoxication, however, the tests could be unlawful because there was no probable cause.

If you've been arrested and charged with a DUI OWI, contact one of our Wisconsin offices in Milwaukee, Oshkosh, West Bend, and Waukesha. A successful challenge may mean that the charges are dropped.

DUI OWI defense specialists can challenge your arrest if the officer lacked reasonable suspicion to pull you over or probable cause to make the arrest.

Choose Mishlove and Stuckert, LLC
If You've Been Arrested for Drunk Driving

Our DUI specialists know there's a lot at stake for you when you're charged with drunk driving. That's why you need experienced lawyers who make communication a priority and will build a solid defense for you. When you choose Mishlove and Stuckert, you get a firm that features:

Free Consultations

Our DUI attorneys offer free, no-obligation consultations to those who are seeking legal representation for their drunk driving cases. We will review your case during the consultation and honestly assess if an effective defense strategy exists. 

Focus on DUI

If you're charged with drunk driving after an arrest in Wisconsin, you'll need attorneys who are experienced in representing DUI OWI cases. Our lawyers exclusively focus on DUI cases. We can review the field sobriety tests administered to you and whether the police had reasonable suspicion to conduct a traffic stop. 

We Wrote the Book on DUI Defense

Andrew Mishlove co-authored Wisconsin OWI Defense: The Law and Practice. The book is widely acclaimed as the most useful resource for defending OWI/DUI cases in Wisconsin.

Lawyers Who Teach Lawyers

Andrew Mishlove and Lauren Stuckert are both faculty members of the National College for DUI Defense. Mishlove is also the developer and course director of the Serious Science: Blood Analysis and Trial Advocacy courses at the University of Texas - Arlington. These are the nation's most advanced courses in forensic science and trial advocacy. 

Our criminal defense firm is ready to receive calls 24 hours a day, seven days a week. We have offices all over Wisconsin, including Milwaukee, Oshkosh, West Bend, and Waukesha. Call us at:

(414) 332-3499

"Their guidance was exceptional."


Zach Lieven


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Sara was very kind and helpful on the phone. She then scheduled a zoom call with Andrew. When Andrew called he was very caring and enjoyable to talk to. He asked many things about me and took the time to get to know me. We then discussed how he could help, and he gave me no nonsense straight forward answers. In the end everything they told me was honest, and the outcomes happened as they predicted and coached me on. Their guidance through my issue was exceptional. 

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Their guidance through my issue was exceptional.  These people are class acts.  While I don't intend to have myself in a pickle again that would require their service, I would highly recommend them and their fee to help.  This team is the best, thank you!!

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Andrew Mishlove and Lauren Stuckert

Mishlove and Stuckert, LLC Attorneys at Law

Mishlove & Stuckert, LLC Attorneys at Law has been rated the #1 OWI/DUI law firm in the state by Wisconsin Law Journal Reader Rankings. Our OWI/DUI specialists have been highly rated by organizations including: 

  • Avvo™
  • Super Lawyers
  • Martindale-Hubbell 
  • Better Business Bureau 

To speak with one of our board-certified OWI/DUI defense specialists, request a consultation online or call us at (414) 332-3499.

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"Mr. Mishlove was worth every penny and then some. I would consider him the Michelangelo of the DUI defense world.
He is professional, dedicated, and pours his heart into his job. I would give him 10 stars if I could."
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