DUI POLICE MISTAKES 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 good name.
The attorneys at Mishlove and Stuckert, LLC, can help you when a police mistake in Wisconsin has lead to a wrongful OWI arrest.
Mistakes Police Make in DUI Cases
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.
Mistakes the Police May 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. These, however, are the types of things that we see:
- 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 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.
- Mistaken understanding of 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.
Wisconsin’s Only True OWI/DUI Defense Specialists
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.
"An Absolute Life Changer"
Daina Castillo
2021
I had the pleasure of speaking with Sara for guidance and information and out of all consultations, I have to say that hers was not just the most informative one, but also the most honest and detailed one I received. She spoke to me with compassion rather than with judgement and answered and provided me with information to all the questions I had without feeling rushed. I highly recommend her and this firm to be your go-to firm with any case that you may have.
View on GoogleDaniel Benson
2020
We were reluctant to hire Mr Mishlove due to his high fee, however, looking back, it was one of the best decisions we have made. 1st OWI reduced to reckless driving. An absolute life changer and we are so deeply grateful for the expertise and knowledge that this law firm has provided. We were kept informed of the proceedings as they were happening and our questions were answered promptly, even after hours. I cannot put into words how much Andrew Mishlove has helped us through the impossible.
View on GoogleWhat a DUI OWI Attorney Can Do For You
If a police officer arrests you for drunk driving, a DUI OWI attorney can review your case to see if the officer had probable cause to make a traffic stop. Attorneys Andrew Mishlove and Lauren Stuckert can investigate numerous aspects of your arrest, like if the field sobriety test and blood test were administered properly. If there is evidence of your sobriety and that the arresting police officer made mistakes, we will use this evidence to build a strong defense on your behalf.
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.
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.
DUI Focus
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
"I Highly Recommend Mishlove And Stuckert!"
Zach Lieven
2022
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.
View on GoogleGuy Grenfell
2020
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!
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