Traffic Stop Attorney


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.

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WEBVTT 00:00:07.500 --> 00:00:09.914 Hi, I'm Andrew Mishlove from Mishlove & Stuckert. 00:00:09.915 --> 00:00:13.871 We are Wisconsin's only true specialists in drunk and driving defense. 00:00:14.814 --> 00:00:16.099 People call and often ask, 00:00:16.100 --> 00:00:18.114 "What should I do if I'm stopped by the police, 00:00:18.115 --> 00:00:20.957 and they want to do a drunk driving investigation?" 00:00:21.614 --> 00:00:23.157 I can give you some information about that. 00:00:23.158 --> 00:00:24.957 I can't give you legal advice. 00:00:25.271 --> 00:00:26.514 Here's the information. 00:00:26.943 --> 00:00:28.113 If you are stopped by the police, 00:00:28.114 --> 00:00:30.900 you're obviously required to identify yourself. 00:00:31.360 --> 00:00:35.240 You have to present a driver's license, proof of insurance, registration, 00:00:35.241 --> 00:00:39.114 and you need to do those things and be cooperative. 00:00:39.629 --> 00:00:41.680 The police officer will ask you questions. 00:00:41.681 --> 00:00:43.557 "Where are you coming from? Where are you going to? 00:00:43.558 --> 00:00:45.989 Have you been drinking? How much have you had to drink?" 00:00:45.990 --> 00:00:50.299 They often will deliberately ask confusing questions. 00:00:50.300 --> 00:00:52.600 These are called divided attention tests. 00:00:54.086 --> 00:00:56.914 You can answer those, but you are not required to. 00:00:56.915 --> 00:00:58.920 Everyone has the right to remain silent, 00:00:58.920 --> 00:01:01.585 and nobody has to answer a police officer's questions 00:01:01.586 --> 00:01:04.873 about where they're coming from, where they're going to, and so on. 00:01:04.874 --> 00:01:06.229 You should know, however, 00:01:06.543 --> 00:01:08.885 that if you refuse to answer those questions, 00:01:08.886 --> 00:01:12.920 the officer can certainly consider that in deciding what to do. 00:01:12.921 --> 00:01:15.029 You may be asked to get out of the car. 00:01:15.030 --> 00:01:17.437 Don't argue about that. Just get out of the car. 00:01:17.543 --> 00:01:19.480 You may be asked to participate 00:01:19.481 --> 00:01:22.543 in what the officers call field sobriety testing. 00:01:23.400 --> 00:01:26.600 That is something that's voluntary. You don't have to do that. 00:01:26.601 --> 00:01:28.357 But you should know that if you don't do that, 00:01:28.358 --> 00:01:30.957 the police will consider that as evidence of guilt. 00:01:31.786 --> 00:01:34.128 The same is true of that handheld breath test 00:01:34.129 --> 00:01:36.100 that they will give you on the roadside. 00:01:36.943 --> 00:01:38.014 If you are arrested, 00:01:38.015 --> 00:01:40.528 again, you are not required to make any statements. 00:01:40.529 --> 00:01:43.513 At that point, you definitely should not make any statements. 00:01:43.514 --> 00:01:46.886 You will be asked to submit to either a breath or a blood test. 00:01:47.386 --> 00:01:52.814 Again, those are semi-voluntary. You are not required to do those. 00:01:52.815 --> 00:01:56.543 You have a constitutional right to decline to do those. 00:01:56.829 --> 00:02:00.057 But I should tell you this, if you do refuse to do those, 00:02:00.671 --> 00:02:04.114 you will be charged with the offense of refusal to submit to tests. 00:02:04.314 --> 00:02:07.843 That's a traffic offense that carries a driver's license revocation, 00:02:08.271 --> 00:02:12.729 and in most cases, the officer will simply get a warrant and take your blood anyway. 00:02:14.543 --> 00:02:16.729 Again, that's information you need to know. 00:02:16.730 --> 00:02:18.457 I can't give you legal advice. 00:02:19.714 --> 00:02:22.714 But if you do need legal advice, and if you need legal help, 00:02:22.715 --> 00:02:24.200 call Mishlove & Stuckert. 00:02:24.614 --> 00:02:27.240 We are Wisconsin's only true specialists.

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."
Ronald S.

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