Driving Under the Influence
in Wisconsin

Wisconsin DUI

Being found guilty of driving while impaired due to alcohol or drugs can involve a range of consequences, such as steep fines and jail time.

In Wisconsin, impairment can be defined as having a prohibited blood alcohol concentration or any detectable amount of a restricted controlled substance in your system.

Learn more about what it means to be found guilty of DUI in Wisconsin, and how the team at Mishlove and Stuckert can help those who face these charges.

What Qualifies as Operating While Intoxicated (OWI)?

In Wisconsin, it is illegal for a driver to operate a motor vehicle while impaired by an intoxicant. When this occurs, it's called "operating while intoxicated," or "OWI." However, the definition of impairment varies depending on what's consumed by the driver.


Driving under the influence of an intoxicant can result in an operating while intoxicated charge. A driver is considered alcohol-impaired if their blood alcohol concentration (BAC) is 0.08% or higher. In addition, it is illegal to drive with a prohibited alcohol concentration which is why many people get two separate drunk-driving charges.

Wisconsin law takes your BAC into consideration if you have been charged with operating a motor vehicle under the influence. For example, if you are convicted of driving with a BAC of 0.15% or higher as a first offense, the use of an ignition interlock device (IID) becomes mandatory. Also, all Wisconsin counties are members of a judicial district that has OWI sentencing guidelines. The main factor in the OWI sentencing guidelines for any offense is the alcohol level.


Wisconsin has a zero-tolerance stance against driving under the influence of restricted controlled substances, which includes all illicit drugs. While neighboring states such as Michigan and Illinois have decriminalized the recreational use of marijuana, there is close to zero tolerance for certain controlled substances in Wisconsin. “Any detectable amount” of delta-9 THC in your system can result in a charge of DWI.

The phrase “any detectable amount” is defined as one nanogram per milliliter of blood, which is no more than a trace amount. Mishlove and Stuckert has had amazing success defending “trace amount” accusations.

If controlled substances such as prescription medications and over-the-counter drugs such as cough medicines impair your ability to operate your vehicle, you may also face a charge of OWI or DUI/DWI.

Penalties for DUI

The majority of people arrested for drunk driving in Wisconsin are facing their first offense. Many first-time offenders do not go on to receive a second offense, but those who do face stiff penalties including increased fines, license revocation, and the mandatory use of an ignition interlock device, among others.

In Wisconsin, a fourth-offense DUI/OWI charge is a felony. In addition to a potential prison sentence, a fourth offense charge carries a mandatory lifetime license revocation, with no occupational permit for at least 10 years. Additionally, the blood alcohol content threshold is reduced to 0.02% for someone with three or more OWI charges, making it easier to face these consequences.

Are You Facing a Drunk Driving Charge? Reach Out Today

If you have been charged with impaired driving, hiring an attorney who understands the intricacies of our state's driving under the influence laws can save you from hefty fines, the installation of an ignition interlock device, possible jail time, and license revocation.

Considering how an OWI conviction will affect your employment, your freedom, and your finances, you should consider hiring a qualified DUI attorney. Mishlove and Stuckert, Attorneys at Law are Wisconsin's only board-certified OWI defense specialists. They have helped clients keep their licenses and avoid convictions since 1981. With law offices in Milwaukee, Waukesha, West Bend, and Oshkosh, meeting with our team is convenient.

To find out more about how our DUI attorneys can help you, request a free consultation by contacting us online or by calling us at:

(414) 332-3499

"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!" Karen

"One of the best OWI defense lawyers
in the entire country."


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. 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. 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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Ries Hansen

Milwaukee, WI


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I owe a great debt of thanks to Andrew Mishlove. He successfully defended me in an OWI case that endured for more than 6 ½ years in the Wisconsin judicial system, including a detour through the Wisconsin State Supreme Court system, and ultimately led to a showdown in an Ozaukee County criminal court resulting in a not-guilty verdict returned by a 12-member jury in February 2023. I think my experience qualifies me to personally attest to Andrew Mishlove’s reputation as a brilliant trial attorney and one of the best OWI defense lawyers in the entire country.

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Authorities in DUI and OWI Law

Andrew Mishlove and Lauren Stuckert are two of fewer than 70 attorneys in the nation who are board-certified DUI defense lawyers. Their extensive training can help you achieve the best outcome in your case. Trust your case to authorities in DUI and OWI law.

Meet Our Board-Certified OWI Defense Attorneys

Since 1981, Andrew Mishlove has helped those in Wisconsin facing OWI charges. Respected by his peers in both Wisconsin and throughout the United States, Mr. Mishlove and his partner, Lauren Stuckert, are Wisconsin's only board-certified drunk driving defense specialists. Since opening his practice, Andrew Mishlove has become one of the nation's preeminent experts in the field of DUI defense.

Mr. Mishlove has trained in the science of blood, breath, and urine testing evidence at the National College for DUI Defense. DUI attorney Andrew Mishlove has even taught other lawyers across the nation in this intricately detailed and highly specialized field of law. In 2014, Mr. Mishlove and James Nesci published the Wisconsin attorney's manual for OWI defense, Wisconsin OWI Defense: The Law & Practice. In May 2020, Mr. Mishlove and James Nesci published the second edition of this must-have textbook for Wisconsin lawyers on how to defend an OWI case.

Mr. Mishlove is the creator and course director for the Serious Science Blood Analysis courses taught at the Shimadzu Laboratory at the University of Texas-Arlington. This is America’s leading series of courses for lawyers on blood analysis and trial advocacy. Lawyers come from all over the world to attend and study with Mr. Mishlove and the expert faculty of the Serious Science courses. DUI attorney Andrew Mishlove can put his extensive knowledge in the field of Wisconsin OWI to work for you to create a successful defense if you have been accused of operating a motor vehicle while intoxicated.

DUI defense attorney Andrew Mishlove
Andrew Mishlove

For those in Wisconsin who face charges of driving under the influence of drugs or alcohol-impaired driving, Mrs. Stuckert concentrates her practice on complex drug and alcohol OWI litigation. Mrs. Stuckert's approach to defending those accused of OWI, DUI, and DWI offenses is based on the science of blood and breath test results. She continues to receive specialized scientific training in order to provide her clients with the apt representation they need.

Lauren Stuckert became the first attorney in Wisconsin to receive a certificate in Forensic Chromatography Blood Alcohol Analysis from the American Chemical Society at Axion Laboratories in Chicago. Mrs. Stuckert has also completed the Forensic Solid Drug Analysis course through the ACS. Her expertise in lab test results is second to none. She has the strongest track record in the state of Wisconsin when it comes to challenging BAC and drug lab test results in OWI cases. 

Like her law firm partner, Lauren Stuckert is a board-certified DUI Specialist. This distinction is the highest credential a DUI-OWI lawyer can attain. With the ever-increasing technical nature of drunk driving and driving while intoxicated cases, an attorney with the proper technical training and expertise is necessary to provide a strong defense for clients. DUI attorney Lauren Stuckert has a record of success that demonstrates her dedication to her clients.

Lauren Stuckert
DUI defense attorney Lauren Stuckert

Choose a Law Firm That Cares

The Wisconsin DUI lawyers at Mishlove and Stuckert, Attorneys at Law know the impact that a drunk driving offense can have on your life. A serious OWI offense can have serious consequences. It may compromise your ability to make a living for yourself and support your family. We understand the needs of our clients, and we do everything within our power to minimize the burden and stress that is so common during these trying times.

Listening is a skill that too few lawyers have mastered, and yet it is an essential skill for an expert lawyer. Listening to your concerns is just as important as talking to you about your problem. In fact, it is the only way to really understand your life and the potential effects of your legal problem.

We treat our clients with respect, and we care about the outcome of your case. We will fight for you and do everything we can to put your mind at ease. To request a free consultation and learn how we can help, contact us online or give us a call at:

(414) 332-3499

Attorneys Andrew Mishlove and Lauren Stuckert
When you choose our firm, we understand that you have a story to tell about your life, your career, your family, and how you got into this legal dilemma.
“I had the privilege of working with andrew mishlove and his group. I could not be happier with the results and the amount of extra work they did to make sure I understood everything that was happening during the process. I would recommend them to anyone who has made a mistake that results in needing legal representation.” Dylan Radder

Field Sobriety Tests

field sobriety test

While police officers are trained in the execution of field sobriety tests (FSTs), many factors can lead to mistakes. First and foremost, it is common for police officers to administer these exercises incorrectly. They often give poor instructions, perform bad demonstrations, and score clues improperly. While it is important for public safety to establish tests to determine if someone is too inebriated to drive, in practice FSTs are often inaccurate. A police officer is using their training for these tests to establish probable cause, but just because someone fails a sobriety test does not necessarily mean that they are under the influence of an intoxicant or too impaired to operate a motor vehicle.

A person with poor balance or any number of legitimate medical issues may not pass a FST and can end up facing serious charges that can have a significant impact on their quality of life. Meanwhile, a person with a high tolerance for alcohol may pass a FST even if legally above the limit. These are just two examples of the flaws inherent in field sobriety tests. Andrew Mishlove and Lauren Stuckert have both taken the same FST training as the police and are certified in FST administration. They are experts in the protocol surrounding these tests and have successfully demonstrated the shortcomings in courts throughout Wisconsin.

Commercial Driver OWI

Commercial drivers have a great deal on the line when it comes to a DUI charge. A commercial driver's ability to provide for themself and their family is directly tied to their ability to drive. As professional drivers, the penalties related to a commercial driver's license and driving under the influence can have a devastating effect, possibly leading to the end of a career. 

On the lowest end of the scale, a commercial driver found with any measurable alcohol concentration while driving, possession of alcohol in their vehicle, or found driving within four hours of consuming alcohol is put out of service for 24 hours and will incur three demerit points on their driving record. The threshold for a citation is greatly reduced for commercial drivers as well. A BAC between 0.04% and 0.08% is viewed as a first offense and could mean a suspension of up to three years of their commercial driver's license (CDL). A second offense can mean up to six months in jail and a lifetime disqualification of their CDL, according to the DOT-Bureau of Transportation Safety.

If you are a commercial driver who is facing a license revocation, the OWI specialists at Mishlove and Stuckert, Attorneys at Law may be able to save your license and your career.

DUI arrest

Nationally Renowned DUI Experts

The team of Andrew Mishlove and Lauren Stuckert are the Badger State's only board-certified DUI Law Specialists. We literally wrote the book on OWI defense in the state and have successfully defended against OWI offenses since 1981. If you have been arrested and are worried about an OWI conviction, we can review your case and advise you on how to proceed during a free consultation at one of our four offices in MilwaukeeWaukeshaOshkosh, or West Bend. Our understanding of not only the law, but also the science behind the tests used by the prosecution, can make all the difference in your case.

If you are facing hefty fines, losing your license, or possible jail time, you owe it to yourself to schedule a consultation to learn more about how we may be of assistance. To request a free consultation today, contact us online or call us:

(414) 332-3499


Will I Go to Jail Because of a DUI/OWI Charge?

If you are convicted of a first-time driving offense, the answer is generally no. Wisconsin is the only state in which first-offense drunk driving charges are not considered criminal. However, factors like whether a minor was in the vehicle or someone was hurt can mean a criminal charge. Regardless of the nature of your charges, you should contact an attorney to help you build a solid defense.
"I highly recommend Mishlove & Stuckert if you need representation for a driving citation. I have personally conferred with both Andrew and Lauren and both are equally personable, knowledgeable, professional, responsive and put you at ease. They both explain everything to you very clearly and so you understand the legal process. Sara is very pleasant and helpful every time you call and need something or have a question. Definitely would not have a such a favorable outcome without all of them and very appreciative of all their hard work and efforts. Highly recommended!" Pete Trost
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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