State Bar of Wisconsin

Sign In

    WisBar.org may be unavailable October 23rd from 5:00PM until 10:00PM for system maintenance.

Schedule and Faculty: Build Your Practice: Handling OWI Cases in Wisconsin

 Schedule and Faculty: Build Your Practice: Handling OWI Cases in Wisconsin

Schedule

8:00 a.m. : Registration

8:30 a.m. : Starting Point: The Traffic Stop

  • The charge: Operating While Intoxicated (OWI), Prohibited Alcohol Concentration (PAC)
  • Implied consent law
  • Decision to take chemical test
  • Immediate consequences (License revocation/suspension)
  • Seeking an Administrative Review or Refusal Hearing

Steven M. Lucareli

9:20 a.m. : Common DOT questions

John J. Sobotik, Tommy Winkler, Jr.

10:05 a.m. : Break

10:20 a.m. : Breath Testing

  • Science in the courtroom and the disconnect between science and the law
  • Introduction to breath testing
  • Problems with breath testing – physiological with the breath test device
  • Case examples: how these defenses can be brought to the courtroom in trial

Lauren Stuckert

11:00 a.m. : Blood Testing

  • Introduction to Gas Chromatography and Mass Spectrometry
  • Open records – what to request from the laboratory
  • How to interpret the data received from the lab
  • Examples of blood test cases (both alcohol and drug): how to bring these defenses to the courtroom.

Lauren Stuckert

11:45 a.m. : Lunch (on your own)

12:45 p.m. : Discovery

  • Open records request
  • Non-traditional / alternative discovery methods
  • Certification requests from the Chemical Test Section
  • Proficiency request from the State Lab of Hygiene
  • Expert witnesses

Karyn T. Missimer

1:45 p.m. : Pre-trial Motions

  • Motions in limine
  • Suppression motions
  • Motions to strip the chemical test of presumption of automatic admissibility and reliability

Stephen E. Mays

2:35 p.m. : Break

2:50 p.m. : Common Trial Issues

  • Standardized field sobriety tests
  • Trial strategies
  • Effect of loss of presumption of automatic admissibility and reliability
  • Hearsay objections with respect to dispatch tapes
  • Stipulating to prior convictions

Sarvan Singh

3:40 p.m. : Sentencing

  • Pre-trial treatment
  • Sentencing guidelines
  • Electronic monitoring
  • Collateral attacks

Karyn T. Missimer

4:30 p.m. : Program Concludes

Following program start time, webcast replay schedule will vary slightly from above listed times.

Faculty

Presenters

Steven M. Lucareli
Lucareli & Erickson Law Offices LLC
Eagle River

Stephen E. Mays
Mays Law Office LLC
Middleton

Karyn T. Missimer
Missimer Law, S.C.
Afton

Sarvan Singh
Melowski & Associates LLC
Sheboygan

John J. Sobotik
Wisconsin Department of Transportation Office of General Counsel
Madison

Lauren Stuckert
Mishlove & Stuckert
Milwaukee

Tommy Winkler, Jr.
Wisconsin Department of Transportation Office of General Counsel
Madison