What Are the Penalties for OWI Involving Death in Wisconsin?

Operating a vehicle while intoxicated (OWI) and causing a crash that results in someone's death carries severe consequences in Wisconsin. Penalties on conviction include lengthy prison sentences that can last up to decades, as well as fines reaching six figures. Here’s what you need to know if you’re facing these serious charges.

Legal Penalties for Homicide by Intoxicated Use of a Vehicle

Under Wisconsin law, a driver who causes a fatal accident while under the influence of alcohol or drugs can face charges of homicide by intoxicated use of a vehicle. The severity of the punishment depends largely on whether the driver has previous OWI convictions. This criminal offense is charged as at least a Class D felony, which may result in up to 25 years behind bars. However, certain exacerbating conditions can increase it to a Class C felony, with commensurately more serious punishments.

First-Time Offenders

An OWI with fatalities is typically charged as a Class D felony for first-time OWI offenders. The penalties for a conviction may include the following:

• A prison term of up to 25 years: Wisconsin imposes a mandatory five-year minimum sentence.
• Fines reaching $100,000: These fines come in addition to any civil penalties.
• License revocation: The revocation extends beyond the prison term.
• Mandatory alcohol assessment and treatment programs: The court requires completion before reinstating driving privileges.

Those with a History of OWI

Prior OWI convictions escalate a fatal OWI to a Class C felony, which can result in:

• A prison sentence of up to 40 years: The mandatory minimum remains five years.
• Fines up to $100,000: This amount does not include possible restitution to the victim's family.
• Extended license revocation: Each prior conviction extends the revocation term.

Additional Long-Term Consequences

As tough as the criminal punishments for a fatal OWI are, they are not the only consequences a defendant might face. Long-term consequences can also include:

• Limitations in employment: Many employers conduct background checks that reveal felony convictions.
• Difficulty finding housing: Landlords may deny applications based on serious criminal records.
• Loss of voting rights: Felony convictions temporarily suspend voting privileges.
• Restrictions on professional licenses: Some careers become unavailable to those with felony records.
• Limitations on travel: Other countries, including Canada, may deny entry to those with felony convictions.

Wisconsin

requires everyone convicted of this offense to serve what's known as a bifurcated sentence. This means the person must serve prison time followed by a period of community supervision, ensuring continued monitoring even after release.

Facing Serious OWI Charges in Wisconsin? Contact Cohen Law Offices Today

If you're facing charges related to an OWI incident involving death, you need experienced legal representation to protect your rights and seek a fair resolution to your case. At Cohen Law Offices, our trial lawyers have over 60 combined years of experience defending serious criminal cases in Northwest Wisconsin. We prepare every case as if it will go to trial, ensuring the most vigorous possible defense for our clients. Contact us today at (715) 514-5051 for a confidential consultation with an OWI defense attorney in Wisconsin.