Wisconsin DUI Attorney & Milwaukee OWI Homicide Attorneys
Did you kill or injure someone in an auto accident while driving under the influence (DUI) in Wisconsin? In Milwaukee, this conduct results in a vehicular homicide charge. Drunk driving causing injury or death is a grave felony crime that may result in prison time. If you stand accused of homicide by intoxicated use of a vehicle in Wisconsin, contact a Milwaukee criminal defense attorney with experience defending Wisconsin OWI homicide charges immediately.
Presenting a strong defense against DUI resulting in death or injury charges in Wisconsin
Before a judge can convict you of OWI causing death, the prosecution must prove you guilty. That means the State must demonstrate: 1) your driving caused the victim’s death; and 2) that you were under the influence or had a prohibited alcohol concentration. You need a forceful Milwaukee, Wisconsin criminal attorney on your side. For example, to avoid a conviction, your OWI defense lawyer may prove that death would have occurred despite the intoxication level and with due care. However, if the DUI car accident caused more than one death or injury, you could face additional charges and increased prison time.
Fighting a vehicular homicide offense may feel intimidating. But, our knowledgeable Wisconsin DUI attorneys don’t feel intimidated – we know what to do. First, we advise you to hire a lawyer right away, and before talking to police. Remember, vehicular homicide or OWI causing injury are serious charges. Therefore, failing to promptly get a Wisconsin DUI lawyer in Milwaukee and contest the charges could dramatically change the course of your life.
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OWI Causing Injury or Homicide – Wisconsin Laws
In brief, Wisconsin law defines injury by intoxicated use of a vehicle, cited in part below, as follows:
Causes great bodily harm to another person, or an unborn child, by the operation of a vehicle while under the influence of an intoxicant, a detectable amount of a restricted controlled substance in his or her blood, or while the person has a prohibited alcohol concentration, or with an alcohol concentration between .04 and .08.
Wisconsin Statute 940.25
Similarly, there are 3 elements the state must prove to convict someone of DUI homicide. Therefore, the State may charge you with homicide by intoxicated use of a vehicle under § 940.09 Wisconsin Statutes if
- you operated a motor vehicle
- your operation of the vehicle caused the death of the victim, and
- you were under the influence of an intoxicant (controlled substance, or had a prohibited alcohol concentration) at the time the you operated the vehicle.
Possible sentencing consequences if convicted of DUI injury or homicide in WI
Drunk driving causing injury is a class F felony in Wisconsin. That means someone charged with OWI causing injury in Milwaukee faces a sentence of up to 12.5 years of incarceration. Specifically, upon conviction for injury resulting from DUI your sentence can include up to 7 1/2 years of initial confinement. If the judge convicts you of injuring someone while driving drunk you will receive additional penalties beyond incarceration. Your Wisconsin DUI lawyer will explain all the potential consequences.
Similarly, drunk driving homicide in Wisconsin is a class C or class D felony. Specifically, the penalty depends on the number of prior DUI offenses counted against you under Wisconsin law.
For more information about our Milwaukee DUI lawyers or Wisconsin criminal defense attorneys at our law firm, please contact us today! Click here for links to Wisconsin court records, jail inmate locators, and other criminal law resources.