At a Glance:

  • Wisconsin does not have a charge called "vehicular manslaughter"—the correct legal term is "vehicular homicide"
  • There are two primary vehicular homicide charges: Homicide by Intoxicated Use of a Vehicle (Wis. Stat. 940.09) and Homicide by Negligent Operation of a Vehicle (Wis. Stat. 940.10)
  • Penalties range from 10 to 40 years in prison depending on the charge and your prior record
  • Contact an experienced defense attorney to increase the more options you have

You May Have Heard It Called "Vehicular Manslaughter," But That's Not What Wisconsin Will Charge You With.

If you're searching for "vehicular manslaughter" in Wisconsin, you're not alone — it's the term most people know from other states, news coverage, and television. But here's something critically important to understand: Wisconsin doesn't use "manslaughter" charges anymore.

As we explain in our guide to First Degree Manslaughter (Homicide) Penalties in Madison, WI, Wisconsin now uses the term "homicide" for all charges involving the death of another person. When a death involves a vehicle, the charges fall under Wisconsin's vehicular homicide statutes.

If you or someone you love is facing these charges in Madison or anywhere in Wisconsin, here's what you need to know.

What Is Vehicular Homicide in Wisconsin?

Vehicular homicide refers to causing the death of another person or an unborn child through the operation of a motor vehicle. Wisconsin law recognizes two distinct charges depending on the circumstances: specifically, whether intoxication was involved and what the driver's state of mind was at the time.

Charge #1: Homicide by Intoxicated Use of a Vehicle (Wis. Stat. 940.09)

This refers to causing the death of another person while driving under the influence of alcohol, drugs, or a controlled substance.

Who Gets Charged?

A common and dangerous misconception is that you have to be over the legal BAC limit to face this charge. That's not true. Under Wisconsin law, you can be charged if:

  • You were impaired by alcohol, drugs, or a combination of both
  • Your BAC was at or above the legal limit (0.08 for most drivers)
  • You had a detectable amount of a restricted controlled substance in your blood, regardless of impairment level

This means someone can face a homicide charge even if they weren't visibly drunk. As our complete guide to Wisconsin OWI/DUI laws makes clear, Wisconsin's OWI statutes are broad, and they apply with full force when a death occurs.

Penalties

The severity of the penalties depends heavily on your prior OWI record and the circumstances.

No prior OWI-related convictions — Class D Felony:

  • Up to 25 years in state prison
  • Up to $100,000 in fines
  • Minimum 5 years initial confinement in prison (unless the court rules otherwise)
  • 5-year driver's license revocation
  • Mandatory ignition interlock device (IID) requirement
  • 120-day waiting period before eligibility for an occupational license

With a prior OWI conviction or OWI-related license revocation — Class C Felony:

  • Up to 40 years in state prison
  • Up to $100,000 in fines
  • Minimum 5 years initial confinement in prison (unless the court rules otherwise)
  • 10-year driver's license revocation following prison sentence
  • Mandatory IID for 10 years post-sentence

Additional aggravating factors that increase penalties include:

  • A passenger under age 16 in the vehicle at the time
  • A pregnant passenger in the vehicle
  • Multiple deaths (Each is charged as a separate offense.)

Charge #2: Homicide by Negligent Operation of a Vehicle (Wis. Stat. 940.10)

This charge applies when a driver causes the death of another person or unborn child through criminally negligent operation of a vehicle—no intoxication required. Think texting while driving, running a red light at high speed, or other behavior a reasonable person would recognize as creating a serious risk of death or great bodily harm.

Understanding "Criminal Negligence"

This is one of the most important distinctions in any vehicular homicide case. Criminal negligence is not the same as ordinary negligence. Ordinary negligence is a lapse in reasonable care. Criminal negligence is ordinary negligence taken to a much higher degree. It's conduct where the person should have realized it created a substantial and unreasonable risk of death or serious injury.

Importantly, the prosecution must also prove that your negligence was the substantial cause of the death. This is a meaningful legal standard, and one that an experienced defense attorney can challenge.

Penalties

Homicide by negligent operation of a vehicle is a Class G Felony:

  • Up to 10 years in state prison
  • Up to $25,000 in fines

While the maximum sentence is lower than for the intoxicated use charge, a Class G felony still carries life-changing consequences, and prosecutors may pursue additional charges like reckless driving, child endangerment, or others that can be stacked on top.

The Consequences Don't Stop at the Courtroom

The prison sentence is only part of the picture. The real-world impact can include:

  • Significant difficulty finding employment
  • Additional difficulty finding housing
  • Loss or denial of certain professional licenses
  • Loss of the right to possess a firearm
  • Loss of voting rights during your sentence and probation
  • Higher insurance rates
  • Potential civil lawsuits from the victim's family, separate from criminal penalties

Defenses Against Vehicular Homicide Charges

Being charged is not the same as being convicted. Wisconsin law is nuanced, and there are meaningful defense strategies available depending on the facts of your case. An experienced criminal defense attorney may challenge:

  • Causation—Was your conduct actually the substantial cause of the death? A skilled attorney may work with accident reconstruction experts to challenge the prosecution's theory of what happened.
  • The intoxication evidence—Were BAC or blood test results accurate? Were proper procedures followed in testing? As we've discussed in our guide to common OWI defenses, chemical test results are frequently vulnerable to challenge.
  • Whether the conduct rose to criminal negligence—There is a meaningful legal difference between an accident and criminal negligence. That line matters enormously in court.
  • The legality of the traffic stop and evidence collection—If your rights were violated at any point during the stop, arrest, or investigation, evidence may be inadmissible.
  • Witness credibility and physical evidence—Early investigation by a defense attorney can preserve critical evidence and identify weaknesses in the prosecution's case before they disappear.

Real Case Result: Homicide Charges Dismissed

Attorney Stangl defended a client charged with homicide by intoxicated use of a motor vehicle and homicide by operation of a motor vehicle with a prohibited alcohol concentration. A young man was killed in the accident. Through the defense Attorney Stangl raised, the homicide charges were dismissed entirely, and an amended charging document was filed alleging less serious charges.

This outcome is not guaranteed in any case—but it demonstrates what's possible with an experienced, aggressive defense. You can explore more results on our victories and success stories page.

Don't Wait for a Strong Defense Against Homicide Charges

Attorney Patrick J. Stangl has over 30 years of experience defending clients across Wisconsin against serious criminal charges, including vehicular homicide. He knows what it takes to investigate these cases thoroughly, challenge the prosecution's evidence, and fight for the best possible outcome—whether that means a reduction in charges, an acquittal, or a dismissal.

Don't face this alone. Contact Stangl Law today for a FREE 10-minute consultation to discuss your case and explore your options. Your future depends on the decisions you make right now.

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