What Happens if You Crash Your Car While Drunk in Wisconsin?

If you cause an accident while intoxicated, the consequences become far more serious than a standard OWI charge. Wisconsin law treats drunk driving accidents differently depending on whether anyone was hurt and how badly.

If you're facing charges after a drunk driving accident, understanding what's at stake is the first step toward protecting your future.

Wisconsin Takes Drunk Driving Accidents Seriously

In Wisconsin, it's illegal to operate a motor vehicle with a blood alcohol concentration (BAC) of 0.08% or higher. A standard OWI already carries significant penalties. But when an accident is involved, prosecutors can add additional charges based on the harm caused.

The law establishes three separate offenses for OWI-related accidents:

• Causing injury while OWI
• Causing great bodily harm while OWI
• Homicide by OWI

Each carries its own penalties, and many qualify as felonies with mandatory jail time.

Penalties Based on the Severity of Injuries

Here's a simple breakdown of the penalties you could be facing based on how severe the injuries are.

Causing Injury While OWI

If anyone is injured in the accident (even minor injuries) you face elevated charges. A conviction can result in:

• 30 days to one year in jail (with a mandatory minimum of 30 days)
• Fines between $300 and $2,000

In some cases, a "safe streets" option may reduce the minimum sentence to 15 days if you complete drug or alcohol treatment and probation.

If you have a prior OWI conviction or refused a chemical test after a previous arrest, this becomes a Class H felony. That means up to six years in prison and fines up to $10,000.

Causing Great Bodily Harm While OWI

When the accident causes serious injuries, the charges escalate to a Class F felony. Wisconsin law defines "great bodily harm" as injuries that create a substantial risk of death, cause permanent disfigurement, or result in the permanent loss or impairment of any bodily function.

A Class F felony conviction can bring:

• Up to 12.5 years in prison
• Fines up to $25,000

Homicide by OWI

If someone dies as a result of an accident you caused while intoxicated, you face homicide by OWI charges. This is a Class D felony punishable by:

• Up to 25 years in prison
• Fines up to $100,000

If you have prior OWI convictions, the charge can be elevated to a Class C felony, carrying a maximum sentence of 40 years behind bars.

Child Passengers Double the Penalties

Wisconsin law doubles the penalties when a child under age 16 is in your vehicle at the time of the accident. For a first-time OWI injury offense with a child passenger, you could face:

• 60 days to two years in jail
• Fines between $600 and $4,000

With prior convictions, the sentence increases to up to 12 years in prison and $20,000 in fines.

Civil Liability Adds to Your Exposure

Criminal penalties aren't the only concern here. Injured parties can file civil lawsuits to recover damages for medical expenses, lost wages, and pain and suffering. Even if your insurance covers some costs, civil claims can significantly increase your financial exposure.

Factors That Make Penalties Worse

Several circumstances can lead to harsher consequences:

• High blood alcohol concentration
• Prior OWI offenses
• Serious bodily injury or death
• Leaving the scene of the accident
• Having a child as a passenger

Even a first-time offense with an accident can carry substantial jail time, heavy fines, and long-term license consequences.

Possible Defenses to OWI Accident Charges

Facing these charges doesn't mean you're without options. Some potential defenses include:

• Challenging causation. Even if you were intoxicated, prosecutors must prove you caused the accident. If another driver was at fault, that could affect the charges against you.

• Challenging the evidence of intoxication. There are established ways to challenge BAC test results and other evidence of impairment.

• Challenging the admissibility of evidence. If police violated your constitutional rights during the stop or arrest, some evidence may be inadmissible.

• Negotiating a plea agreement. In some cases, working with prosecutors to reduce charges or penalties may be the best path forward.

Protect Your Future

A drunk driving accident can change your life. The charges are serious, but they don't have to define your future. An experienced attorney can help you understand your options, build a defense, and work toward the best possible outcome.

If you're facing OWI charges after an accident in Wisconsin, don't wait to get legal help. The sooner you act, the more options you may have available.

What to do if You've Been Arrested and Charged with OWI in Wisconsin

If you are facing OWI, DWI, DUI, BAC or PAC charges in Wisconsin, you should contact a skilled criminal defense attorney to assist in your defense as soon as possible.

Attorney Patrick Stangl explains why you should never give up hope when fighting DUI/OWI charges in Wisconsin:

Criminal Defense Lawyer Patrick J. Stangl has been aggressively fighting to protect the rights of drivers accused of OWI and other drunk driving charges for over 30 years. He remains committed to protecting the innocent against OWI charges in Madison, Eau Claire, Hayward and across Wisconsin.

Attorney Stangl’s philosophy regarding the OWI defense is that unless the State offers a plea agreement significantly better than the risk of losing in trial, there is no reason to plead guilty. Because Attorney Stangl believes that—unlike many other charges in State Court—victims of drunk driving (OWI, DUI, DWI, BAC, PAC) charges have little incentive to plead guilty, he prepares all drunk driving cases for trial.

This approach differs greatly from most criminal defense attorneys who assume they cannot win your case and plead guilty. If you’re facing criminal or traffic charges in Wisconsin, schedule a free consultation with us from the Contact Us page right away.

Attorney Stangl has undergone the same NHTSA-sponsored field sobriety test training as law enforcement—something very few OWI attorneys can legitimately claim. This training gives Attorney Stangl unique insight into how these tests are designed, their weaknesses, and where law enforcement often makes mistakes when administering them. Attorney Stangl regularly leverages this expertise to uncover opportunities for defense for his clients and work toward successful outcomes.

Four Consecutive Jury Victories

For the fourth time in a row, a jury has refused to convict Attorney Stangl's client of Operating While Under the Influence of an Intoxicant (OWI). A St. Croix county jury sitting in Hudson, Wisconsin, found Attorney Stangl's client not guilty of OWI. His client was also charged with Operating With a Prohibited Alcohol Concentration (PAC). The above the legal limit or Operating with a Prohibited Alcohol Concentration charge (PAC) was dismissed by the trial court after the conclusion of the State's evidence on Attorney Stangl's motion.

The court agreed there was insufficient evidence to support a conviction on the PAC charge because the State failed to produce expert testimony establishing the relevance of the blood test result, given the fact it had not proven the time of the alleged operating/driving of his client's vehicle. The State's blood test evidence indicated the client's blood alcohol concentration was 3.5 times the legal limit. The jury was then left to decide the criminal OWI charge. After deliberating approximately an hour and 15 minutes, the jury returned a unanimous not guilty verdict.

This case represents the fourth consecutive time Attorney Stangl's clients have been cleared of eight charges, including OWI and PAC, in four consecutive jury trials.

Free 10-Minute Consultation

If you need a Wisconsin OWI lawyer who is committed to fighting for you, request a free 10-minute consultation to discuss your case and explore options for your defense.

Photo Credit: Vladimir Proskurovskiy