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In Wisconsin, causing the death of a person by driving under the influence called “Homicide by Intoxicated Use of a Vehicle.” Some also refer to it as intoxicated vehicular manslaughter. Wisconsin statute 940.09 outlines the parameters of this crime. The penalty for homicide by intoxicated use of a vehicle is a Class D felony, which means a maximum of 25 years in prison and up to $100,000 in fines.
OWIs & Vehicular Homicide Charges in Wisconsin
Causing the death of an individual while driving impaired is charged as a Class D felony. Very few people intend to drive drunk. Alcohol consumption makes it harder to think clearly, meaning it also impedes an individual’s ability to gauge their own level of intoxication. Nonetheless, if a person drives drunk and a death occurs as a result that, the driver will legally be held at fault.
Fighting an OWI Vehicular Homicide Charge
There are a number of possible defenses to an OWI homicide. First, there are the standard OWI defenses: the person charged wasn’t driving, they weren’t under the influence, and/or they didn’t have a prohibited amount of alcohol in their blood. Next, for homicide charges specifically, one potential defense is that the death would have occurred even if the individual had been exercising due care and had not been violating an OWI statute.
What an Attorney Can Do for an Intoxicated Vehicular Homicide Charge
Attorneys know the ins and outs of the legal system, so it is important to hire one to defend you. An expert criminal attorney will understand the laws, courtroom procedures, and county-specific expectations. And they understand how best to present the most relevant facts in a way tailored to the specific judges in your county. It is good to have an attorney for any criminal charge, and it is only more vital for a charge that has such severe consequences.
Specifically for homicide by use of a vehicle charges, it is critical to have a trained eye review the evidence for defenses, motions, and trial issues. Even when the situation is not in your favor, an attorney can argue persuasively during sentencing to obtain a shorter sentence than what the state was offering.
Penalties for Vehicular Manslaughter While Intoxicated
For a driver with no prior OWI convictions, an OWI homicide is classified as a Class D felony punishable by up to 25 years of prison (15 years initial confinement/10 years extended supervision). For a driver with a prior OWI conviction, the offense of an OWI homicide is classified as a Class C felony punishable by up to 40 years of imprisonment (25 years initial confinement/15 years extended supervision). As with any felony conviction, the driver will no longer be allowed to possess a firearm and temporarily loses their right to vote. The individual’s driver’s license will also be revoked.
In addition to these penalties, if more than one death results, then each death caused by the intoxicated driver is chargeable as a separate offense carrying additional penalties. This includes the death of an unborn child.
Aggravating Factors and Mitigating Factors
There are a number of factors that increase or reduce the length of the sentence. The formal words are aggravating factors for those that increase the punishment and mitigating factors for those that reduce the punishment.
Some mitigating factors are whether the deceased individual was a passenger in the drunk driver’s car, whether any aid was offered by the drunk driver, and whether the driver has sought treatment for alocohol ad drug abuse
Then for aggravating factors, it can depend on the judge. For example, if the deceased individual was a pedestrian or in a different vehicle, most courts view that as an aggravating factor. Other examples of aggravating factors include why the driver chose to get behind the wheel, whether a minor was in the car, or if the driver was being especially reckless.
Minimum Sentence for Drunk Driving Homicide
There is a “presumptive minimum” sentence for an OWI homicide of at least five years of initial confinement in prison on each offense. A “presumptive minimum” means the court must impose a sentence of five years or more in prison unless the court finds a “compelling reason” not to. The “compelling reasons” must be stated on the record.
Prison terms are divided into two parts: initial confinement and extended supervision. Initial confinement means time in prison, and extended supervision means time out of prison but still being supervised by the Department of Community Corrections, in other states typically called parole. Breaking the rules of supervision can lead to the supervision being revoked and being sent back to prison.
Penalties for Vehicular Homicide Without Intoxication
Unrelated to deaths caused by intoxicated use of a vehicle, Wisconsin also has a crime for Homicide by Negligent Operation of a Vehicle. This is a Class G felony, carrying a maximum penalty of 10 years of imprisonment. Unlike homicide by intoxicated use of a vehicle, there is no presumptive minimum penalty for this offense.
Vehicular Homicide DUI Laws in Wisconsin
In Wisconsin, causing the death of a person by driving with alcohol in one’s system is called “Homicide by Intoxicated Use of a Vehicle.” Wisconsin statute 940.09 outlines the parameters of this crime. The law can be boiled down to two parts: 1) causing the death of a person or unborn child and 2) while violating an OWI law. Violating an OWI law means driving a motor vehicle while under the influence of an intoxicant with a BAC above the legal limit or with a controlled substance in the driver’s blood.
Intoxicated Vehicular Manslaughter vs Intoxicated Vehicular Homicide
People use a variety of words to refer to the same crime. For this type, people may call it anything from OWI homicide to drunk driving manslaughter to vehicular manslaughter while intoxicated. No matter how the crime is referred to in conversation, it is best to know the words your state uses.
When you know what words your state uses, you can be sure to get accurate information relevant to your situation. However, here are some general definitions. Homicide is generally used to describe any crime where one individual contributed to the death of another. Manslaughter is usually used to describe crimes where the individual did not intend to cause the death of another person but still contributed to their death in a way that attributes some level of blame or fault.
