Milwaukee DUI Attorney & Milwaukee OWI Homicide Attorneys
Presenting a strong defense against DUI resulting in death or injury charges in Wisconsin
A person may be charged with homicide by intoxicated use of a vehicle under § 940.09 Wisconsin Statutes if:
- The defendant operated a motor vehicle
- The defendant's operation of the vehicle caused the death of the victim, and
- The defendant was under the influence of an intoxicant (controlled substance, or had a prohibited alcohol concentration) at the time the defendant operated the vehicle.
DUI Causing Injury or Homicide - Wisconsin Laws
Wisconsin Statute 940.25 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 detectible amont 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.
Possible sentencing consequences if convicted of DUI injury or homicide in WI
If charged in Milwaukee with drunk driving causing injury, that is a class F felony in Wisconsin, which provides for a sentence of up to 12.5 years of incarceration, including up to 7 1/2 years of initial confinement, in addition to other penalties.
If convicted drunk driving homicide in Wisconsin that is a class C or class D felony, depending on the number of prior DUI offenses that are counted under Wisconsin law.
Killing or injuring someone in an auto accident while driving under the influence (DUI), could result in a vehicular homicide charge in the State of Wisconsin. This is a very serious felony crime that may result in prison time. If you are facing a homicide by intoxicated use of a vehicle charge in the Milwaukee area you need to contact a Wisconsin criminal defense attorney right away.
Before you can be convicted of an OWI causing death, the prosecution must prove that your driving caused the victim’s death and that you were under the influence or had a prohibited alcohol concentration. You need a strong Milwaukee criminal defense attorney to prove that the death would have occurred despite the intoxication level and with due care to avoid a conviction. If more than one death or injury was caused as the result of the DUI car accident, you could face additional charges and increased prison time.
Fighting a vehicular homicide offense may feel intimidating because it is such a serious charge. However, not contesting it could dramatically change the course of your life.
*Free Initial Consultations In WI Drunk Driving Causing Death or Injury Cases
*Flat Fee Agreements and Payment Plans Available
For more information about our Waukesha DUI lawyer, Milwaukee criminal defense attorney, or about other legal services available at our Milwaukee or Waukesha law firm, please contact us today! Click here for links to Wisconsin court records, jail inmate locators, and other criminal law resources.
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1746 S. Muskego Ave. | Milwaukee, WI 53204 | 414-383-6700
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