OWI/DUI That Results in an Accident

By Andrew Mishlove on December 26, 2019


Aftermath of an auto collisionThe people of Wisconsin know that they can turn to Andrew Mishlove and Lauren Stuckert if they need a skilled OWI/DUI lawyer. Our law firm makes sure clients know their legal options and have their cases heard fairly. When possible, our attorneys will help reduce OWI charges and guide you through the legal process.

If you cause an accident while you are driving drunk, you will face different penalties than a traditional drunk driver would. Let’s consider some of these penalties and what they entail.

OWI Accidents Result in Harsher Penalties

A regular OWI charge leads to some pretty harsh penalties, even for a first offense. If you cause an accident while drunk driving, you can expect those penalties to be far worse. Authorities take into account property damage and harm done to others. In serious accidents, you may be charged with a felony simply given the nature of the collision.

In addition to the harsher charges, you could also face a civil case from the victim(s) of the drunk driving accident or the loved ones of the victim(s). That’s important to keep in mind, and should help you understand why it’s so crucial to have legal representation on your side.

Penalties for Causing Injury by OWI

Penalties for an OWI accident can vary in the state of Wisconsin. The nature of the collision and the injuries will determine the penalties for the drunk driver.

For a first offense injury OWI in which the driver has no prior conviction, penalties include:

  • A fine of $300 to $2,000
  • 30 days to 1 year in prison
  • Driver’s license revocation for 1 to 2 years

For a drunk driving injury accident in which the driver has a prior OWI conviction, penalties include:

  • Class H felony charge
  • A fine up to $10,000
  • Up to 6 years in prison
  • Driver’s license revocation for 1 to 2 years

Penalties for Causing Great Bodily Harm by OWI

Serious injuries sustained in drunk driving accidents result in much greater penalties for the person charged with OWI. These kinds of injuries are classified as “great bodily harm.” In essence, great bodily harm refers to injuries that pose a substantial risk of death, lead to permanent disfigurement, and/or cause serious impairment of a body part or organ.

Penalties for causing great bodily harm by OWI include:

  • Class F felony charge
  • A fine up to $25,000
  • Up to 12.5 years in prison
  • Driver’s license revocation for 2 years

Penalties for Fatal Drunk Driving Accidents

When a drunk driving accident leads to the death of a motorist, bicyclist, or pedestrian, this is considered a homicide while OWI. This is a serious criminal offense that carries the following penalties:

  • Class D felony charge
  • A fine up to $100,000
  • Up to 25 years in prison
  • Driver’s license revocation for 5 years

If a driver causes a death while drunk driving and has a prior OWI conviction, they could spend up to 40 years in prison.

Contact Our OWI Attorneys

For more information about drunk driving charges and your legal options when facing severe penalties, contact our skilled drunk driving attorneys. The team at Mishlove & Stuckert is here to help. We have multiple offices throughout the state of Wisconsin. You can reach us in Milwaukee at (414) 206-6919, in Oshkosh at (920) 306-8500, in West Bend at (262) 239-4828, and in Waukesha at (262) 207-4527.

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