Homicide by Intoxicated Use of a Firearm Lawyer in Wisconsin

Charged under Wis. Stat. § 940.09(1g) with homicide by intoxicated use of a firearm? Call Chirafisi Anderson, S.C. to start your defense — Free Consultations.

(608) 250-3500

What the Law Says About Homicide by Intoxicated Use of a Firearm

Under Wis. Stat. § 940.09(1g), a person commits this offense by causing the death of another while operating or handling a firearm (or airgun) under the influence. The law also covers per se alcohol cases (0.08 or more) and cases involving detectable restricted controlled substances in the blood. Unlike intentional or reckless homicide, the State does not need to prove intent – only that the defendant was impaired or over the legal limit when the fatal handling occurred.

What the State Must Prove in Homicide by Intoxicated use of a Firearm

To convict someone of Homicide by Intoxicated Use of a Firearm, the State must prove beyond a reasonable doubt that:

  1. You operated or handled a firearm or airgun;
  2. Your operation or handling caused the death of another person (your conduct was a substantial factor in causing the death); and
  3. You were under the influence of an intoxicant at the time of handling the firearm.

The statute also applies to firearm-related deaths involving:

  • Per se alcohol concentration of 0.08 or higher, even without proof of impairment;
  • Detectable restricted controlled substances (such as THC, GHB, or methamphetamine); and
  • Unborn-child fatalities under subsections (c)–(d).

These elements are detailed in Wisconsin Jury Instruction – Criminal 1190 Homicide by Operation of a Firearm or Airgun While Under the Influence of an Intoxicant

Penalties and Sentencing on Homicide by Intoxicated use of a Firearm

A conviction for Homicide by Intoxicated Use of a Firearm is a Class D felony, punishable by:

  • Up to 25 years imprisonment (including initial confinement and extended supervision); and
  • Up to $100,000 in fines

While the firearm subsection of § 940.09(1g) does not include the mandatory 5-year minimum that applies to vehicle-related cases, judges treat these cases seriously, especially when intoxication and firearms combine. Collateral consequences include lifetime firearm restrictions, loss of civil rights, and employment limitations.

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Common Scenarios in Homicide by Intoxicated Use of a Firearm Cases in Wisconsin

  • Alcohol use during hunting or target practice leading to a fatal discharge.
  • Accidental shooting while cleaning, loading, or handling a firearm after drinking.
  • Discharges during social gatherings where alcohol is present.
  • Unintended firearm deaths where toxicology later shows restricted controlled substances.

Defenses and Legal Strategies in Homicide by Intoxicated use of a Firearm

  • Causation Challenge — The death would have occurred regardless of intoxication. This forms the basis of the independent-causation defense under § 940.09(2)(a).
  • Prescription Defense — For charges involving restricted controlled substances (e.g., THC, GHB, methamphetamine), a valid prescription serves as a complete defense under § 940.09(2)(b).
  • Impairment Dispute — Argue that the defendant’s ability to handle the firearm was not materially impaired and that the State’s toxicology or behavioral evidence fails to prove impairment.
  • Testing and Procedure Challenges — Contest blood or breath test admissibility, chain of custody, calibration, or warrant validity.
  • Constitutional Issues — Suppress unlawfully obtained evidence or statements resulting from improper interrogation or warrantless testing.
  • Mechanical or Third-Party Causes — Establish that a firearm malfunction, ricochet, or another person’s actions—not intoxication—caused the fatal shot.
  • Expert Testimony — Use toxicologists, accident reconstruction, or ballistics experts to challenge impairment and causation findings.

Why Hiring a Homicide by Intoxicated Use of a Firearm Defense Lawyer Matters

Facing a homicide by intoxicated use of a firearm charge is serious. These cases often involve forensic complexity—ballistics, toxicology, and cause-of-death analysis—all intertwined with questions about judgment and impairment. The attorneys at Chirafisi Anderson, S.C. have the experience and proven results to protect your rights at every stage, from initial investigation to trial.

Local Experience matters. We defend homicide and intoxication-related cases throughout Southern and Central Wisconsin including Dane, Rock, Jefferson, Columbia, Dodge, Green, Iowa, and Sauk Counties, bringing local insight into how prosecutors and judges evaluate firearm-related fatalities.

Proven track record of results. Our firm has obtained dismissals, charge reductions, and acquittals in high-stakes homicide and OWI-related prosecutions by exposing weaknesses in impairment evidence and causation.

Recognized legal excellence. Attorneys at Chirafisi Anderson, S.C. are repeatedly recognized by Super Lawyers® and leading defense organizations for their trial advocacy and results in complex felony cases.

Check out felony case results from the attorneys at Chirafisi Anderson, S.C.: Criminal Defense Case Results

Contact Chirafisi Anderson, S.C.

If you or a loved one has been charged with Homicide by Intoxicated Use of a Firearm in Wisconsin, contact us immediately for an experienced defense. Call Chirafisi Anderson, S.C. today for a free consultation with an experienced criminal defense lawyer.

(608) 250-3500 Schedule a Free Consultation

Frequently asked questions – Homicide by Intoxicated Use of a Firearm

No. The mandatory 5-year minimum in § 940.09(1c) applies to vehicle cases. Firearm-related cases under § 940.09(1g) are Class D felonies but do not carry a mandatory minimum.

Yes. The State must prove that you were intoxicated and that your handling of the firearm caused the death—not that you meant to cause harm.

Accidental discharge can support a causation defense, especially when mechanical failure or external interference is proven. It does not automatically eliminate criminal liability but may create reasonable doubt.

Yes. The statute applies to restricted controlled substances and intoxicants. However, under § 940.09(2)(b), a valid prescription can provide a complete defense.

Absolutely. Expert analysis in ballistics, firearm operation, and toxicology can be critical to showing that intoxication was not a causal factor or that testing methods were unreliable.