OWI Causing Injury in Wisconsin

Injured someone in an OWI accident? Call Chirafisi Anderson, S.C. for a free consultation or schedule one today.

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Understanding OWI Causing Injury in Wisconsin

An Operating While Intoxicated (OWI) Causing Injury charge can change your life instantly. Unlike a standard OWI, Wisconsin law treats any impaired driving that results in injury as a criminal offense—even on a first charge. In serious cases, OWI Causing Injury can lead to felony charges, prison exposure, and long-term consequences beyond the criminal case.

At Chirafisi Anderson, S.C., we defend clients facing OWI injury charges throughout Southern and Central Wisconsin, including Dane, Rock, Jefferson, Columbia, Sauk, Iowa, and Green Counties. Our attorneys have decades of courtroom experience handling complex OWI cases involving injuries, multiple parties, and felony-level allegations.

Learn more about our Wisconsin OWI defense practice.

How Wisconsin Law Defines OWI Causing Injury

Under Wisconsin law, a person commits OWI Causing Injury when they operate a motor vehicle while under the influence of an intoxicant and cause injury to another person. The charge is governed primarily by Wis. Stat. § 346.63(2)(a).

Key points that define the offense:

Criminal on a first offense. Unlike standard OWI, an injury allegation immediately makes the case criminal—even with no prior OWIs.
Low threshold for “injury.” The statute defines injury broadly; even minor physical harm, pain, or temporary impairment may qualify.
Escalation based on history and harm. Prior OWI convictions increase exposure, and allegations of severe injury trigger separate felony statutes.
Separate statute for great bodily harm. Allegations of severe injury are prosecuted under Wis. Stat. § 940.25, not § 346.63.
Causation is required. The State must prove that the alleged injury was caused by the intoxicated operation—not merely that an accident occurred.

Whether the alleged harm legally qualifies as an “injury,” and whether intoxication actually caused it, are issues that often determine how these cases are charged and resolved.

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OWI Causing Great Bodily Harm in Wisconsin

Wisconsin law treats OWI Causing Great Bodily Harm as a separate and more serious offense than OWI Causing Injury. This charge applies when impaired driving results in injuries that meet Wisconsin’s heightened legal definition of “great bodily harm.”

Under Wis. Stat. § 940.25, Operating While Intoxicated Causing Great Bodily Harm is a Class F felony, carrying significantly greater prison exposure and long-term consequences than standard OWI Causing Injury.

What Qualifies as “Great Bodily Harm”

Under Wisconsin law, great bodily harm means injury that:

Creates a substantial risk of death, or
Causes serious permanent disfigurement, or
Results in permanent or protracted loss or impairment of the function of a bodily member or organ.

Examples may include traumatic brain injuries, internal organ damage, spinal injuries, or fractures requiring extensive medical intervention. Minor injuries, pain, or temporary impairment do not meet this standard.

Whether an injury legally qualifies as great bodily harm is often disputed and resolved through medical records, expert testimony, and causation analysis.

What the State Must Prove to Get a Conviction for an OWI Causing Injury Charge

To convict a person of OWI Causing Injury, the State must prove each element beyond a reasonable doubt. Unlike a standard OWI, this offense adds a critical third requirement: causation of injury.

Specifically, the prosecution must establish that:

Operation of a Motor Vehicle — You operated or controlled a vehicle on a public roadway.
At the time you operated a motor vehicle, your ability to do so was impaired by an intoxicant; and
Caused injury to another person as a result of that operation.

These elements are drawn from the Wisconsin Criminal Jury Instruction – Operating While Intoxicated Causing Injury (Wis JI–Criminal 2665).

Learn more about Operating with a prohibited alcohol concentration (PAC) and Operating with a restricted controlled substance charges which are commonly associated with a felony offense OWIs.

Penalties for OWI Causing Injury in Wisconsin

Penalties for OWI Causing Injury escalate quickly based on prior OWI history and severity of injury. Unlike a standard OWI, incarceration exposure begins immediately—even on a first offense.

Offense Level	Classification	Penalties
First OWI Causing Injury	Class A Misdemeanor	30 days up to 1 year in jail $300-$2,000 + court costs and surcharges 12 – 24 month License revocation Mandatory IID if above .15 BAC Mandatory AODA
Second OWI Causing Injury	Class H Felony	Up to 6 years imprisonment Up to a $10,000 fine + costs and surcharges 1 – 2 year license revocation + confinement time Mandatory IID Mandatory AODA
OWI Causing Great Bodily Harm	Class F Felony	Up to 12.5 years imprisonment Up to a $25,000 fine + costs and surcharges 2 years license revocation + time of confinement Mandatory IID Mandatory AODA

Enhanced penalties apply if the injured person was a minor passenger, and sentencing exposure may increase further depending on BAC level, number of victims, and prior OWI convictions.

Collateral Consequences

Permanent criminal or felony record visible to employers.
Higher insurance rates or policy cancellation.
Civil liability exposure if another driver or pedestrian was injured.
Immigration and travel complications.

For sentencing examples and county-level variations, see our Wisconsin OWI Sentencing Guidelines.

Defense Strategies for OWI Causing Injury in Wisconsin

OWI Causing Injury cases turn on causation, injury classification, and constitutional compliance. Our defense strategy is focused on the specific issues that determine whether these cases are reduced, amended, or dismissed.

Challenging Causation – The State must prove that intoxication caused the injury—not merely that an injury occurred. We challenge cases where injuries resulted from another driver, road conditions, mechanical failure, or unrelated factors.
Suppressing Chemical Test Evidence – Blood and breath results are frequently decisive. We examine whether testing complied with statutory, constitutional, and laboratory requirements and seek suppression when procedures were flawed.
Illegal Stop or Arrest – If the traffic stop or arrest lacked legal justification, all evidence obtained afterward—including chemical tests and injury allegations—may be excluded.
Injury Classification Challenges – Not all injuries qualify under Wisconsin law. We scrutinize medical records and timelines to challenge whether the alleged harm meets the statutory definition.
Prior-Conviction Challenges – For felony exposure, we verify whether prior OWI convictions are legally valid and countable under Wisconsin law.

Why Hiring an OWI Causing Injury Lawyer Matters

Facing an OWI Causing Injury charge is serious. These cases go beyond a standard OWI and often involve allegations of bodily harm, complex causation issues, medical evidence, and enhanced penalties—including felony exposure. Early, experienced legal representation is critical to protecting your freedom, record, and future.

The attorneys at Chirafisi Anderson, S.C. have the experience and proven results to defend clients charged with OWI Causing Injury throughout Southern and Central Wisconsin. We understand how prosecutors build these cases—and where they break down.

Focused OWI Injury Defense. We challenge whether intoxication actually caused the alleged injury, whether the injury meets the statutory definition, and whether intervening factors undermine the State’s case.

Proven Courtroom Experience. Our attorneys bring decades of trial experience handling serious OWI cases, including injury and great bodily harm allegations, felony charges, and multi-victim cases.

Local Knowledge That Matters. We regularly defend OWI injury cases in local courts and understand how judges and prosecutors approach charging decisions, restitution, and sentencing outcomes.

OWI Causing Injury Case Result

OWI / PAC Causing Injury – Vernon County (March 2023)

Result: Blood-Test Result Suppressed

View more OWI case results

Get Help With an OWI Causing Injury Charge

An OWI Causing Injury charge can carry jail or prison time, a permanent criminal record, and long-term consequences that affect every part of your life. The outcome of your case will depend on how quickly and effectively it is defended. Call Chirafisi Anderson, S.C. today to speak with an experienced OWI defense attorney. We offer free consultations and represent clients throughout Southern and Central Wisconsin, including Dane, Rock, Jefferson, Columbia, Dodge, Sauk, Iowa, and Green Counties.

(608) 250-3500 Schedule a Free Consultation

Frequently Asked Questions — OWI Causing Injury in Wisconsin

Not always. A first-offense OWI causing injury is typically charged as a Class A misdemeanor. However, second or subsequent offenses and cases involving great bodily harm are charged as felonies with significant prison exposure.

Yes. The prosecution must prove that intoxication caused the injury, not merely that an accident occurred while the driver was impaired. If the injury resulted from another driver, road conditions, or an unrelated event, the charge may be reduced or dismissed.

Wisconsin law defines “injury” broadly. Even minor pain, discomfort, or temporary impairment may satisfy the statute. That said, minor injuries are often aggressively challenged, particularly where medical records or causation evidence is weak.

Jail exposure exists even on a first offense. Whether incarceration is imposed depends on factors such as injury severity, causation evidence, BAC, and county sentencing practices. Early legal representation can significantly affect the outcome.