Homicide by Intoxicated Use of a Vehicle Defense Lawyer in Wisconsin
Charged with OWI Homicide? A conviction for homicide by intoxicated use of a vehicle is a Class D or C felony with a mandatory minimum of five years of initial confinement. Call Chirafisi Anderson, S.C. today to start your defense – Free Consultations.
What the Law Says About Homicide by Intoxicated Use of a Vehicle
Under Wis. Stat. § 940.09(1), a person commits homicide by intoxicated use when the operation of a vehicle – while impaired, over the legal alcohol limit, or with a restricted controlled substance in the blood – results in another person’s death.
Unlike reckless or negligent homicide, this offense does not require proof of intent or recklessness – only that the death occurred during intoxicated operation. Penalties are severe, carrying a mandatory minimum prison term and lifetime consequences.
At Chirafisi Anderson, S.C., our attorneys defend clients accused of OWI-related homicides throughout Southern and Central Wisconsin, including Dane, Rock, Jefferson, Columbia, Sauk, Iowa, and Green Counties. We have decades of courtroom experience handling complex vehicular-homicide cases involving accident reconstruction, toxicology, and constitutional litigation.
Types of Homicide by Intoxicated Use Cases Under § 940.09(1)
Wisconsin recognizes several forms of homicide by intoxicated use, each with distinct elements but similar penalties. Prosecutors often file multiple counts arising from the same incident.
- Under the Influence of an Intoxicant — § 940.09(1)(a)
- Requires proof that your ability to safely operate was materially impaired by alcohol, drugs, or another intoxicant.
- Prohibited Alcohol Concentration (PAC) — § 940.09(1)(b)
- Focuses solely on chemical proof that your blood alcohol concentration was 0.08 or higher at the time of operation, regardless of impairment.
- Restricted Controlled Substance — § 940.09(1)(am)
- A strict-liability offense based on the presence of a detectable amount of a restricted controlled substance such as THC, methamphetamine, or GHB, even without observable impairment.
- Commercial Motor Vehicle (CMV) Operation — § 940.09(1)(bm)
- Applies when operating a commercial vehicle with an alcohol concentration of 0.04 or greater but less than 0.08. These cases raise unique evidentiary and regulatory issues.
- Causing the Death of an Unborn Child – § 940.09(1)(c-e)
- Under any of the same intoxication or concentration circumstances above.
Prosecutors may charge multiple subsections simultaneously (for example, both “under the influence” and “PAC”) for the same incident under § 940.09(1m). Even if several theories are filed, there can be only one conviction and sentence for the incident.
To learn more about OWI laws in Wisconsin visit our OWI Defense page.
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What the State Must Prove to Get a Conviction for OWI Homicide
To convict, prosecutors must prove each element beyond a reasonable doubt:
- You operated a “vehicle.”
- Your operation caused the death of another (your actions were a substantial factor in the death).
- You were under the influence, had a prohibited alcohol concentration, or had a detectable restricted controlled substance in your blood at the time of operation.
Test results within three hours of driving are admissible to show your level at the time of operation, but jurors must evaluate all the evidence when determining impairment.
These elements are detailed in Wisconsin Jury Instruction – Criminal 1185 Homicide by Operation of a Vehicle While Under the Influence
Penalties and Sentencing – Homicide by Intoxicated Use of a Motor Vehicle in Wisconsin
|
Type of Offense |
Felony Class |
Maximum Penalty |
Mandatory Minimum |
|---|---|---|---|
|
Standard violation of § 940.09(1) |
Class D Felony |
Up to 25 years imprisonment + $100,000 fine |
5 years initial confinement, unless the court states a compelling reason for less |
|
With any prior OWI/PAC/refusal (counted under § 343.307(2)) |
Class C Felony |
Up to 40 years imprisonment + $100,000 fine |
5 years initial confinement, unless the court states a compelling reason for less |
|
Involving a minor passenger or unborn child |
Class C Felony |
Up to 40 years imprisonment + $100,000 fine |
5 years initial confinement, unless the court states a compelling reason for less |
Additional Consequences
- Lifetime driver’s-license revocation;
- Ignition Interlock Device requirement under § 343.301;
- Civil liability exposure; and
- Permanent loss of firearm rights due to felony conviction.
Sentencing courts also consider intoxication levels, driving behavior, remorse, criminal history, cooperation, and rehabilitative efforts. Even a single lapse in judgment can lead to long-term incarceration and permanent revocation of driving privileges.
For sentencing examples and county-level variations, see our Wisconsin OWI Sentencing Guidelines.
Defenses and Legal Strategies for Homicide by Intoxicated Use of a Motor Vehicle in Wisconsin
Affirmative Defenses Under § 940.09(2)
Wisconsin recognizes two statutory defenses unique to OWI-related homicide cases:
Both defenses are fact-intensive and often require expert testimony in toxicology, pharmacology, and accident reconstruction to establish causation and rebut the prosecution’s narrative.
Why Hiring a Homicide by Intoxicated Use Defense Lawyer Matters
Facing a homicide by intoxicated use charge is one of the most serious situations in Wisconsin criminal law. These cases combine OWI science, homicide law, and sentencing mandates. The attorneys at Chirafisi Anderson, S.C. have the experience, experts, and trial record needed to protect your rights at every stage.
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Contact Chirafisi Anderson, S.C.
Charged under Wis. Stat. § 940.09(1) with Homicide by Intoxicated use (OWI Homicide)? Don’t wait. Early involvement allows your defense team to preserve evidence, consult experts, and identify legal defenses before critical deadlines. Call or Schedule a Free Consultation