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Gimbel, Reilly, Guerin & Brown, LLP

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Homicide by Intoxicated Use of a Vehicle (OWI-DUI Homicide)

Wisconsin accident attorney, Wisconsin wrongful death lawyerWhen you make the mistake of driving while under the influence and then experience an accident that ultimately results in the death of another, the lives of two families are significantly altered: the victims, and yours. The type of impact is very different, however. For the victim’s family, there is the grief of losing a loved one. For you and your family, there is the guilt that often follows such accidents, the possibility of a prison sentence, and lives that are forever altered by the consequences of a criminal record. Each must find their own road to healing. Yours should begin with skilled legal representation for your OWI-DUI homicide case.

What Constitutes an OWI-DUI Homicide in Wisconsin

Although you had no intention of killing anyone, your alleged use of an intoxicant is, by legal statutes, considered reckless and/or negligent behavior. It is this factor that turns an accident into a homicide. Of course, this places a stipulation on the prosecution: they must be able to prove, beyond a reasonable doubt, that you were intoxicated above the legal limit, and that your behavior directly caused the death of another. This can be a critical element in your case. In some cases, it may even mean the difference between exoneration and severe penalties in an OWI-DUI accident case.

Consequences of an OWI-DUI Homicide in Wisconsin

Wisconsin state law classifies OWI-DUI homicide as a Class D felony for those with a clean DUI record. Those who have a previous DUI conviction stand to face charges under a Class C felony. Both have serious penalties, which include.

  • Fines of up to $100,000;
  • A $365 OWI surcharge;
  • Prison (up to 25 years for a Class D felony and up to 40 years for a Class C felony);
  • License revocation for up to five years; and
  • Mandatory installation of an Ignition Interlock Device (IID).

It is also important to note that the law considers each death a separate offense. This can be especially devastating for those who are convicted of charges for an accident that had more than one victim, which may even include a mother and an unborn child as separate victims.

Contact an Aggressive Wisconsin Criminal Defense Attorney

Charges for an OWI-DUI homicide are among some of the most serious you can face in the state of Wisconsin, but you do not have the face them alone. With the help of an aggressive criminal defense attorney, you may be able to keep your mistake from permanently destroying your life. In fact, even in what may seem like the worst of circumstances, there may be defenses that can be used to mitigate your charges. Depending on the circumstances, it may even be possible to have your charges dismissed.

At Gimbel, Reilly, Guerin & Brown, LLP, we understand how much you stand to lose in your criminal case. Backed by more than 40 years of experience, our Milwaukee, Wisconsin criminal defense lawyers fight aggressively to defend your rights and will always pursue the most favorable outcome possible for your situation. Get the skilled representation you deserve. Call 414-271-1440 and schedule a consultation today.

 

Sources:

http://host.madison.com/wsj/news/local/crime-and-courts/motorist-charged-with-homicide-in-road-death-of-cyclist/article_2c57f68f-da27-52c5-85f0-f725fc92b3bb.html

http://docs.legis.wisconsin.gov/statutes/statutes/940/I/09

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