DUI Causing Injury or Death: What Next?

: DUI Causing Injury or Death - Carlos Gamino
drinking and driving ** Note: Shallow depth of field

By Carlos Gamino

Driving under the influence of alcohol or drugs is serious—so serious that in the state of Wisconsin, you could face time in prison if the court convicts you.

But the penalties become even tougher when someone is injured or killed.

The prosecution must prove that your driving caused the victim’s death and that you were actually under the influence. For most people, it makes sense to work with a Milwaukee DUI attorney with experience in these types of cases.

DUI Causing Injury or Death: The Definition

Under Wisconsin law, in order for a jury to convict you of DUI causing injury or death, you must have either caused great bodily harm to another person (or an unborn child) by operating a vehicle while you were under the influence of an intoxicant or a controlled substance, or you had a blood alcohol concentration higher than 0.04 percent.

The law also says that the jury can convict you of homicide by intoxicated use of a vehicle if you operated a vehicle and your operation of that vehicle caused the victim’s death, provided that you were under the influence of a controlled substance or alcohol at the time of the incident.

What Happens Next?

If you were driving under the influence of alcohol or intoxicants and the prosecutor proves that to the court, the penalties will depend on whether you injured or killed the victim.

A DUI causing injury is a Class F felony, which means you can spend up to 7 years, 6 months in prison and an additional 5 years under supervision.

A DUI causing death is a Class D or Class C felony; it depends on whether you have prior DUI offenses. A Class D felony carries a penalty of up to 25 years in prison, while a Class C felony can put you behind bars for up to 40 years.

Do You Need to Talk to a Wisconsin DUI Lawyer About an Accident?

If you’re facing either of these charges, we may be able to help you. Call our Milwaukee DUI defense attorneys at 414-383-6700 or 262-650-6700, or get in touch with us online for a free case review right away.

Carlos Gamino