OWI Causing Injury Charge in Wisconsin
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Madison, WI
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OWI Causing Injury Attorney in Madison, WI
Facing an OWI Charge Involving Injury? The Stakes Are High in Wisconsin
In Wisconsin, operating a motor vehicle while intoxicated (OWI) is always taken seriously—but when the offense results in injury to another person, the legal consequences become much more severe. Judges often remark during sentencing how “lucky” some first-time offenders are when no one is hurt. Unfortunately, if someone is injured, the penalties escalate significantly and incarceration becomes much more likely.
OWI Causing Injury Attorney in Madison, WI
Whether the injury is minor or results in great bodily harm, you may be facing misdemeanor or felony charges, each with its own set of mandatory minimum penalties and long-term consequences. At DK Anderson, S.C., we provide experienced, aggressive, and affordable representation for individuals charged with OWI causing injury in Madison and across southern Wisconsin.
Misdemeanor OWI Causing Injury (First Offense OWI)
Under Wis. Stat. § 346.63(2)(a)1, if you cause injury while operating under the influence and have no prior OWI convictions, you may be charged with a criminal misdemeanor. This is a serious offense with mandatory jail time.
Penalties for Misdemeanor OWI Causing Injury:
• 30 days to 1 year in jail
• Fine between $300 and $2,000
• Driver’s license revocation for 1 to 2 years
• Ignition Interlock Device (IID) requirement for 1 to 2 years
• Mandatory AODA (Alcohol and Other Drug Abuse) assessment
If a passenger under 16 is in the vehicle, penalties may be doubled. Having a skilled OWI attorney can make the difference in minimizing these consequences or negotiating alternative sentencing where appropriate.
Talk to an attorney who handles OWI causing injury cases
Felony OWI Causing Injury with a Prior Conviction
If you cause injury while driving under the influence and have a prior OWI conviction or chemical test refusal, you face a Class H felony under Wis. Stat. § 346.63(2)(a)2.
Penalties for Felony OWI Causing Injury (Class H Felony):
• Up to 6 years in prison
• Fine up to $10,000
• Driver’s license revocation for up to 2 years after release from confinement
• Mandatory Ignition Interlock Device (IID)
• Mandatory AODA assessment
These penalties are enhanced if a minor child under 16 is in the vehicle, and the restrictions on obtaining an occupational license are much more stringent.
OWI Causing Great Bodily Harm: Class F Felony
If someone suffers great bodily harm as a result of your intoxicated driving, you will likely be charged under Wis. Stat. § 346.63(2)(a)3 with a Class F felony.
“Great bodily harm” is defined as an injury that:
• Creates a substantial risk of death
• Causes serious permanent disfigurement
• Causes permanent or protracted loss or impairment of any bodily function
Penalties for OWI Causing Great Bodily Harm (Class F Felony):
• Up to 12.5 years in prison
• Fine up to $25,000
• 2-year driver’s license revocation
• Mandatory IID and AODA assessment
Even if probation is granted in felony OWI cases, you will still be required to serve mandatory minimum jail time, which may be months in duration.
Why You Need a Skilled OWI Injury Defense Attorney
OWI cases involving injury are complex and require a strategic legal defense. Prosecutors will often pursue maximum penalties, especially in cases involving injury to children, multiple victims, or high blood alcohol concentrations.
At DK Anderson, S.C., we thoroughly analyze every element of your case:
• Was the injury directly caused by intoxicated driving?
• Were field sobriety tests or blood/breath tests administered properly?
• Were your constitutional rights violated during the stop or arrest?
• Is there an opportunity to challenge causation, reduce the charges, or negotiate for an alternative sentence?
Our attorneys are highly experienced in OWI injury cases across Dane, Rock, Jefferson, Sauk, and Green Counties.
Contact DK Anderson, S.C. – Madison’s Trusted OWI Injury Defense Attorneys
Being charged with OWI causing injury in Wisconsin is not a situation you can afford to face alone. The legal consequences are severe, and your freedom, license, and future are at stake.
Let us help you take control of your defense. We offer free consultations and serve clients throughout Madison, Monroe, Janesville, and surrounding counties.
📞 Call Today: (608) 204-5807
Frequently Asked Questions - OWI Causing Injury Charge in Wisconsin
It depends. If it’s your first OWI and the injury is not severe, it may be a misdemeanor. However, any prior OWI conviction or an injury that meets the definition of “great bodily harm” elevates the charge to a felony.
In some cases, yes—but even if granted, probation typically includes mandatory jail time. The sentence may also include long-term monitoring, treatment, and other conditions.
An injury that poses a substantial risk of death, causes permanent disfigurement, or results in long-term loss of function of a body part or organ.
Yes. License revocation periods range from 1 to 2 years for misdemeanors and longer for felony cases. Revocation typically starts after any incarceration ends.
Absolutely. OWI causing injury—even as a first offense—is a criminal misdemeanor and carries jail time and long-term consequences. A skilled attorney may be able to reduce the charge or mitigate the sentence.
Our Practice Areas
Drunk Driving
Whether you are charged with a first offense, or a fifth offense, our Wisconsin OWI attorneys can help.
Violent Crimes
A conviction for any one of Wisconsin's violent crimes will have significant consequences.
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Domestic Violence
A conviction for a domestic violence charge in Wisconsin has additional consequences.
Property Crimes
Wisconsin property crimes include theft, forgery, and criminal damage to property.
Sex Offenses
Not much will change your life like a conviction for one of Wisconsin's sex offense charges.
Traffic Citations
Although less serious than a criminal charge, a traffic citation can effect your driver's license.