Vehicular manslaughter while intoxicated could lead to a Class D felony, or up to 25 years in prison and/or a fine up to $10,000 for first-offense convictions.  It also carries a presumptive minimum sentence of at least 5 years of initial confinement in prison.   

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Milwaukee DUI Attorney Explains Vehicular Manslaughter DUI Laws in Wisconsin

There are various types of Vehicular Manslaughter, including Vehicular Manslaughter with Gross Negligence, Involuntary Vehicular Manslaughter and Vehicular Manslaughter While Intoxicated.

In Wisconsin, Vehicular Manslaughter (not under the influence) is a Class G felony. If you’re charged with vehicular manslaughter in Milwaukee or elsewhere in Wisconsin, you face stiff financial penalties along with up to 10 years behind bars. Vehicular manslaughter exceeds the threshold of Vehicular Homicide by Negligent Operation and is prosecuted to the highest degree. However, Vehicular Manslaughter While Intoxicated is more serious.

Our criminal defense attorneys have negotiated multiple felonies down to misdemeanors, non-criminal tickets and outright dismissal of charges. Through negotiation or jury trial our Wisconsin criminal defense attorneys faithfully represent your interests to the fullest under criminal law. 

Read below as one of the very best DUI attorneys in Milwaukee area explains vehicular manslaughter DUI laws in Wisconsin.

Learn more about OWI Statistics in Wisconsin 

Penalties for Vehicular Manslaughter While Intoxicated (No Prior OWI-Related Convictions)

If you are charged with Vehicular Manslaughter While Intoxicated in Milwaukee or elsewhere in the state but have no previous OWI-related convictions you face a Class D felony.

If you’re charged with a Class D felony for Vehicular Manslaughter While Intoxicated in Milwaukee or elsewhere in Wisconsin you face: 

• Up to $100,000 in fines 
• $435 “driver improvement” surcharge 
• Up to 25 years in prison, with a presumptive minimum sentence of at least 5 years of initial confinement in prison 
• 5 years driver’s license revocation in addition to prison sentence 
• Up to 2 years after prison term of a mandatory IID (if BAC was above .15 at time of arrest) 
• 120 day wait period before eligible to apply for an Occupational License

In addition to state-mandated Class D felony penalties, those charged with Vehicular Manslaughter While Intoxicated face additional driving-related penalties, including mandatory ignition interlock device (IID) installation in any vehicle registered in your name. 

Penalties for Vehicular Manslaughter While Intoxicated (With Prior OWI-Related Convictions)

Prior drunk driving convictions could include refusing a field sobriety test or a BAC blood test, even if the charge did not result in a first-offense OWI conviction. If you were previously charged with a DUI in Wisconsin, you will be charged with a Class C felony for Vehicular Manslaughter While Intoxicated which carries the same penalties as above plus: 

• Up to 40 years in prison, with a presumptive minimum prison sentence of at least 5 years of initial confinement 

Penalties for Vehicular Manslaughter While Intoxicated (With 2+ OWI-Related Convictions)

If you have two or more OWI-related convictions within the past 5 years, you face all the same penalties as above with additional restrictions including:

• 1 year waiting period before eligible to apply for Occupational License, and you must maintain absolute sobriety at all times to retain it.
• Driver’s license revocation & mandatory IID for 10 years following a prison sentence

Penalties are escalated further if there was a pregnant woman or child under the age of 16 in your vehicle at the time of the crash.

Milwaukee DUI attorney Tom Grieve is an award-winning, nationally recognized attorney who has helped numerous clients beat serious DUI charges in Wisconsin like Vehicular Manslaughter While Intoxicated. The specific facts of your case will control the likelihood of each outcome. 

Whether you’ve been charged with a 1st DUI in Milwaukee or Vehicular Manslaughter While Intoxicated in Waukesha, drunk driving charges change your life forever.

Could you be facing FELONY charges?

The severity of your crime will determine how intense and lengthy your penalties are. Hiring a knowledgeable criminal defense attorney is one of the best ways to help get your maximum penalty charges minimized. 

Tom Grieve can help with: 

• Hit and Run involving a fatality - Someone who's been charged with a Class D Felony for a Hit and Run that resulted in a fatality would face penalties of 25 years in prison and up to $100,000 in fines.
• Homicide by negligence with firearms or motor vehicles - A homicide by negligence with firearms or motor vehicles is seen as a Class G Felony in Wisconsin. A Class G Felony in Wisconsin will result in 10 years of state prison time and $25,000 in fines.
• OWI Vehicular homicide with a previous OWI conviction - Being charged with OWI Vehicular homicide with a previous OWI conviction will result in a Class C felony charge. These types of charges include fines up to $100,000 and potentially 40 years in state prison.

 

Contact Wisconsin DUI defense lawyer Tom Grieve now to schedule your FREE case assessment.