An individual who kills another human being while intoxicated or driving carelessly will likely be charged with vehicular homicide.
Vehicular homicide can include any motor vehicle that is instrumental in someone’s death. This includes any vehicle that is intended to transport people and property on the road and is self-propelled, such as buses (both personal and commercial), trucks, passenger vehicles, taxis, and motorcycles.
In Wisconsin, two kinds of vehicular homicide are known. They are “homicide by intoxicated use of a vehicle” and “homicide by negligent operation of a vehicle.” Homicide by intoxicated use of a vehicle happens when an individual kills someone else while driving intoxicated by alcohol or drugs. On the other hand, homicide by negligent operation is rightly described as causing the death of another person through criminally negligent operation or handling of a car.
A vehicular homicide is considered a criminal negligence when an individual acts with criminal negligence by doing something the individual should understand leads to a large and unfair risk of death or great bodily harm to someone else.
A vehicular homicide is considered intoxicated when the driver is affected by alcohol, drugs, or a combination of the two to an extent which leaves the driver unable to safe launch operation. Also, a vehicular homicide is considered intoxicated when the driver has a blood alcohol concentration (BAC) of .08% or higher (.04% for commercial drivers), or the driver has a noticeable quantity of a controlled substance in the blood.
Vehicular Homicide Penalties in Wisconsin
In Wisconsin, the penalties for a vehicular homicide conviction depend on the conditions. But generally, the probable penalties include:
- Homicide by intoxicated operation: Vehicular homicide classified with driving while intoxicated is normally a class D felony. Convicted individuals face up to 25 years in jail and/or an utmost $100,000 in fines. Nevertheless, if the individual being convicted has at least one previous DWI conviction or DWI-related license revocation or suspension, the recent offense will be a class C felony. Class C felonies come with almost 40 years in jail and/or an utmost $100,000 in fines.
- Homicide by negligent operation: Vehicular homicide classified with negligent operation is usually a class G felony. This law also includes the death of an unborn child. Homicide by negligent operation conviction comes with almost 10 years in prison and/or an utmost $25,000 in fines.
A vehicular homicide conviction in Wisconsin leads to a license revocation of a year. And, depending on the circumstances, the driver may be required to install an ignition interlock device (IID).
Sentencing law is multifaceted. For instance, a statute might list the least amount of prison sentence that’s longer than the real amount of time a defendant will have to spend in prison. All types of factors can affect definite penalty, including jail-alternative work programs and credits for excellent in-custody behavior.
When you’re charged with vehicular homicide in Wisconsin, it’s extremely frightening. And if you’re convicted of it, you’ll be facing stern penalties. If you face criminal charges, consult an experienced criminal defense lawyer. A lawyer with command of the rules in your jurisdiction will be able to clarify the law as it applies to your circumstance.
A vehicular homicide conviction can have serious consequences. If you’ve been arrested for vehicular homicide – or any other crime – get in contact with the criminal defense lawyers at Mullen Schlough & Associates S.C. right away. The facts of every case are dissimilar. The seasoned defense lawyers at Mullen Schlough & Associates S.C. can explain how the law applies to the facts of your case and help you decide on the best course of action.