Wisconsin is known for a lot of things — cheese, football, and beer. The state has one of the highest rates of alcohol consumption in the country, with about one in five adults reporting binge drinking. That culture runs deep — but when drinking turns into driving, it creates real harm. In 2022 alone, alcohol played a role in over 7,400 crashes, resulting in more than 3,500 injuries and 172 deaths, according to the Wisconsin DOT.
If you’ve been hit by a drunk driver, you’re dealing with far more than a damaged vehicle. You’re likely facing medical bills, missed work, and the emotional fallout of someone else’s reckless choice. You might also be asking: what happens next?
Will the driver be charged?
What are your rights?
How does Wisconsin law handle these kinds of motor vehicle cases?
In most cases, officers at the scene will begin investigating the crash and may arrest the suspected drunk driver if there is evidence of impairment.
This guide walks you through it. We’ll break down the legal consequences of OWI in Wisconsin, explain the difference between criminal charges and civil claims, and show how victims can seek justice and compensation with a car accident lawyer after a drunk driving accident in Wisconsin.
Wisconsin Drunk Driving Laws: A Quick Overview
Wisconsin uses the term OWI (Operating While Intoxicated) instead of DUI, but the idea is the same: it’s illegal to drive while impaired by alcohol or drugs. The state’s drunk driving laws are strict, especially when someone else is injured as a result.
Under Wisconsin law, a driver is considered legally impaired if their blood alcohol concentration (BAC) is 0.08% or higher. In most cases, this 0.08% BAC limit applies unless there are aggravating factors, such as prior convictions or certain circumstances. For commercial drivers, the threshold is 0.04%. And for drivers under the age of 21, Wisconsin follows a zero-tolerance policy. This means any detectable alcohol can result in penalties.
The seriousness of OWI charges increases with each offense:
- A first offense is typically a civil violation, not a criminal misdemeanor — unless there’s a minor passenger or someone is hurt.
- A second offense or more becomes a criminal matter, with mandatory jail time and longer license revocations.
- If the OWI leads to injury or death, the driver may face felony charges, steep fines, and prison time — even if it’s their first offense.
Examples of escalating penalties include longer jail sentences, higher fines, and extended license revocation periods for each subsequent offense or for drivers with a higher BAC.
Penalties increase considerably for commercial drivers or repeat offenders, reflecting the escalating consequences for those with prior convictions or higher BAC levels.
These criminal penalties are separate from the civil consequences an impaired driver may face in a personal injury lawsuit, but together, they show how seriously Wisconsin treats DUI cases that put others at risk. In addition, the judge may order the installation of an ignition interlock device as part of sentencing for certain offenders.
Causes and Consequences of Drunk Driving
Drunk driving remains one of the most dangerous offenses on Wisconsin roads, with consequences that can change lives in an instant. The causes behind a drunk driving crash are often complex — ranging from impaired judgment after consuming alcohol, to a culture that sometimes downplays the risks of driving under the influence.
In some cases, drivers may not fully understand the dangers or may believe they are still capable of operating a motor vehicle safely, even when well over the legal limit.
A Sad Reality of Drunk Driving in Wisconsin
A public and tragic example of these consequences unfolded when Scott Farmer, with a blood alcohol content (BAC) of 0.346 percent — more than four times Wisconsin’s legal limit — drove his truck the wrong way and crashed into an SUV carrying four siblings: Daniel Gonzalez, Fabian Gonzalez, Lilian Gonzalez, and Daniela Gonzalez.
The crash killed all four, devastating their family and the wider community. Their father, Kurt Schilling, a pastor at Emmaus Lutheran Church, and their mother, Paulina, were left to grieve the unimaginable loss of their children, while friends, classmates, and church members struggled to process the tragedy.
Drunk Driving and The Far-Reaching Aftermath
The aftermath of a drunk driving accident like this extends far beyond the immediate injuries or loss of life. Families face emotional trauma, financial hardship, and the challenge of rebuilding their lives. Communities, too, feel the impact, as the loss of young lives like the Gonzalez siblings leaves a lasting mark.
Wisconsin courts treat these offenses with the seriousness they deserve. Penalties for Operating While Intoxicated (OWI) can range from fines and license revocation for a first offense, to jail time and even homicide charges if a crash results in death.
In Scott Farmer’s case, he pleaded no contest to four counts of homicide by intoxicated use of a motor vehicle and received a lengthy prison sentence, reflecting the severe consequences of his actions. The use of ignition interlock devices is also a common requirement for those convicted of OWI. This helps prevent future offenses by making sure drivers are sober before starting their vehicles.
Criminal Charges for Drunk Drivers
In Wisconsin, most people say DUI out of habit. But legally, the state uses the term OWI — Operating While Intoxicated. It’s more precise and covers not just alcohol but any substance that impairs a driver’s ability to operate a vehicle safely.
When a drunk driving car accident causes injury or death, the charges escalate fast. These traffic violations are considered felony offenses. Depending on the circumstances, a driver may face:
- Class H or F felony charges for causing injury while intoxicated
- Class D felony charges for homicide by intoxicated use of a vehicle
- Long-term license revocation, typically 2 years or more
- Mandatory jail or prison time, starting with a minimum of 30 days and ranging up to 25 years for the most serious offenses
At the scene, officers are responsible for investigating the incident, gathering evidence, and may arrest the suspected drunk driver if there are signs of impairment or probable cause.
In these drunk driving cases, multiple agencies may get involved. Police collect evidence at the scene — field sobriety tests, BAC readings, and witness statements. Prosecutors then decide which charges to file based on the facts and severity of harm. The criminal courts handle the rest, determining guilt, sentencing, and potential plea deals. The judge determines sentencing based on the severity of the offense and the circumstances of the case.
But even when the criminal case moves forward, victims often still need help getting compensated. That’s where the civil side of the law takes over.
Civil Cases After a Drunk Driving Accident
When someone is injured or killed in a drunk driving accident in Wisconsin, the criminal charges are only part of the picture. The victim — and their family — can also bring a civil lawsuit to seek financial compensation.
These cases are typically filed as personal injury or wrongful death claims, depending on the outcome of the crash. Examples of typical claims include compensation for medical expenses, lost wages, pain and suffering, and, in the case of wrongful death, funeral costs and loss of companionship.
The goal isn’t to punish the driver. That’s the job of the criminal courts. Instead, civil cases focus on recovery: medical costs, lost income, funeral expenses, and the lasting pain caused by the crash.
Civil Cases vs Criminal Cases in Drunk Driving Accidents
Know that civil and criminal cases are entirely separate. A person can be sued even if they aren’t convicted of a crime. That’s because the burden of proof is lower in civil court. While prosecutors must prove guilt “beyond a reasonable doubt,” injury attorneys only need to show that the driver was more likely than not responsible.
That means:
- You don’t need to wait for a conviction to file a lawsuit.
- You don’t need to win the criminal case to win the civil one.
- You can pursue compensation even if the driver pleads to a lesser charge.
In short, drunk driving cases are about more than jail time. They’re also about justice—and getting victims the support they need to move forward.
If you or a loved one has been affected by a drunk driving accident, discuss your situation with a qualified attorney to better understand your legal options.
What Compensation Can Victims Recover?
If you’ve been injured in a drunk driving accident in Wisconsin, the law gives you the right to seek financial compensation through a civil claim. The amount and type of compensation depend on the nature of your injuries and the impact the crash has had on your life. Examples of compensation you may recover include medical bills, lost wages, and pain and suffering.
There are three main categories of damages:
1. Economic Damages
These cover the direct, measurable costs tied to the accident:
- Medical expenses (emergency care, surgeries, rehab, ongoing treatment)
- Lost wages if you can’t work during recovery—or permanently
- Property damage to your vehicle or other belongings
2. Non-Economic Damages
Not every consequence of a crash shows up on a receipt. Non-economic damages account for the deeper, personal toll:
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life or ability to engage in everyday activities
3. Punitive Damages
In some Wisconsin drunk driving accident cases, courts may award punitive damages—not to compensate, but to punish. These apply when the driver’s behavior was especially reckless, such as driving with a very high BAC or having multiple past DUI convictions. They send a clear message that this kind of negligence won’t be tolerated.
Every case is different, but together these damages are designed to help victims rebuild, recover, and move forward with a sense of justice.
What to Do If You’ve Been Hit by a Drunk Driver
Moments after a crash, everything can feel like a blur. But if you’ve been in a drunk driving accident in Wisconsin, what you do next can shape your recovery—physically, legally, and financially.
If you have questions or need help after your accident, submit our contact form or reach out for a free consultation.
1. Call the police and get medical care.
Even if you don’t feel seriously hurt, call 911. A police report is critical in DUI cases. It creates an official record, which often includes signs of impairment, field sobriety tests, or BAC results. Then, get checked out by a doctor. Some injuries take hours—or days—to fully appear.
2. Don’t talk to the other driver’s insurance company.
You may get a call from their insurer soon after the crash. Don’t give a recorded statement or accept any offers. Insurance companies are protecting their own bottom line, not your recovery.
3. Start collecting evidence.
Save every medical bill, prescription, repair estimate, and missed paycheck. Take photos of your injuries, the crash site, and vehicle damage. Keep a journal if pain or trauma is affecting your daily life.
4. Talk to a Wisconsin drunk driving accident attorney.
The earlier you get legal support, the more options you’ll have. A lawyer can explain your rights, manage communication with insurers, and start building your case while evidence is still fresh.
Every drunk driving case is different—but you don’t have to face it alone.
Preventing Drunk Driving
Preventing drunk driving requires more than just strict penalties. It means addressing the underlying factors — educating drivers about the real dangers of impairment, promoting responsible choices, and supporting law enforcement efforts like sobriety checkpoints. By raising awareness and fostering a culture that values safe driving, Wisconsin can protect more families from the heartbreak of a drunk driving crash.
If you or someone you love has been affected by a drunk driving accident, seek support — whether from a lawyer to help navigate the legal process, a doctor for medical care, or a support group to process the emotional impact. Together, we can work to reduce the number of lives lost to drunk driving and build safer roads for everyone.
How a Drunk Driving Accident Lawyer in Wisconsin Can Help
After a serious crash, it’s easy to feel overwhelmed — especially when the other driver was drunk. A drunk driving accident lawyer in Wisconsin steps in to handle the legal side of things, so you can focus on healing.
Investigation
That starts with a full investigation. While police reports and BAC test results are a starting point, your attorney will dig deeper — reviewing crash scene evidence, interviewing witnesses, and examining things like dash cam footage or cell phone records. In some cases, they may bring in accident reconstruction experts to strengthen your claim.
An experienced lawyer also knows how to work within the legal system, whether the at-fault driver is facing criminal charges or not. Civil and criminal cases often move on different timelines. Your lawyer will protect your rights and push your case forward, regardless of what’s happening in court.
Negotiations
Insurance companies may offer quick settlements but they’re rarely fair. A Wisconsin drunk driving accident attorney knows how to negotiate for the compensation you actually need, not just what’s convenient for the insurer.
Represent You in Court (If Necessary)
And if a fair offer doesn’t come? They’re prepared to take your case to trial. Strong trial lawyers don’t build cases, yes, but make it clear that they’re ready to fight, which often leads to better settlements.
Legal support can make all the difference after a drunk driving crash — and the sooner you involve a lawyer, the stronger your case can be.
Fighting for Accountability After a Drunk Driving Accident
Drunk driving accidents leave more than just physical damage. They shake your sense of control, trust, and safety. Wisconsin’s laws are built to hold reckless drivers accountable, but justice doesn’t happen automatically. It takes action. And it takes the right support.
If you or someone you love has been hurt by a drunk driver, know this: you have the right to seek answers, accountability, and real financial recovery. And you don’t have to go it alone.
Midwest Injury Lawyers represents victims in drunk driving accident cases across Wisconsin. We take your case seriously, and we don’t back down.
Call today for a free consultation and let’s talk about what comes next. Contact us now!