An OWI homicide charge is one of the most serious criminal accusations a person can face in Wisconsin. The consequences can alter the course of your entire life, and many people feel overwhelmed when police begin questioning them.
If you or someone you love is accused of causing a fatal crash while under the influence in Wisconsin, you need immediate legal protection from an OWI homicide lawyer who understands the law, the science, and the high stakes involved.
Nero DUI Defense focuses exclusively on OWI and DUI cases.
Our team is here to guide you through every step of the legal process, protect your rights from the beginning, and build the strongest defense possible. You deserve an attorney who will not judge you, who will listen, and who will fight for your future.
What Is OWI Homicide in Wisconsin?
An OWI homicide charge can be brought against you after any fatal vehicle crash where police believe alcohol or drugs played a role. Even a small error in judgment, a moment of inattention, or a misunderstanding at the scene can lead to charges that carry decades in prison.
Understanding the Legal Definition
In Wisconsin, OWI homicide occurs when a driver operates a vehicle while under the influence of alcohol or drugs and causes the death of another person.
Prosecutors only need to establish two core elements:
- The driver was impaired under Wisconsin OWI laws.
- The impairment caused or significantly contributed to the death.
The alleged impairment is typically based on field sobriety tests, breath tests, blood tests, officer observations, and/or the presence of controlled substances.
Each of these pieces of evidence can be flawed, and every detail matters when building a defense.
How It Differs From Vehicular Manslaughter
Vehicular manslaughter generally applies when a death occurs due to negligence or unsafe driving unrelated to intoxication. OWI homicide is treated as a far more severe charge because it is tied directly to alleged impairment.
The distinction matters because OWI homicide carries much higher penalties and requires prosecutors to show that impairment was a direct factor in the crash.
A strong defense may show that impairment was not proven, that the test results were unreliable, or that other factors caused the accident.
Consequences of an OWI Homicide Charge
The penalties for OWI homicide are life-changing. People often believe they have no chance of avoiding prison, but this is not true. The outcome depends on the facts of the case, the quality of the investigation, and the strength of your defense.
Criminal Penalties and Prison Time
An OWI homicide conviction can carry:
- A minimum of five years in prison
- A maximum of 25 years or more, depending on prior OWI history
- Mandatory minimum sentences for repeat OWI offenders
- A felony classification that stays on your record permanently
- Supervision conditions, treatment requirements, and extended monitoring
Judges take these cases extremely seriously, and prosecutors often push for the harshest possible sentence. You need an attorney who knows how to challenge assumptions, counter the state’s narrative, and highlight weaknesses in the evidence.
Driver’s License Revocation and Fines
Along with prison time, you may face:
- Long-term or lifetime license revocation
- Ignition interlock requirements
- High fines and mandatory surcharges
- Significant increases in insurance premiums
- Loss of employment that requires driving
Your ability to drive impacts your family, your income, and your daily life. A DUI defense lawyer can help you pursue options that protect you as much as possible while your case is pending.
Legal Defenses Against OWI Homicide
Every OWI homicide case is unique. The defense strategy must be built around a detailed understanding of the accident, the evidence, your medical condition, and how the police handled the investigation.
Nero DUI Defense tailors every defense to fit your individual needs.
For example, the best defense for a first-time OWI will change drastically from a second OWI.
While the first time you defend, your focus will be on your status as a first defender, your second time will need a finer touch. Nero DUI Defense has experience helping clients across all DUI/OWI-related cases and can craft the best legal defense for you.
Challenging Field Sobriety and Chemical Tests
Many OWI Homicide cases fall apart when tests are carefully examined.
Common issues include:
- Improperly administered field sobriety tests
- Unreliable breath test equipment
- Contaminated or improperly stored blood samples
- Delays in blood draws that inflate BAC results
- Medical conditions that mimic impairment
- Officer bias or mistakes at the scene
Even small errors in testing procedures can create reasonable doubt.
Establishing Lack of Causation
Even if impairment is alleged, the state must still prove that the impairment caused the accident. This is often where strong DUI defenses succeed.
Examples of causation defenses include:
- The other driver caused the collision
- Mechanical failure contributed to the crash
- Weather conditions were the primary factor
- Road hazards or debris caused the vehicle to lose control
- The timeline does not support the state's theory of events
Expert accident reconstruction can be pivotal in these cases. If prosecutors cannot prove causation beyond a reasonable doubt, they cannot convict you of OWI Homicide.
How a Wisconsin OWI Homicide Lawyer Can Help
An attorney is not just valuable in the courtroom. Your lawyer protects you at every step of the process. The moment a fatal crash occurs, investigators begin building a case.
You need someone protecting your rights just as quickly.
Protecting Your Rights from Day One
From the beginning, a Wisconsin OWI homicide lawyer can:
- Keep the police from questioning you without protection
- Ensure evidence is preserved correctly
- Prevent self-incriminating statements
- Halt improper testing procedures
- Challenge unlawful traffic stops
- Identify errors in the early stages of investigation
Anything you say can be used against you. Having legal representation from the start can drastically change the outcome of your case.
Building a Strong Defense Strategy
An OWI homicide case requires a defense that is both strategic and scientifically grounded. These cases often involve complex accident scenes, highly technical chemical testing, and aggressive prosecution efforts.
At Nero DUI Defense, we take a detailed, methodical approach to uncover weaknesses in the state's case and highlight the factors that support your innocence or reduce your level of culpability.
Our team does far more than simply react to allegations. We actively build a comprehensive defense plan from the moment we take your case.
That plan may include:
- Accident reconstruction analysis
- Review of body cam footage
- Cross-examining officers for inconsistencies
- Consulting toxicologists to challenge blood or breath results
- Investigating witness accounts
- Demonstrating alternate explanations for the crash
- Presenting positive character evidence
Each of these steps serves a specific purpose. Accident reconstruction can expose flaws in the state's theory about how the crash occurred. Reviewing video allows us to identify rights violations, testing errors, or officer behavior that calls the investigation into question.
Toxicology experts can show how medical conditions, delays in testing, or contamination may have altered your results. Witness interviews can reveal bias, confusion, or conflicting accounts.
We also focus on presenting the full picture of who you are as a person.
Many clients have strong community ties, stable work histories, or personal challenges the court should consider. This information can significantly impact negotiations and sentencing.
Our goal is always to reduce charges, negotiate favorable outcomes, or win dismissals when possible. Through careful preparation and aggressive advocacy, we work to protect your future and challenge every assumption the state makes about your case.
Why Choose Nero DUI Defense?
When facing an accusation that could take away decades of your life, you need a lawyer with deep experience in OWI law. Nero DUI Defense focuses on these complex cases every day, giving clients the skill and attention needed to fight serious charges.
Aggressive Trial Experience
We prepare every case as if it will go to trial. This approach increases your leverage in negotiations and ensures you are fully ready if the matter reaches the courtroom. Our attorneys have extensive experience cross examining officers, challenging chemical test evidence, and presenting compelling defenses to juries.
Focused on DUI and OWI Law
Our practice centers on OWI defense. We stay up to date on the latest science, testing procedures, statutes, and court rulings that impact DUI-related cases.
This allows us to spot issues that general criminal defense lawyers may miss.
What to Do Immediately After an OWI Arrest
If you have been involved in a fatal crash and are accused of impairment, take the following steps as soon as possible:
- Do not speak to police without legal representation
- Avoid posting about the incident on social media
- Gather names of potential witnesses
- Document injuries or medical conditions
- Contact a lawyer before giving any statements
- Follow all legal instructions while the case is pending
Your actions in the first hours and days can greatly influence the outcome. It is best to “go dark” and don’t let anything slip that could potentially damage your defense. Your lawyer will be able to tell you exactly what to say and when to say it to increase your chance of a favorable outcome.
OWI Homicide and Prior DUI Convictions
In Wisconsin, prior OWI convictions can increase penalties significantly. Prosecutors may argue that repeat offenders pose a higher risk to the public. A lawyer can work to limit how much of your past the court considers and prevent unfair prejudice.
Should You Speak to Police After a Fatal OWI Crash?
You have the right to remain silent. Always use it. It is almost always safer to exercise that right until a lawyer is present. Police officers are trained to gather statements that support their theory of the case. Even innocent explanations can be used against you.
“I only had one or two,” is a highly damaging trap that those charged with OWI fall into, and that goes double for those involved in an OWI wreck that caused injuries or fatalities.
The Role of Expert Witnesses in OWI Homicide Trials
Expert witnesses often play a crucial role in defending OWI homicide cases. These experts may include:
- Accident reconstructionists
- Toxicologists
- Medical professionals
- Engineers
- Visibility and lighting experts
- Human factors specialists
Their testimony can challenge the state's conclusions and provide alternative explanations for what happened.
Mistakes to Avoid After a DUI Related Fatality
To protect your defense, avoid the following common mistakes:
- Discussing details with friends or family
- Contacting the other party involved
- Attempting to explain yourself to officers
- Ignoring court dates or deadlines
- Assuming the evidence is overwhelming
Hiring an attorney who does not focus on OWI law
The biggest mistake is waiting too long to secure legal counsel.
Case Results and Testimonials
Every case is different, but Nero DUI Defense has earned a reputation for turning difficult situations into manageable outcomes. Many clients have avoided lengthy prison sentences, secured charge reductions, or challenged unreliable evidence successfully. Client testimonials reflect our commitment to communication, compassion, and courtroom strength.
Contact a Wisconsin OWI Homicide Attorney Today
You do not have to face an OWI homicide charge alone.
Nero DUI Defense is ready to step in immediately, protect your rights, and fight aggressively for your future. Our team understands the fear and uncertainty you are facing, and we are prepared to guide you through this process with clear explanations and powerful representation.
Contact us today at (715) 318-7000 to schedule a free, confidential consultation. We’ll review your case and start working on a winning strategy that gives you the best possible chance at a favorable outcome in your OWI homicide case.
