Most people know that driving under the influence of alcohol or drugs is a crime, but many don’t realize that driving while intoxicated with a minor in the vehicle is a separate offense with different—and more serious—punishments.
What is OWI?
Operating a motor vehicle while intoxicated, or OWI, can result in severe consequences. However, once a minor is involved, the charge changes drastically. At the most basic level, driving while intoxicated with a minor under the age of 16 in the vehicle will result in enhanced penalties on any OWI conviction in Wisconsin.
Who is considered a minor passenger?
The definition of a “minor” pertaining to OWIs is different from the usual definition. In Wisconsin, a minor passenger is a person under the age of 16. This is often a problem for a parent driving home from a family gathering. If the parent is caught drunk driving while transporting any child under the age of 16, the penalty structure upon conviction for OWI becomes significantly more punitive. It is important to discuss this kind of case with an experienced Milwaukee attorney who will look out for the current and future interests of you and your family.
Consequences of an OWI with a Minor Passenger
As of 2017, Wisconsin remains the only state in which a first-offense drunk driving charge is a civil offense, not a crime. However, if a minor is in the car, it does not matter if this is your first OWI; you will automatically be charged with a crime. If convicted, you could face up to 6 months imprisonment, as opposed to no jail time had the minor not been present. In addition, this crime carries a maximum fine of $1,100 and a potential driver’s license revocation of 18 months.
A third OWI with a minor carries a maximum of 2 years; a fourth offense carries 12 years, a fifth carries 20 (learn more about Wisconsin 5th DUI penalties). These penalties apply even if no one was injured. OWI causing injury penalties are even worse. In other words, an OWI with Minor is a crime that could put you in prison for decades even if nobody was harmed. A felony conviction will lose you your voting and 2nd Amendment Rights and damage your job prospects. Permanently.
Reckless Endangerment
In some cases, it is possible to be charged with a more serious crime. If a prosecutor believes that the driver’s conduct created an “unreasonable and substantial risk of death or great bodily harm” to the child, he or she could issue charges of reckless endangerment. These charges are felonies, carrying a maximum of 10 to 12 and-a- half years in prison, depending on the degree.
We are here to answer any question you may have. Should you or a loved one find in need of legal help please contact us today to set up a free consultation. Please contact us by text or phone at (414) 774-6000 or email at laura@jlfwisconsin.com anytime.
*Any articles in the Libra or posted by Jones Law Firm LLC are not legal advice for a particular client or situation. Further no attorney-client relationship is intended or created with this post.*
