Drunk Driving Penalties When Someone Else Is Riding in the Vehicle
A first offense operating while intoxicated (OWI) charge is not a criminal violation, but it can result in fines, license revocation, and the installation of an ignition interlock device (IID). However, you may face criminal charges if you had a passenger in your vehicle at the time of a drunk driving arrest depending on the nature of the incident.
If you’ve been charged with an OWI involving an injured passenger or a young passenger, you need to speak with the team at Mishlove & Stuckert. A free case review from our board-certified OWI/DUI defense lawyers in Wisconsin can save you from severe legal penalties and other long-term consequences.
OWI/DUI With a Passenger Under 16 Years Old
If you are caught drunk driving with a passenger under 16, you will face criminal charges even if this is your first OWI offense.
Penalties for OWI/DUI With a Minor in the Vehicle
For a first offense of drunk driving with a minor in the vehicle, drivers will face the following penalties:
- $350 to $1,110 in fines
- 5 days to 6 months of jail time
- Driver’s license revocation for 12 to 18 months
For the sake of comparison, a regular first offense OWI results in fines of $150 to $300, a license revocation of 6 to 9 months, and no jail time. Having a child in your vehicle can double the penalties for a first-time drunk driving offense.
Additional Penalties if You Have Past OWI/DUI Convictions
If you have a prior OWI/DUI conviction on your record within 10 years, the penalties for drinking and driving with a minor passenger are even more severe. These penalties include:
- $700 to $2,200 in fines
- 10 days to 12 months of jail time
- Driver’s license revocation for 2 to 3 years
It doesn’t matter if this is your first OWI offense or if you have priors on your record — it’s imperative that you contact our OWI/DUI defense attorneys as soon as possible.
OWI/DUI Charges if a Passenger Is Injured
If you operate a motor vehicle while intoxicated and injure a passenger, you will face harsh legal penalties. These penalties vary depending on the nature of the injuries sustained and the age of the passenger who was injured.
Penalties for Causing Passenger Injuries While Intoxicated
If you injure a passenger who is 16 or older and you do not have prior OWI offenses, the penalties for OWI/DUI causing injury include:
- $300 to $2,000 in fines
- 30 days to 1 year of jail time
- Driver’s license revocation for 1 to 2 years
If you injure a passenger who is 16 or older and you have prior OWI offenses, this is a Class H felony. The penalties include:
- Fines up to $10,000
- Up to 6 years in prison
- Driver’s license revocation for 1 to 2 years
There is also the matter of causing great bodily harm, which means injuries that involve a substantial risk of death, disfigurement, or loss of use of an organ or limb. This is a Class F felony. The penalties for OWI/DUI causing great bodily harm include:
- Up to $25,000 in fines
- Up to 12.5 years in prison
- Driver’s license revocation for 2 years
Penalties if the Injured Passenger Is Under 16
If a minor passenger sustained injuries and you do not have prior OWI offenses, the legal penalties include:
- $600 to $4,000 in fines
- 60 days to 2 years of jail time
- Driver’s license revocation for 2 to 4 years
If a minor passenger sustained injuries and you have prior OWI offenses, the legal penalties include:
- Fines up to $20,000
- Up to 12 years in prison
- Driver’s license revocation for 2 to 4 years
If a minor passenger suffered great bodily harm, the legal penalties increase the duration of a driver’s license revocation to 4 years. These penalties also cover great bodily harm to an unborn child.
OWI/DUI Charges if a Passenger Is Killed
OWI/DUI causing an accidental death are the most difficult cases we work on. The tragedy is compounded by the fact the passenger in a driver’s vehicle was the victim.
Penalties for Causing Fatal Passenger Injuries While Intoxicated
Homicide by intoxicated use of a vehicle is a Class D felony. The penalties include:
- Fines up to $100,000
- Up to 25 years in prison
- Driver’s license revocation for 5 years
If a driver has prior OWI-related offenses on their record, they will be charged with a Class C felony and face up to 40 years in prison.
Penalties if the Fatally Injured Passenger Is Under 16
If a minor passenger was fatally injured, the legal penalties increase the duration of a driver’s license revocation to 10 years. These penalties also cover the fatal injuries of an unborn child.
If you were charged with causing any kind of drunk driving injuries while operating a vehicle, you need to speak with our board-certified OWI/DUI defense lawyers. Do not delay. Schedule a free case review with Wisconsin’s only accredited drunk driving defense specialists.
Underage Drunk Driving With a Passenger
Underage drinking and driving cases present their own unique penalties. If a drunk driver under the age of 21 causes injuries while operating a vehicle and/or a passenger under 16 years old is present, there could be severe criminal penalties depending on what happened.
If you’re a young adult who made bad choices or a concerned parent with a child whose future is on the line, you need to speak with our Wisconsin OWI/DUI defense attorneys right away.
How Our Board-Certified OWI/DUI Lawyers Can Help
If a police officer charges you with an OWI/DUI, that does not mean you’re guilty.
Lauren Stuckert and I are Wisconsin’s authorities on OWI/DUI defense. I wrote Wisconsin OWI Defense: The Law & Practice, which is still used by defense lawyers in the state. Both Ms. Stuckert and I speak at legal conferences nationwide on forensic science and the importance of storytelling in trial advocacy.
Our team can scrutinize all aspects of your arrest, including a potential lack of probable cause during the initial traffic stop; the unscientific use of field sobriety tests; and potential inaccuracies in blood draws, breathalyzer tests, and lab analysis. We can convey all of this information and your personal story to the jury. We may not be able to change a jury member’s mind, but good storytelling can appeal to their values, changing the way they look at you and your case.
Contact Our Wisconsin Law Offices About Your Case
If you’re facing criminal charges following an OWI/DUI arrest, you need the team at Mishlove & Stuckert on your side. To request a free case review, contact our Wisconsin OWI/DUI defense lawyers. We can meet at our offices in Milwaukee, Oshkosh, Waukesha, or West Bend.
About Andrew Mishlove
A board-certified OWI defense specialist, Andrew Mishlove has practiced law in Wisconsin since 1981. He is a nationally recognized figure when it comes to drunk and intoxicated driving defense. Mr. Mishlove is the author of Wisconsin OWI Defense: The Law and Practice and is on the Board of Regents of the National College for DUI Defense (NCDD).