Wisconsin OWI Laws: Felony Vs. Misdemeanor OWI

Wisconsin OWI laws carry different fines, penalties, and repercussions depending on whether the crime is classified as a felony vs. misdemeanor OWI. Adding to the confusion, First Offense OWIs are neither. They are typically classified as civil crimes.

It is important to understand Wisconsin OWI laws and whether you have been charged with a felony vs. misdemeanor OWI because those convictions can show up on background checks such as those requested by employers or landlords.

Felony vs. Misdemeanor OWI in Wisconsin

A misdemeanor OWI is more serious than a traffic violation but less serious than a felony OWI. Both are criminal offenses under Wisconsin OWI laws and will have repercussions in many aspects of your life.

Misdemeanor OWI is charged when a driver faces OWI for the second time in 10 years or the third time in their life or if their blood alcohol content (BAC) level is 0.08% or higher. The number drops to .04% or higher if the driver was operating a commercial vehicle. You can also be charged with a misdemeanor OWI charge even with a BAC below 0.08% if you were involved in an accident that causes property damage or personal injury.

Misdemeanor OWI penalties may include any or all of the following:

• Fines between $300 and $2,000.
• Five days to one-year in prison.
• Loss of driver’s license for six months to three years.
• Ignition Interlock Device installment on your vehicle.
• Drug/alcohol assessment and/or counseling.
• Higher auto insurance rates.

Drivers who have a BAC of 0.15% or higher or are facing their driver’s fourth or subsequent OWI offense will face felony OWI charges. Felony OWI is either a Class E, F, G, or H felony with each carrying its own set of consequences:

• Class H fines range from $600-$1,000 and 60 days to six years of prison.
• Class G fines range from $600-$25,000 and one to ten years in prison.
• Class F fines go up to $25,000 and three to 12.5 years in prison.
• Class E fines go up to $50,000 and four to 15 years in prison.

In addition, drivers may lose their driver’s license, have to undergo alcohol treatment, and face all of the other penalties that a misdemeanor OWI conviction carries.

Wisconsin OWI laws make felony OWI charges possible even for first OWIs if the driver caused great bodily harm or killed someone with their vehicle. The fines and penalties will be harsher than usual too.

Meet with a Wisconsin OWI Attorney

Whether you are facing a felony vs. misdemeanor OWI in Wisconsin, you need legal representation. Both are criminal charges that will impact your life for years to come affecting your reputation and ability to drive and may include jail time and hefty fines. Meet with an OWI attorney at Madison’s Eisenberg Law Offices to understand the charges you are facing and to build a legal strategy that protects you throughout the process and after.

Call Eisenberg Law Offices at 608-256-8356 or email info@eisenberglaw.org to arrange a free consultation.

This post was originally published at https://www.eisenberglaw.org/wisconsin-owi-laws-felony-vs-misdemeanor-owi/.

Car Accident Liability For Wisconsin Passengers Injuries

 

Who is Liable for Passengers’ Injuries in a Wisconsin Car Accident?

Passengers in Wisconsin car accidents can be injured just as easily as drivers, but what is their legal recourse? Who bears car accident liability for passenger injuries? Is it the driver of the vehicle you were riding in or the other driver? Can they both be liable? How do you know where to file a claim?

Passengers' Rights After a Car Accident

The first thing to be aware of is that passengers do have the right to recover damages after a car accident.

You may not be able to file a claim immediately, however. Insurance investigators first need to determine who was responsible for the accident, especially if it was a two (or more) car accident. Once that is determined, you will know which driver or drivers bear car accident liability and are responsible for your injuries.

Determining Car Accident Liability

In a multi-vehicle accident, one or more drivers could have car accident liability for the accident. This is particularly common in Wisconsin which is a shared fault or comparative negligence state. That means that more than one driver could be responsible for your injuries. Each driver who bears fault will be assessed a percentage of fault from 0 to 100. Drivers who bear zero fault will pay zero in damages. The at-fault drivers will share the cost of the damage among them, split based on their percentage of fault.

Learn more about car accident liability and Wisconsin's comparative negligence laws in our post entitled, “Comparative Negligence and Wisconsin Car Accidents”.

Seeking Compensation as a Passenger

If you have been injured as a passenger, you will apply to receive damages from the at-fault driver(s) insurance. Passengers may claim damages for many of the same things claimed in other types of personal injury cases:

• Medical costs related to accident injuries include hospital and doctor bills, prescription costs, therapy, and mobility devices.
• Pain and suffering
• Lost wages due to time missed from work for your recovery
• Loss of future wages or lower earning capacity due to the injuries
• Transportation costs, including to the ER and medical appointments

Determining the amount of your claim is tricky, especially once you take all factors into account. Insurance companies may make you a settlement offer, but it may not be the full amount to which you are entitled or need. Then, there is the possibility that the liable party or parties can’t pay, making the process even more complicated. Additional complications arise if there is more than one injured passenger; the insurance coverage available may not be enough to cover both claims.  As a passenger in a vehicle involved in an accident, you are entitled to all of the UM/UIM/medical expense coverage that the driver of your car has in effect.

These are just a few of the reasons why so many passengers seek help from the car accident attorneys at Eisenberg Law Offices. Your attorney will represent you throughout the process, ensuring you receive the full value of the damages you are entitled to and shepherding your claim through the process, even representing you to multiple insurance companies in the event there is more than one driver who has a car accident liability.

Our firm represents vehicle passengers as well as drivers in car accident cases throughout Wisconsin. If you have been injured in a car accident as a passenger, contact our office to get answers to your questions and advice on your next steps.

Arrange a free, no-obligation consultation by calling 608-256-8356 or emailing info@eisenberglaw.org.

This post was originally published at https://www.eisenberglaw.org/firm-overview/articles/car-accident-liability-for-wisconsin-passengers-injuries/.

3 Questions To Ask Your Wisconsin Personal Injury Lawyer

 

Tips For Choosing a Wisconsin Personal Injury Lawyer

Hiring a Wisconsin personal injury lawyer to help you win a claim or settlement is the best way to ensure you receive the full amount you are due. But how do you choose an injury lawyer? Referrals from friends and family are usually the first place most people start, but this might not be the best approach.

Why? Because every personal injury case is unique. There are unique circumstances in each case along with unique personalities involved. That means that what worked for your friend or family member, may not work in your case. Not only that, many personal injury attorneys specialize in certain types of cases such as car accidents or slips and falls. You may not want a slip-and-fall attorney representing you in a product defect case, for example.

Other considerations are the attorney’s approach to the case or their strategy, their rates and fees, and above all how comfortable you feel with the attorney. All of these factors combined can make it overwhelming to find the right Wisconsin personal injury lawyer.

Asking questions during your initial consultations with different attorneys will help you narrow down the field and ultimately choose the right attorney for your needs. Below are three questions to get you started.

Three Questions to Ask Your Wisconsin Personal Injury Lawyer

1. What is your experience with cases similar to mine? Attorneys who have a lot of experience with or specialize in cases similar to yours improve your chances of securing a favorable outcome. They are more knowledgeable about that specific area of law and how to best manage those types of cases. 

• What is your current caseload? Ask this question to make sure the attorney actually has time for your case. Ask who else will be working on your case and what their roles will be to get an idea of whether or not the attorney will be giving your case the attention it needs.

• What are my chances of winning my case? During your consultation, the attorney will have a chance to look over the evidence and facts of your case. They should be able to tell you if you have a case worth pursuing and whether or not you are likely to win. Learn more about how case settlements are valued in our post, “How is the Value of a Personal Injury Case Determined?”

Do You Have a Wisconsin Personal Injury Case? Contact Eisenberg Law to Find Out

A Wisconsin personal injury lawyer will only help your case. Contact Eisenberg Law Offices in Madison to discuss your case in a free and confidential consultation with a personal injury attorney. We have a team of skilled and qualified injury attorneys who are ready to fight for you.

Call 608-256-8356 or email info@eisenberglaw.org to schedule your consultation.

This post was originally published at https://www.eisenberglaw.org/3-questions-to-ask-your-wisconsin-personal-injury-lawyer/.