Operating While Intoxicated (OWI) is Wisconsin's legal term for drunk or drugged driving and represents one of the most serious traffic violations in the state. When an OWI driver causes an accident, victims often face devastating physical injuries, emotional trauma, and substantial financial burdens. These incidents can involve complex legal considerations including blood alcohol concentration (BAC) thresholds, prior offense enhancements, and the interplay between criminal proceedings and civil liability. For injured parties, understanding how Wisconsin's OWI laws affect personal injury claims is crucial, as these cases typically involve potential punitive damages beyond standard compensation. Additionally, victims must navigate complex insurance issues, including potential policy exclusions for intentional acts, while managing their recovery and adhering to strict legal timelines for pursuing justice.

Legal Rights and Considerations

Wisconsin's OWI laws establish penalties that increase with subsequent offenses and higher BAC levels, which can strongly impact related civil claims. Under Wisconsin's modified comparative negligence system, victims can recover damages if they are found to be less than 51% responsible for the accident. Most OWI personal injury claims must be filed within three years under Wisconsin's statute of limitations (Wis. Stat. § 893.54), though exceptions exist. Compensation may include medical expenses, lost wages, pain and suffering, and in egregious cases, punitive damages. Wisconsin requires minimum liability insurance of $25,000 per person and $50,000 per accident for bodily injury, though these limits are often insufficient in serious OWI cases, potentially necessitating exploration of underinsured motorist coverage or third-party liability claims. An experienced Wisconsin OWI accident lawyer(link is external) will handle all aspects of the legal claim.

OWI can be a cause of all kinds of injury accidents. Click the links below to get information from an experienced attorney for accidents and injuries including:

• Wisconsin car accident attorney(link is external);
• Wisconsin pedestrian accident attorney(link is external);
• Wisconsin motorcycle accident lawyer(link is external);
• Wisconsin truck accident lawyer(link is external);
• Wisconsin bicycle accident attorney(link is external);

Related Resources

Wisconsin Courts

• Wisconsin Circuit Court Access (CCAP): https://wcca.wicourts.gov(link is external)
• Wisconsin Court System: https://wicourts.gov(link is external)

Victim Support Services

• Wisconsin Department of Justice - Office of Crime Victim Services
• MADD Wisconsin (Mothers Against Drunk Driving)
• Wisconsin Coalition Against Sexual Assault

Relevant Laws and Regulations

• Wisconsin Statutes Chapter 346: Rules of the Road
• Wisconsin Statutes Chapter 343: Operators' Licenses
• Wisconsin Department of Transportation: OWI Laws

Return to the Green Bay drunk driving accident statistics page