A tragic car crash in Kaukauna, Wisconsin, resulted in the wrongful death of a woman from Winneconne. She was a passenger in the vehicle involved in the crash.

The driver of the vehicle has been charged with homicide by intoxicated use of a motor vehicle and is being held at the Outagamie County Jail. He was also injured in the accident.

The accident happened Saturday on the 800 block of Hyland Avenue and County OO. Officers found the woman critically injured at the scene. She was taken to Theda Clark Medical Center in Neenah, where she was pronounced dead.

Homicide by Intoxicated Use of a Motor Vehicle

The possible penalties for homicide by intoxicated use of a motor vehicle in Wisconsin:

  • Up to $100,000 fine plus $365 OWI (operating while intoxicated) surcharge [939.50(3)(c), (d)];
  • Up to 25 years (Class D felony) if first offense [939.50(3)(c), (d)];
  • Up to 40 years (Class C felony) if one or more prior OWI-related offenses [939.50(3)(c), (d)];
  • Revocation of license for 5 years plus the length of confinement [343.31(1)(a), (3)(c), (4)];
  • Vehicle equipped with IID for 1 to 2 years plus the length of confinement if AC is 0.15 or more or it is not the first offense [343.301(1g)(b)1.,2., (2m)];
  • Revocation of license for 10 years plus confinement length if a child under 16 or an unborn child was in the vehicle [343.31(1)(a), (3)(c), (4)] [343.31(1)(a), (3)(c), (4)];
  • Revocation of license for 5 years if the homicide was committed in another state [343.31(1)(a), (3)(c)].

Lawsuit against Driver

Homicide is a criminal charge. For the family to get compensation from the intoxicated driver (insurance money), the family will need to file a wrongful death lawsuit against the driver. A bar, restaurant or other business may also be sued if the establishment illegally served the driver alcohol prior to the accident. This is called a dram shop claim, and it is illegal to serve a person alcohol if he or she is noticeably intoxicated.