940.09 Homicide by intoxicated use of vehicle or firearm.

644 words·~3 min read·/wi/chapter-940/940-09

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(1)Any person who does any of the following may be penalized as provided in sub.

(1c):

(a)Causes the death of another by the operation or handling of a vehicle while under the influence of an intoxicant.

(am)Causes the death of another by the operation or handling of a vehicle while the person has a detectable amount of a restricted controlled substance in his or her blood.

(b)Causes the death of another by the operation or handling of a vehicle while the person has a prohibited alcohol concentration, as defined in s. 340.01

(46m).

(bm)Causes the death of another by the operation of a commercial motor vehicle while the person has an alcohol concentration of 0.04 or more but less than 0.08.

(c)Causes the death of an unborn child by the operation or handling of a vehicle while under the influence of an intoxicant.

(cm)Causes the death of an unborn child by the operation or handling of a vehicle while the person has a detectable amount of a restricted controlled substance in his or her blood.

(d)Causes the death of an unborn child by the operation or handling of a vehicle while the person has a prohibited alcohol concentration, as defined in s. 340.01

(46m).

(e)Causes the death of an unborn child by the operation of a commercial motor vehicle while the person has an alcohol concentration of 0.04 or more but less than 0.08.

(a)Except as provided in par.

(b), a person who violates sub.

(1)is guilty of a Class D felony. Upon conviction, the court shall impose a bifurcated sentence under s. 973.01 and the term of confinement in prison portion of the bifurcated sentence shall be at least 5 years except that a court may impose a term of confinement that is less than 5 years if the court finds a compelling reason and places its reason on the record.

(b)A person who violates sub.

(1)is guilty of a Class C felony if the person has one or more prior convictions, suspensions, or revocations, as counted under s. 343.307

(2). Upon conviction, the court shall impose a bifurcated sentence under s. 973.01 and the term of confinement in prison portion of the bifurcated sentence shall be at least 5 years except that a court may impose a term of confinement that is less than 5 years if the court finds a compelling reason and places its reason on the record.

(1d)A person who violates sub.

(1)is subject to the requirements and procedures for installation of an ignition interlock device under s. 343.301 .

(1g)Any person who does any of the following is guilty of a Class D felony:

(a)Causes the death of another by the operation or handling of a firearm or airgun while under the influence of an intoxicant.

(am)Causes the death of another by the operation or handling of a firearm or airgun while the person has a detectable amount of a restricted controlled substance in his or her blood.

(b)Causes the death of another by the operation or handling of a firearm or airgun while the person has an alcohol concentration of 0.08 or more.

(c)Causes the death of an unborn child by the operation or handling of a firearm or airgun while under the influence of an intoxicant.

(cm)Causes the death of an unborn child by the operation or handling of a firearm or airgun while the person has a detectable amount of a restricted controlled substance in his or her blood.

(d)Causes the death of an unborn child by the operation or handling of a firearm or airgun while the person has an alcohol concentration of 0.08 or more.