Question: What are some defenses for OWI causing injury in Wisconsin?

Answer: There can be many defenses; but, the ones that come up to mind the quickest are: one, that the driving itself did not cause the injury. So, sometimes there’s an accident. That accident would have occurred whether the person was intoxicated, whether either person was intoxicated or not intoxicated; the accident was unavoidable. So, the intoxication or the impairment did not cause the accident. And that is a defense to the causing injury portion of it. You can actually be convicted of an OWI because there’s no intent element and it doesn’t matter how it was found out. But for the injury to be attributable to the impairment, you have to show that the accident would not have been caused if the person was not impaired.

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