Drunk driving continues to pose a serious threat on Wisconsin roads, including right here in Central Wisconsin. From the main streets in Stevens Point, Wisconsin Rapids, and Marshfield to the country roads, impaired drivers put everyone at risk. Victims of these crashes often face painful injuries, high medical bills, and major disruptions to their lives.
A dedicated Stevens Point, Wisconsin drunk driving accident lawyer from Anderson O’Brien, LLP can help you pursue compensation from the party responsible for your injuries. For more than 135 years, we’ve handled injury cases throughout Wisconsin, including many involving drivers who chose to get behind the wheel after drinking. These collisions leave real people hurt, scared, and unsure where to turn next.
If you're trying to recover after a drunk driving crash, you don’t have to do it alone. We’ll help you hold the at-fault driver accountable and pursue money to cover the harm they caused. Contact us today to request a free consultation. We don’t charge any fees unless we help you recover compensation.
What Are Wisconsin’s Drunk Driving Laws?
Drunk driving in Wisconsin falls under the state’s OWI (Operating While Intoxicated) laws. These rules outline what qualifies as impaired driving and how the state penalizes drivers who break the law.
Understanding Wisconsin’s OWI Laws and Penalties
Wisconsin law prohibits anyone from operating a vehicle while under the influence of alcohol or drugs. A first offense for OWI usually leads to fines, a license suspension, and mandatory driving classes. Multiple offenses bring tougher penalties, such as longer license revocations, jail time, and mandatory ignition interlock devices.
A driver doesn’t need to cause an accident to get an OWI. Just operating a vehicle while impaired can be enough to trigger penalties.
How Does Wisconsin Define Legal Intoxication?
The legal blood alcohol concentration (BAC) limit in Wisconsin is 0.08% for most drivers. For commercial drivers, the limit drops to 0.04%. Drivers under 21 fall under a zero-tolerance rule—any amount of alcohol in their system can lead to charges.
Police often use Breathalyzers, field sobriety tests, or blood tests to determine impairment. However, even if a driver's BAC is below 0.08%, they can still be considered intoxicated if their ability to drive is clearly affected by alcohol or drugs.
What Are the Enhanced Penalties for Causing Injury While Intoxicated?
If a drunk driver causes an injury crash, the consequences increase sharply. A first-time OWI with injury is a criminal offense. The driver may face large fines, months in jail, and the loss of driving privileges. When someone suffers serious bodily harm or death, the charges escalate to felonies, leading to longer prison terms and permanent records.
These criminal penalties are separate from any civil claim a victim can file to seek compensation for their injuries.
Common Injuries in Stevens Point Drunk Driving Accidents
Drunk driving crashes often happen at high speeds or involve erratic movements, making them especially dangerous. Victims can suffer a wide range of injuries that may take months—or even years—to heal.
Physical Injuries from Alcohol-Related Crashes
Common physical injuries in drunk driving wrecks include:
- Broken bones
- Head injuries or concussions
- Spinal injuries
- Whiplash
- Internal bleeding
- Cuts and bruises
These injuries may require emergency care, surgery, hospital stays, or ongoing physical therapy.
Long-Term Medical Complications
Some injuries never fully heal. A person may be left with limited mobility, chronic pain, or the need for long-term medical devices. Back injuries or traumatic brain injuries often lead to years of treatment, missed work, and major lifestyle changes.
Even when a victim survives the crash, their life may look very different afterward.
Psychological and Emotional Trauma
The mental effects of a drunk driving crash can last just as long—or longer—than the physical injuries. Anxiety, depression, post-traumatic stress, and sleep problems often follow. Some victims fear getting back into a car or feel ongoing distress about what happened.
These effects are real and deserve attention in any claim for compensation.
Wisconsin’s Comparative Negligence System Explained
Wisconsin follows a comparative negligence rule. That means if more than one person contributed to the crash, each party’s share of the blame affects how much they can recover. As long as you're less than 51% at fault, you can still seek damages. However, the final amount may be reduced based on your percentage of fault.
Insurance companies may try to shift blame to lower what they have to pay. A skilled attorney can push back and protect your right to fair compensation.
Statute of Limitations for Filing Claims in Wisconsin
Wisconsin law sets a deadline for filing a personal injury claim. In most drunk driving crash cases, you have three years from the date of the accident to take legal action. Miss that deadline, and the court will likely dismiss your case—no matter how strong the facts are.
That’s why acting quickly matters. Evidence disappears, memories fade, and delays only help the other side.
Who Can Be Held Liable in a Stevens Point Drunk Driving Accident?
The person who chose to drive drunk is usually the one responsible—but not always the only one. Wisconsin law allows injury victims to pursue other parties when they played a role in allowing or enabling the crash.
The Intoxicated Driver’s Liability
The drunk driver bears primary responsibility for any harm they cause. That includes injuries, property damage, lost income, and long-term effects on your life. A civil claim holds them financially responsible, separate from any criminal penalties they face.
Potential Third-Party Liability Under Wisconsin’s Dram Shop Laws
While Wisconsin has limited dram shop laws, certain situations allow claims against bars or restaurants that knowingly serve alcohol to someone who is already visibly intoxicated or underage. If a local establishment in Stevens Point served alcohol to a patron they knew was intoxicated, and that person caused a crash, the bar could share liability.
Employer Liability in Commercial Vehicle DUI Cases
When a commercial driver causes a drunk driving crash while working, the employer may be held responsible. If the company failed to screen, train, or monitor the driver properly—or ignored signs of alcohol use—they can be part of the claim. These cases often involve larger insurance policies and more aggressive defense tactics.
How Our Central Wisconsin Attorneys Help Drunk Driving Accident Victims
Anderson O’Brien, LLP has helped many local families after devastating car crashes, including those caused by drunk drivers. Our team works to gather strong evidence, fight back against unfair tactics, and guide you toward the financial recovery you need.
Thorough Investigation of Your Accident
We start by gathering police reports, medical records, witness statements, and any video or digital evidence. We also look for bar receipts, cell phone records, and prior offenses. The more proof we gather, the stronger your case.
Building a Strong Case with Evidence and Expert Testimony
Sometimes we bring in experts—like accident reconstructionists or toxicologists—to explain how the crash happened and how alcohol played a role. These professionals can help show the full impact of the driver’s choices and strengthen your claim.
Negotiating with Insurance Companies
Insurance adjusters often try to downplay your injuries or argue that someone else caused the crash. We handle all communication with them, pushing for a fair settlement that reflects what you’ve been through. If the insurance company refuses to act in good faith, we’ll be ready for the next step.
Representing You in Court When Necessary
Some cases can’t be resolved fairly through negotiation. When that happens, our attorneys take the case to court and present your story to a judge or jury. We prepare thoroughly and fight to hold the drunk driver accountable for what they’ve done.
What Compensation Can You Recover in a Drunk Driving Case?
In a drunk driving accident case, the compensation you can recover usually falls into three main categories: economic damages, non-economic damages, and sometimes punitive damages. Each type covers different losses caused by the crash.
Economic Damages: Covering Your Out-of-Pocket Costs
Economic damages reimburse you for actual, measurable financial losses. These may include:
Medical Expenses
- Ambulance fees, ER visits, and hospital stays
- Surgeries, medications, and follow-up care
- Physical therapy, rehabilitation, and medical devices
- Future medical treatment you may need
Lost Wages
If your injuries kept you from working, you can recover:
- Wages or salary you missed
- Missed opportunities like overtime or bonuses
- Paid time off or vacation days you had to use
If your injuries reduce your ability to work or force you to take a lower-paying job, you can also seek loss of future earning potential.
Property Damage
- Cost to repair or replace your vehicle
- Damage to personal items inside the car (e.g., phones, laptops)
Keep all receipts, bills, and paperwork. These documents help show the actual value of what you lost.
Non-Economic Damages: For the Human Impact of the Crash
These damages are harder to measure, but just as real. They compensate you for how the accident affects your life beyond the financial impact.
Pain and Suffering
- Physical discomfort from injuries
- Ongoing soreness, stiffness, or limited movement
Emotional Distress
- Mental health challenges like anxiety or depression
- Fear of driving or flashbacks from the crash
Loss of Enjoyment of Life
- Not being able to take part in hobbies or activities you once loved
- Changes to your daily routine or quality of life
Impact on Relationships
- Strain on your marriage or family life
- Loss of companionship or support from loved ones
Though harder to put a price tag on, these damages matter deeply. A strong legal case can help show how your life has changed and why that deserves compensation.
Punitive Damages: Sending a Message to Reckless Drivers
Wisconsin law may allow punitive damages when the at-fault driver acted with outrageous disregard for others’ safety. That often applies in drunk driving cases where:
- The driver had a very high BAC
- They had prior OWI convictions
- They fled the scene or acted violently
Punitive damages don’t pay you back for losses. Instead, they serve to punish the driver and discourage others from making the same choices.
What Makes Our Central Wisconsin Drunk Driving Accident Attorneys Different?
Many firms handle car accident claims—but not all have the same experience or approach. Here’s how Anderson O’Brien, LLP stands out.
Local Knowledge of Central Wisconsin County Courts
We’ve worked in this area for decades. We know how local judges view these cases, how local juries respond, and what to expect from opposing lawyers. We’ve handled crashes throughout Central Wisconsin.
Our Experience with Wisconsin’s Unique Laws and Procedures
Wisconsin’s legal system has its own rules, including comparative negligence and dram shop laws. Our attorneys understand how these laws affect your case and use that knowledge to build strong arguments on your behalf.
Personal Attention and Communication Throughout Your Case
You won’t get shuffled around or left wondering what’s happening. Our team communicates clearly and treats you with respect. We know this is a hard time, and we do everything we can to make the legal process feel manageable.
Contact Our Stevens Point DUI Accident Lawyers Now
If a drunk driver has hurt you or someone you love, don’t wait to get help. Contact Anderson O’Brien, LLP today for a free consultation. We’ll review your case, explain your options, and let you know how we can support you.
We work on a contingency fee basis, meaning you won’t pay legal fees unless we help you recover compensation. Time matters, so reach out soon. Wisconsin law limits how long you have to take action.Call us now at 715-344-0890 or fill out our contact form. Our team is ready to listen, answer your questions, and help you move forward—without judgment and with the compassion you deserve.