MILWAUKEE — A driver who rear-ended a food truck in February was not criminally charged even though they were arrested for operating while intoxicated (OWI).
The reason?
It was their first OWI offense.
“The state of Wisconsin is one of the only states where a first OWI is a civil matter instead of criminal matter,” Associate Attorney Michael Moran at Levine Law said.
In his four years at the firm, Moran said he often deals with OWI cases.
“It’s definitely controversial and when you see those types of circumstances where people cause real harm in these situations, I think it makes the problem very real.”
The bright orange Gumbo Valley food truck belonged to Andre Richards. He said it took him 14 months to build the truck, which was taken from him in seconds.
He suffered minor injuries, but his business was destroyed.
Milwaukee Police told TMJ4 in an email that a first OWI is a municipal violation and is referred to Municipal Court, not a criminal court.
The consequences of a first OWI can vary.
According to the Wisconsin DOT OWI Penalty Chart, a first-time offender can be fined $150-$300 and have their license revoked for six to nine months.
If the offender’s alcohol concentration was more than .15 at the time of the crash, they could also be required to install an interlock ignition device in their vehicle.
“There’s a lot of different consequences but no jail time,” Moran said.
TMJ4's Kaylee Staral asked Moran if the fines deter people from committing future OWI offenses.
“I wish that was the case because unfortunately, we see a lot of OWI second, third, and fourths,” Moran answered.
TMJ4 also went to District 6 Alderwoman Milele A. Coggs because the crash happened in her district. She agreed that stricter penalties are needed.
“This case is an illustration of the need to re-examine what the penalties are to make sure they match the crime committed,” Coggs explained.
“There’s a spectrum of opportunities whether it’s community service or incarceration. The biggest thing is you want to change behavior.”
