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Wisconsin Statutory Elements and Consequences

Chapter 346 Rules of the Road

The Wisconsin Statutory Elements and Consequences is a compilation of criminal statutory components, organized by Wisconsin statute chapter and enhanced with definitions of frequently referenced terms, and links to Wisconsin Criminal Jury Instructions. The information provided on this website should not be construed as legal advice and is meant for informational purposes only. Please note that this information may not be up to date. For more information about this resource, contact Bryce Pierson by email or phone at (608) 266-7807.

Table of contents

 

§ 346.04(2t) Resisting a traffic officer by failing to stop

Summary

To be guilty of this offense, the prosecution must prove that the defendant was operating a vehicle and, after receiving a visible or audible signal to stop from a traffic officer, federal law enforcement officer, or marked or unmarked police vehicle, knowingly resisted the officer by failing to stop the vehicle as promptly as safety reasonably permits. The defendant must have known or reasonably should have known that the signal was being given by a law enforcement officer.

Elements of the Offense

  1. Operator of a Vehicle: The defendant must be the operator of a vehicle.
  2. Receipt of Signal to Stop: The defendant must have received a visible or audible signal to stop his or her vehicle by a traffic officer, federal law enforcement officer, or a marked or unmarked police vehicle.
  3. Knowledge of Law Enforcement Officer: The defendant knows or reasonably should know that the signal is being given by a law enforcement officer.
  4. Knowingly Resist: The defendant must knowingly resists the officer by failing to stop his or her vehicle as promptly as safety reasonably permits.

Jury Instruction

Wis JI-Criminal 2632

 

§ 346.04(3) Operating a motor vehicle to flee or in an attempt to elude an officer

Summary

To be guilty of this offense, the prosecution must prove that the defendant was operating a vehicle and, after receiving a visual or audible signal to stop from a traffic officer, federal law enforcement officer, or marked or unmarked police vehicle, knowingly fled or attempted to elude the officer. The defendant must have known or reasonably should have known that the signal was given by a law enforcement officer. The act of fleeing or attempting to elude must have been done with willful or wanton disregard of the officer’s signal, interfering with or endangering the operation of the police vehicle, the officer, other vehicles, or pedestrians. Additionally, the defendant must have increased the speed of the vehicle or extinguished the lights of the vehicle in an attempt to elude or flee.

Elements of the Offense

  1. Operator of a Vehicle: The defendant must be the operator of a vehicle.
  2. Receipt of Signal to Stop: The defendant must have received a visible or audible signal to stop his or her vehicle by a traffic officer, federal law enforcement officer, or a marked or unmarked police vehicle.
  3. Knowledge of Law Enforcement Officer: The defendant knows or reasonably should know that the signal is being given by a law enforcement officer.
  4. Knowingly Flee or Attempt to Elude: The defendant knowingly flees or attempts to elude the officer.
  5. Willful or Wanton Disregard: The fleeing or attempting to elude is done with willful or wanton disregard of the officer’s signal.
  6. Interference or Endangerment: The act of fleeing or attempting to elude interferes with or endangers the operation of the police vehicle, the traffic officer, the law enforcement officer, other vehicles, or pedestrians.
  7. Additional Actions to Elude: The defendant increases the speed of the vehicle or extinguishes the lights of the vehicle in an attempt to elude or flee.

Jury Instruction

Wis JI-Criminal 2630

 

§ 346.57(2) Speeding: Exceeding a Reasonable and Prudent Speed under § 346.57(2) or an ordinance adopting § 346.57(2)

Summary

To be guilty of this offense, the prosecution must prove that the defendant was driving a vehicle at a speed greater than what is reasonable and prudent under the conditions and with regard to the actual and potential hazards existing at the time. The speed of the vehicle must be controlled as necessary to avoid colliding with any object, person, vehicle, or other conveyance on or entering the highway, and the defendant must drive in compliance with legal requirements and using due care.

Elements of the Offense

  1. Driving a Vehicle: The defendant must be driving a vehicle.
  2. Speed Greater than Reasonable and Prudent: The defendant must drive at a speed greater than is reasonable and prudent under the conditions and having regard for the actual and potential hazards then existing. [This element requires that the speed of the vehicle must be controlled as necessary to avoid colliding with any object, person, vehicle, or other conveyance on or entering the highway in compliance with legal requirements and using due care.]

Jury Instruction

Wis JI-Criminal 2672

 

§ 346.57(2) and § 346.60 (3m)(a)2 Speeding: exceeding a reasonable and prudent speed - criminal offense

Summary

To be guilty of this offense, the prosecution must prove that the defendant was driving a vehicle at a speed greater than what is reasonable and prudent under the conditions and with regard to the actual and potential hazards existing at the time and caused bodily harm to another.

Elements of the Offense

  1. Driving a Vehicle: The defendant must be driving a vehicle.
  2. Speed Greater than Reasonable and Prudent: The defendant must drive at a speed greater than is reasonable and prudent under the conditions and having regard for the actual and potential hazards then existing. [This element requires that the speed of the vehicle must be controlled as necessary to avoid colliding with any object, person, vehicle, or other conveyance on or entering the highway in compliance with legal requirements and using due care.]
  3. Workers at Risk: The defendant must drive in (a highway maintenance or construction area) (a railroad maintenance or construction area) (a utility work area) (an emergency or roadside response area) where workers are at risk from traffic.
  4. Bodily Harm: The defendant’s driving must result in bodily harm to another.

Jury Instruction

Wis JI-Criminal 2672B

 

§ 346.57(3) Speeding: driving too fast for conditions under § 346.57(3) or an ordinance adopting § 346.57(3)

Summary

To be guilty of this offense, the prosecution must prove that the defendant was the operator of a vehicle and failed to drive at an appropriately reduced speed under certain specified conditions.

Elements of the Offense

  1. Driving a Vehicle: The defendant must be driving a vehicle.
  2. Requirement for Reduced Speed: The defendant must fail to drive at an appropriately reduced speed under the following specific conditions:
    • Approaching and crossing an intersection.
    • Approaching and crossing a railway grade crossing.
    • Approaching and going around a curve.
    • Approaching a hillcrest.
    • Traveling upon any narrow or winding roadway.
    • Passing Specific Persons:
      • School children
      • Highway construction or maintenance workers
      • Railroad construction or maintenance workers
      • Sanitation workers
      • Other pedestrians
    • Special Hazards:
      • When special hazard exists with regard to other traffic.
      • By reason of weather or highway conditions.

Jury Instruction

Wis JI-Criminal 2674

 

§ 346.57(3) and § 346.60 (3m)(a)2 Speeding: driving too fast for conditions - criminal offense

Summary

To be guilty of this offense, the prosecution must prove that the defendant was driving a vehicle at a speed greater than what is reasonable and prudent under the conditions and with regard to the actual and potential hazards existing at the time and caused bodily harm to another.

Elements of the Offense

  1. Driving a Vehicle: The defendant must be driving a vehicle.
  2. Requirement for Reduced Speed: The defendant must fail to drive at an appropriately reduced speed under the following specific conditions:
    • Approaching and crossing an intersection.
    • Approaching and crossing a railway grade crossing.
    • Approaching and going around a curve.
    • Approaching a hillcrest.
    • Traveling upon any narrow or winding roadway.
    • Passing Specific Persons:
      • School children
      • Highway construction or maintenance workers
      • Railroad construction or maintenance workers
      • Sanitation workers
      • Other pedestrians
    • Special Hazards:
      • When special hazard exists with regard to other traffic.
      • By reason of weather or highway conditions.
  3. Workers at Risk: The defendant must drive in (a highway maintenance or construction area) (a railroad maintenance or construction area) (a utility work area) (an emergency or roadside response area) where workers are at risk from traffic.
  4. Bodily Harm: The defendant’s driving must result in bodily harm to another.

Jury Instruction

Wis JI-Criminal 2674A

 

§ 346.57(4)(e) Speeding: exceeding fixed limits under § 346.57(4)(e) or an ordinance adopting § 346.57(4)(e)

Summary

To be guilty of this offense, the prosecution must prove that the defendant was driving a vehicle on a highway within the corporate limits of a city or village at a speed in excess of twenty-five miles per hour, and that there were no different speed limits indicated by official traffic signs at the location.

Elements of the Offense

  1. Driving a Vehicle: The defendant must be driving a vehicle.
  2. Location: The driving must occur on a highway within the corporate limits of a city or village.
  3. Speed Limit: The defendant must drive at a speed in excess of twenty-five miles per hour.
  4. Absence of Different Limits: There are no different speed limits indicated by official traffic signs at the location.

Jury Instruction

Wis JI-Criminal 2676

 

§ 346.57(4)(gm) Speeding: exceeding 65 miles per hour under § 346.57(4)(gm) or an ordinance adopting § 346.57(4)(gm)

Summary

To be guilty of this offense, the prosecution must prove that the defendant was driving a vehicle on an expressway or freeway, or on a portion of an expressway that gives preference to through traffic by utilizing interchanges only. The speed must have exceeded 65 miles per hour on any expressway or 70 miles per hour on any freeway or the specified portions of an expressway. Additionally, there must not have been different speed limits indicated by official traffic signs at the location.

Elements of the Offense

  1. Driving a Vehicle: The defendant must be driving a vehicle.
  2. Location and Speed Limits:
    • The defendant drives on an expressway and the speed exceeds 65 miles per hour, except as provided in subd. 2.
    • The defendant drives on a freeway, including freeways that are part of the national system of interstate and defense highways, and the speed exceeds 70 miles per hour.
    • The defendant drives on any portion of an expressway that gives preference to through traffic by utilizing interchanges only, and the speed exceeds 70 miles per hour.
  3. Absence of Different Limits: There are no different speed limits indicated by official traffic signs at the location.

Jury Instruction

Wis JI-Criminal 2676A

 

§ 346.57(4)(gm) and § 346.60 (3m)(a)2 Speeding: exceeding 65 miles per hour – criminal offense

Summary

To be guilty of this offense, the prosecution must prove that the defendant was driving a vehicle on an expressway or freeway, or on a portion of an expressway that gives preference to through traffic by utilizing interchanges only. The speed must have exceeded 65 miles per hour on any expressway or 70 miles per hour on any freeway or the specified portions of an expressway. Additionally, there must not have been different speed limits indicated by official traffic signs at the location. The prosecution must also prove that the defendant’s driving caused bodily harm to another.

Elements of the Offense

  1. Driving a Vehicle: The defendant must be driving a vehicle.
  2. Location and Speed Limits:
    1. The defendant drives on an expressway and the speed exceeds 65 miles per hour, except as provided in subd. 2.
    2. The defendant drives on a freeway, including freeways that are part of the national system of interstate and defense highways, and the speed exceeds 70 miles per hour.
    3. The defendant drives on any portion of an expressway that gives preference to through traffic by utilizing interchanges only, and the speed exceeds 70 miles per hour.
  3. Absence of Different Limits: There are no different speed limits indicated by official traffic signs at the location.
  4. Workers at Risk: The defendant must drive in (a highway maintenance or construction area) (a railroad maintenance or construction area) (a utility work area) (an emergency or roadside response area) where workers are at risk from traffic.
  5. Bodily Harm: The defendant’s driving must result in bodily harm to another.

Jury Instruction

Wis JI-Criminal 2676B

 

§ 346.57(4)(e) and § 346.60 (3m)(a)2 Speeding: exceeding fixed limits - criminal offense

Summary

To be guilty of this offense, the prosecution must prove that the defendant was driving a vehicle at a speed in excess of 25 miles per hour on any highway within the corporate limits of a city or village, provided that no different limit was indicated by an official traffic sign, in a specified area, and caused bodily harm to another.

Elements of the Offense

  1. Driving a Vehicle: The defendant must be driving a vehicle.
  2. Location and Speed Limits:
    1. The highway where the defendant is driving must be within the corporate limits of a city or village.
    2. The defendant must drive the vehicle at a speed in excess of 25 miles per hour on any highway.
  3. Speed Restriction: The defendant must be prohibited from driving at a speed exceeding 25 miles per hour on these roads unless different speed limits are indicated by official traffic signs.
  4. Workers at Risk: The defendant must drive in (a highway maintenance or construction area) (a railroad maintenance or construction area) (a utility work area) (an emergency or roadside response area) where workers are at risk from traffic.
  5. Bodily Harm: The defendant’s driving must result in bodily harm to another.

Jury Instruction

Wis JI-Criminal 2676C

 

§ 346.57(4)(h) Speeding: Exceeding 55 miles per hour in the absence of posted limits under § 346.57(4)(h) or an ordinance adopting § 346.57(4)(h)

Summary

To be guilty of this offense, the prosecution must prove that the defendant was driving a vehicle at a speed in excess of 55 miles per hour, and that there were no other fixed limits or different speed limits indicated by official traffic signs at the location.

Elements of the Offense

  1. Driving a Vehicle: The defendant must be driving a vehicle.
  2. Speed Limit: The defendant drives at a speed in excess of 55 miles per hour.
  3. Absence of Other Limits: There are no other fixed limits applicable, and there are no different speed limits indicated by official traffic signs.

Jury Instruction

Wis JI-Criminal 2677

 

§ 346.57(4)(h) and § 346.60 (3m)(a)2 Speeding: Exceeding 55 miles per hour in the absence of posted limits - criminal offense

Summary

To be guilty of this offense, the prosecution must prove that the defendant was driving a vehicle at a speed in excess of 55 miles per hour, and that there were no other fixed limits or different speed limits indicated by official traffic signs at the location. The prosecution must also prove that the defendant’s driving caused bodily harm to another.

Elements of the Offense

  1. Driving a Vehicle: The defendant must be driving a vehicle.
  2. Speed Limit: The defendant drives at a speed in excess of 55 miles per hour.
  3. Absence of Other Limits: There are no other fixed limits applicable, and there are no different speed limits indicated by official traffic signs.
  4. Workers at Risk: The defendant must drive in (a highway maintenance or construction area) (a railroad maintenance or construction area) (a utility work area) (an emergency or roadside response area) where workers are at risk from traffic.
  5. Bodily Harm: The defendant’s driving must result in bodily harm to another.

Jury Instruction

Wis JI-Criminal 2677A

 

§ 346.57(5) Speeding: exceeding posted limits under § 346.57(5) or an ordinance adopting § 346.57(5)

Summary

To be guilty of this offense, the prosecution must prove that the defendant was driving a vehicle, that the speed limit was established pursuant to law by state or local authorities, that the speed limit was indicated by official signs, and that the defendant drove in excess of the posted speed limit.

Elements of the Offense

  1. Driving a Vehicle: The defendant must be driving a vehicle.
  2. Speed Limit Established by Law: The speed limit must be established pursuant to law by state or local authorities.
  3. Posted Speed Limit: The speed limit must be indicated by official signs.
  4. Exceeding the Posted Speed Limit: The defendant must drive in excess of the speed limit established and posted by state or local authorities.

Jury Instruction

Wis JI-Criminal 2678

§ 346.57(5) and § 346.60 (3m)(a)2 Speeding: exceeding posted limits - criminal offense

Summary

To be guilty of this offense, the prosecution must prove that the defendant was driving a vehicle, that the speed limit was established pursuant to law by state or local authorities, that the speed limit was indicated by official signs, and that the defendant drove in excess of the posted speed limit. The prosecution must also prove that the defendant’s driving caused bodily harm to another.

Elements of the Offense

  1. Driving a Vehicle: The defendant must be driving a vehicle.
  2. Speed Limit Established by Law: The speed limit must be established pursuant to law by state or local authorities.
  3. Posted Speed Limit: The speed limit must be indicated by official signs.
  4. Exceeding the Posted Speed Limit: The defendant must drive in excess of the speed limit established and posted by state or local authorities.
  5. Workers at Risk: The defendant must drive in (a highway maintenance or construction area) (a railroad maintenance or construction area) (a utility work area) (an emergency or roadside response area) where workers are at risk from traffic.
  6. Bodily Harm: The defendant’s driving must result in bodily harm to another.

Jury Instruction

Wis JI-Criminal 2678A

 

§ 346.62(2) Reckless driving: endangering safety (criminal offense)

Summary

To be guilty of this offense, the prosecution must prove that the defendant was operating a vehicle in a negligent manner, and that this negligent operation endangered the safety of any person or property.

Elements of the Offense

  1. Driving a Vehicle: The defendant must be driving a vehicle.
  2. Negligent Operation: The defendant must be operating the vehicle in a negligent manner. *
  3. Endangerment: The negligent operation of the vehicle must endanger the safety of any person or property.

Jury Instruction

Wis JI-Criminal 2650

*Section 346.62(1) states: ""Negligent" has the meaning designated in s. 939.25(2)," This is a reference to the Criminal Code definition of “criminal negligence.""

 

§ 346.62(3) Reckless driving: causing bodily harm

Summary

To be guilty of this offense, the prosecution must prove that the defendant was operating a vehicle in a negligent manner, and that this negligent operation caused bodily harm to another person.

Elements of the Offense

  1. Driving a Vehicle: The defendant must be driving a vehicle.
  2. Negligent Operation: The defendant must be operating the vehicle in a negligent manner.*
  3. Causation: The negligent operation of the vehicle must cause bodily harm to another person.

Jury Instruction

Wis JI-Criminal 2652

*Section 346.62(1) states: ""Negligent" has the meaning designated in s. 939.25(2)," This is a reference to the Criminal Code definition of “criminal negligence.""

 

§ 346.62(4) Reckless driving: causing great bodily harm

Summary

To be guilty of this offense, the prosecution must prove that the defendant was operating a vehicle in a negligent manner, and that this negligent operation caused great bodily harm to another person.

Elements of the Offense

  1. Driving a Vehicle: The defendant must be driving a vehicle.
  2. Negligent Operation: The defendant must be operating the vehicle in a negligent manner.*
  3. Causation: The negligent operation of the vehicle must cause great bodily harm to another person.

Jury Instruction

Wis JI-Criminal 2654

*Section 346.62(1) states: ""Negligent" has the meaning designated in s. 939.25(2)," This is a reference to the Criminal Code definition of “criminal negligence.""

 

§ 346.63(1)(a) Operating a motor vehicle while under the influence of an intoxicant, a controlled substance, a controlled substance analog, or any combination of these, or under the influence of any other drug or the combined influence of an intoxicant and any other drug to a degree which renders him or her incapable of safely driving.

Summary

To be guilty of this offense, the prosecution must prove that the defendant was a person driving or operating a motor vehicle while under the influence of an intoxicant, a controlled substance, a controlled substance analog, or any combination of these, or under the influence of any other drug or the combined influence of an intoxicant and any other drug to a degree which renders him or her incapable of safely driving.

Elements of the Offense

  1. Operation of a Motor Vehicle: The defendant must be driving or operating a motor vehicle.
  2. Under the Influence: The defendant must be under the influence of one or more of the following:
    1. An intoxicant.
    2. A controlled substance.
    3. A controlled substance analog.
    4. Any combination of an intoxicant, a controlled substance, and a controlled substance analog.
    5. Any other drug to a degree which renders him or her incapable of safely driving.
    6. A combination of an intoxicant and any other drug to a degree which renders him or her incapable of safely driving.

Jury Instruction

Wis JI-Criminal 2663
Wis JI-Criminal 2664
Wis JI-Criminal 2664A
Wis JI-Criminal 2666
Wis JI-Criminal 2666A


§ 346.63(1)(a) Operating a motor vehicle while under the influence of an intoxicant: hazardous inhalant

Summary

To be guilty of this offense, the prosecution must prove that the defendant was driving or operating a motor vehicle while under the influence of an intoxicant that is a hazardous inhalant.

Elements of the Offense

  1. Operation of a Motor Vehicle: The defendant must be driving or operating a motor vehicle.
  2. Under the Influence: The defendant must be under the influence of an intoxicant that is a hazardous inhalant.

Jury Instruction

Wis JI-Criminal 2667

 

§ 346.63(1)(a) and § 346.65(2)(f)1 Operating a motor vehicle while under the influence of an intoxicant with a child under 16 years of age in the vehicle

Summary

To be guilty of this offense, the prosecution must prove that the defendant was driving or operating a motor vehicle while under the influence of an intoxicant, a controlled substance, a controlled substance analog, or any combination of these, or under the influence of any other drug or the combined influence of an intoxicant and any other drug to a degree which renders him or her incapable of safely driving. Additionally, if there was a minor passenger under 16 years of age in the motor vehicle at the time of the violation, the defendant shall be fined not less than $350 nor more than $1,100 and imprisoned for not less than 5 days nor more than 6 months.

Elements of the Offense

  1. Operation of a Motor Vehicle: The defendant must be driving or operating a motor vehicle.
  2. Under the Influence: The defendant must be under the influence of one or more of the following:
    • An intoxicant.
    • A controlled substance.
    • A controlled substance analog.
    • Any combination of an intoxicant, a controlled substance, and a controlled substance analog.
    • Any other drug to a degree which renders him or her incapable of safely driving.
    • A combination of an intoxicant and any other drug to a degree which renders him or her incapable of safely driving.
  3. Presence of a Minor Passenger: There was a minor passenger under 16 years of age in the motor vehicle at the time of the violation.

Jury Instruction

Wis JI-Criminal 2663D

 

§ 346.63(1)(am) Operating a motor vehicle with a detectable amount  of a restricted controlled substance

Summary

To be guilty of this offense, the prosecution must prove that the defendant was driving or operating a motor vehicle, and that the defendant had a detectable amount of a restricted controlled substance in his or her blood.

Elements of the Offense

  1. Operation of a Motor Vehicle: The defendant must be driving or operating a motor vehicle.
  2. Detectable Amount of a Restricted Controlled Substance: The defendant has a detectable amount of a restricted controlled substance in his or her blood at the time he or she is driving or operating the motor vehicle.

Jury Instruction

Wis JI-Criminal 2664B


§ 346.63(1)(b) Operating a motor vehicle with a prohibited  alcohol concentration - 0.08 grams or more

Summary

To be guilty of this offense, the prosecution must prove that the defendant was driving or operating a motor vehicle, and that the defendant had a prohibited alcohol concentration in his or her blood.

Elements of the Offense

  1. Operation of a Motor Vehicle: The defendant must be driving or operating a motor vehicle.
  2. Prohibited Alcohol Concentration: The defendant has a prohibited alcohol concentration at the time he or she is driving or operating the motor vehicle.

Jury Instruction

Wis JI-Criminal 2660

 

§ 346.63(1)(b) Operating a motor vehicle with a prohibited alcohol concentration - criminal offense - 0.02 grams or more

Summary

To be guilty of this offense, the prosecution must prove that the defendant was driving or operating a motor vehicle, that the defendant had a prohibited alcohol concentration in his or her blood, and that the defendant has three or more convictions, suspensions, or revocations as counted under § 343.307(1).

Elements of the Offense

  1. Operation of a Motor Vehicle: The defendant must be driving or operating a motor vehicle.
  2. Prohibited Alcohol Concentration: The defendant has a prohibited alcohol concentration at the time he or she is driving or operating the motor vehicle.
  3. Prior Convictions, Suspensions, or Revocations: The defendant has three or more convictions, suspensions, or revocations, as counted under § 343.307(1).

Jury Instruction

Wis JI-Criminal 2660C

 

§ 346.63(1)(b) Operating a motor vehicle with a prohibited alcohol concentration - criminal offense - more than 0.02 grams - subject to an ignition interlock order

Summary

To be guilty of this offense, the prosecution must prove that the defendant was driving or operating a motor vehicle, that the defendant had a prohibited alcohol concentration at the time he or she was driving or operating the motor vehicle, and that the defendant was subject to a court order under § 343.301 requiring the installation of an ignition interlock device.

Elements of the Offense

  1. Operation of a Motor Vehicle: The defendant must be driving or operating a motor vehicle.
  2. Prohibited Alcohol Concentration: The defendant has a prohibited alcohol concentration at the time he or she is driving or operating the motor vehicle.
  3. Ignition Interlock Device: The defendant was subject to a court order under § 343.301 requiring the installation of an ignition interlock device.

Jury Instruction

Wis JI-Criminal 2660D


§ 346.63(2)(a)1 Operating a vehicle while under the influence of an intoxicant and causing injury

Summary

To be guilty of this offense, the prosecution must prove that the defendant was operating a vehicle, caused injury to another person by operating the vehicle, and was under the influence of an intoxicant, a controlled substance, a controlled substance analog, or any combination of these, or under the influence of any other drug or the combined influence of an intoxicant and any other drug to a degree which rendered him or her incapable of safely driving.

Elements of the Offense

  1. Operation of a Vehicle: The defendant must be operating a vehicle.
  2. Causing Injury: The defendant must cause injury to another person by operating the vehicle.
  3. Under the Influence: The defendant must be under the influence of one or more of the following:
    1. An intoxicant.
    2. A controlled substance.
    3. A controlled substance analog.
    4. Combination of an intoxicant, a controlled substance, and a controlled substance analog.
    5. Any other drug to a degree which renders him or her incapable of safely driving.
    6. Combined influence of an intoxicant and any other drug to a degree which renders him or her incapable of safely driving.

Jury Instruction

Wis JI-Criminal 2665

 

§ 346.63(2)(a)2. Operating a vehicle with a prohibited alcohol concentration and causing injury - 0.08 grams or more

Summary

To be guilty of this offense, the prosecution must prove that the defendant was operating a vehicle, caused injury to another person by operating the vehicle, and had a prohibited alcohol concentration at the time of operating the vehicle.

Elements of the Offense

  1. Operation of a Vehicle: The defendant must be operating a vehicle.
  2. Causing Injury: The defendant must cause injury to another person by operating the vehicle.
  3. Prohibited Alcohol Concentration: The defendant must have a prohibited alcohol concentration at the time of operating the vehicle.

Jury Instruction

Wis JI-Criminal 2661

 

§ 346.63(5)(a) Operating a commercial motor vehicle with an alcohol concentration of 0.04 grams or more but less than 0.08 grams - criminal offense

Summary

To be guilty of this offense, the prosecution must prove that the defendant was driving or operating a commercial motor vehicle, and that the defendant had an alcohol concentration of 0.04 or more but less than 0.08 at the time of driving or operating the commercial motor vehicle.

Elements of the Offense

  1. Driving or Operating a Commercial Motor Vehicle: The defendant must be driving or operating a commercial motor vehicle.
  2. Alcohol Concentration: The defendant has an alcohol concentration of 0.04 or more but less than 0.08 at the time of driving or operating the commercial motor vehicle.

Jury Instruction

Wis JI-Criminal 2690


§ 346.67 Failure to give information or render aid following an accident

Summary

To be guilty of this offense, the prosecution must prove that the defendant was the operator of a vehicle involved in an accident, who reasonably investigated what was struck and knew or had reason to know that the accident resulted in injury or death of a person or in damage to a vehicle driven or attended by a person. The defendant must have stopped the vehicle as close to the scene of the accident as possible, remained at the scene until providing their name, address, and registration number to the appropriate persons, exhibited their operator’s license upon request and if available, and rendered reasonable assistance to any injured person. The stop must have been made without obstructing traffic more than necessary.

Elements of the Offense

  1. Operator of a Vehicle: The defendant must be the operator of a vehicle involved in an accident.
  2. Knowledge: The defendant knows or has reason to know that that the vehicle they are operating has been involved in an accident on a highway.
  3. [Investigation: The defendant violates their duty to reasonably investigate what was struck.]
    OR
    Investigation: The defendant knows or has reason to know that the accident resulted in injury or death of a person or in damage to a vehicle that is driven or attended by a person and violates his or her duty to:
    • Stop the vehicle as close to the scene of the accident as possible without obstructing traffic more than is necessary.
    • Give his or her name, address, and the registration number of the vehicle being driven to the person struck or to the operator, occupant, or person attending any vehicle collided with.
    • Exhibit his or her operator’s license to the person struck or to the operator, occupant, or person attending any vehicle collided with.
    • Render reasonable assistance to any person injured in the accident, including transporting or making arrangements to transport the person to a physician, surgeon, or hospital for medical or surgical treatment if it is apparent that such treatment is necessary or if requested by the injured person.]
    • The defendant was physically capable of complying with these requirements.

Jury Instruction

Wis JI-Criminal 2670

 

Updated January 2025

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