Last updated : November 18, 2024
Accidents involving OWI (operating while intoxicated) may have numerous ramifications for both, the employee and the employer. In Wisconsin, the law does not distinguish between driving under the influence of alcohol, marijuana, cocaine, other illegal substances, and legally prescribed drugs. Therefore, accidents involving employees driving while intoxicated can easily result in lawsuits filed against the employee and employer by any injured third parties.
Ramifications for the Employer
Under certain conditions, an employee’s actions or lack of actions can expose the employer to liability lawsuits. The injured third party may file a vicarious liability claim based on the theory of respondeat superior. The ideology behind this theory is that if the employer has the right to tell the employee what to do in order to reap rewards from the employee’s actions; then the employer should also have the responsibility of accounting for whatever consequences come from that employee’s actions. However, it is hard for a third party to win a lawsuit based on the respondeat superior theory alone.
Negligent entrustment may be added to the charges if the third party can prove the employer knew or had reason to believe the employee was not fit to drive the vehicle. Charges of negligent hiring or negligent retention may be brought against the employer if it can be proven that the employer knew or should have known that the employee’s driving would likely endanger others due to a past history of chemical abuse. Claims of negligent supervision may also be made by the injured party. Fortunately for the employer, all of these claims are very hard to prove in the Wisconsin circuit courts.
Unfortunately, the employer may still have to deal with the problem employee. Due to the protection provided by the American Disability Act, some employees with drug problems may not easily be fired. However, if the employee was OWI due to alcohol instead of marijuana, cocaine, or other illegal substances, then the person may be fired without further notice. That is, the employee can be fired as long as the company had a properly enforced drug and substance abuse policy in place at the time of the accident. However, the employee may still be entitled to file a workman’s compensation claim at a decreased compensation rate.
Ramifications for Employee
The ramifications for the employee can be quite devastating and affect the person for a very long time. Simply being involved in the accident can be very traumatizing. Adding in the experience of undergoing a Preliminary Breath Test, and then an additional Blood Alcohol Content (BAC) chemical test leads to even more traumatic stress. Then the accident and OWI begin to impact the person’s employment, credit and insurance ratings, social status, and other areas of the person’s life.
Depending on whether it is the person’s first offense or a repeat offense, the employee may face various penalties. The first offense typically results in a citation and fine, along with a suspended license from six months to a year. Ignition Interlock Devices (IID) are placed on the person’s vehicle if the BAC is .15 or higher. An ADOA Assessment may also be ordered. Moreover, the vehicle may be impounded.
The second offense become a misdemeanor and is punishable by up to one year in a county jail. The person’s driver’s license is suspended for a minimum of one year, and an IID is mandatorily installed on all vehicles owned by the person. AODA Assessment and treatment are also mandatory. The third offense turns into a felony charge if there were any prior OWI arrests during the previous five years. The third offense turns the person into a felon facing a prison sentence lasting from one year to life. Mitigating factors, such as injuries , property damages, or having a minor under 16 years old or a pregnant woman in the car may also increase the punishment’s severity.
Seeing Legal Assistance
Due to the severity of the punishments and fines, as well as the high liability risks, it is best to seek out the aid of an experienced OWI attorney immediately upon arrest. Whether you are an employer trying to protect your business or an employee being charged with OWI, you will definitely need the services of a highly trained legal professional. The ramifications are too important to just ignore.
