Could You Go to Jail for Not Yielding to an Emergency Vehicle?

 Posted on October 22, 2025 in Criminal Defense

Most Wisconsin drivers are aware they are supposed to pull over for emergency vehicles, but far fewer know just how severe the consequences can be if they do not. Failure to yield to an emergency vehicle is much more severe than a simple traffic ticket.

If a failure to yield leads to an accident that results in injury or death, the driver can face criminal charges, hefty fines, and even jail time under Wisconsin Statute Section 346.19. Even though these cases can arise from distraction, confusion, or panic as well as a deliberate refusal to move over, the law treats them extremely seriously.

If you are facing serious traffic charges, you must have a strong legal advocate in your corner. A Dodge County, WI criminal defense lawyer can comprehensively review the facts and circumstances of your charges, then determine the best defense for the most positive outcome possible.  

What Are Wisconsin Laws Regarding Yielding to Emergency Vehicles?

Wisconsin’s "Move Over" law can be found under Wisconsin Statutes Sections 346.19(1) to (3) and Section 346.072. Under the Move Over law, drivers must yield to police vehicles, fire trucks, ambulances, tow trucks, and highway maintenance vehicles with flashing lights. Drivers must pull over to the right-hand edge of the road, stopping until the emergency vehicle has passed.

When Can Simple Failure to Yield Become a Criminal Offense?

A simple failure to yield ticket will add four points to the driver’s license, and will trigger a fine of $175 to $300. The driver will be required to complete a failure-to-yield right-of-way course. This offense is usually when a driver fails to yield or move over for an emergency vehicle, but there were no injuries or property damage as a result.

Failure to Yield Causing Bodily Injury is a criminal misdemeanor that occurs when the driver negligently fails to yield or move over for an emergency vehicle, and another person is injured as a result. The penalties for this offense include up to nine months in jail, a $10,000 fine, and a possible license suspension. There must be proof of causation between the failure to yield and the injuries.

Failure to Yield Causing Death is a Class I felony offense. This offense occurs when a driver’s negligent operation and failure to yield or move over causes the death of another person. No intentional harm is required; negligence is sufficient. Penalties for this felony include up to three and a half years in prison and a $10,000 fine, along with suspension of the driver’s license.  Some common scenarios that can lead to criminal failure to yield charges include:

• The driver misjudges the speed or direction of an emergency vehicle.
• The driver is engaged in distracted driving behaviors like texting, GPS navigation, or listening to very loud music.
• The driver fails to move over and slow down for a parked emergency or tow vehicle on the highway.
• Instead of pulling over to the right, the driver stops in the middle of the intersection or blocks the lane.

How Do Police Investigate These Failure to Yield Cases?

Dashcam or bodycam footage, along with witness statements, is often the way these cases are made. There may also be traffic intersection or highway cameras, along with the event data recorder from the vehicle that shows speeding or braking. The question police will seek to answer is whether the failure to yield directly caused or contributed to the injury or death. Insurance and civil lawsuits often exist at the same time as the criminal case.  

Contact a Walworth County, WI Traffic Offense Attorney

Give your Dodge County, WI criminal defense attorney from Bucher Law Group, LLC the best chance of success by not making any statements to police without counsel, and preserving dashcam or GPS data that may work in your favor. Early legal intervention can prevent escalation from misdemeanor to felony prosecution in many cases. Attorney Bucher has litigated thousands of cases and spent 20  years as the Waukesha County District Attorney. Call 262-446-9222 today to schedule your free consultation.