How Serious Is a Hit-and-Run Charge in Wisconsin?

 Posted on December 12, 2025 in Criminal Defense

Many Wisconsin drivers would be surprised to learn how serious a hit-and-run charge can be. Even leaving the scene of a very minor fender bender in a parking lot can potentially lead to a suspended license, criminal charges, and a permanent record. And if a person is injured – or worse – the penalties can escalate quickly into felony charges with possible time in prison.

The moment you drive away from a crash, whether out of panic, confusion, or because you did not realize the damage, you could face consequences that can follow you for years or the rest of your life. What may seem like a small mistake can quickly escalate, creating significant legal risks. Before you speak with the police, it is essential that you fully understand what is at stake. An experienced Jefferson County, WI, criminal defense lawyer can ensure your rights and future are fully protected.

What is a Driver’s Legal Duty After a Crash in Wisconsin?

In the state of Wisconsin, drivers must stop immediately at the scene of an accident. The driver is required to provide his or her name, address, and vehicle information to the other driver and to the police. If requested, the driver must provide a driver’s license and render aid or call for help if anyone appears injured. Failure to comply with any step can lead to hit-and-run charges. Under Wisconsin Statute Sections 346.67 and 346.68, hit-and-run charges fall into four main categories:

• A hit-and-run involving only property damage is usually charged as a misdemeanor, with penalties including fines, license points, and possible jail time.
• A hit-and-run involving minor injuries is a Class A misdemeanor, with penalties of up to nine months in jail and significant fines. Prosecutors often enhance penalties if the defendant fled to avoid an OWI investigation.
• A hit-and-run involving serious injuries is charged as a Class E felony, with penalties of up to 15 years in prison, and an automatic license revocation if convicted.
• A hit-and-run resulting in death is charged as a Class D felony, with penalties of up to 25 years in prison, and may be combined with OWI, reckless driving, or vehicular homicide charges.

What Are Some Common Scenarios That Lead to Hit-and-Run Charges?

The most common hit-and-run scenario occurs when a driver is involved in a minor bump-in in a parking lot and leaves the scene. Many times, the driver believes the damage was too minor to exchange information. At other times, the driver may panic after a crash, perhaps because he or she is uninsured or driving on a suspended license.

If the driver assumes the other driver was not injured, he or she may leave the scene, or a driver who has been drinking may flee out of fear of an OWI arrest. If it is at night, in darkness, and perhaps in inclement weather, a driver may believe he or she struck a deer or other animal when, in fact, a pedestrian, cyclist, or parked vehicle was struck. Regardless of the reason for leaving the scene of the accident, an honest mistake is charged the same as an intentional flight.  

Why Are Hit-and-Run Charges Treated So Seriously in Wisconsin?

The main reason hit-and-run offenses are treated so seriously is because of safety concerns regarding the other driver. Drivers are required to render aid and call 911 after an accident. The law requires accountability, no matter the extent of the crash. In many cases, the police will assume a driver left the scene because he or she was impaired. Finally, delays in reporting an accident can worsen injuries and complicate investigations.

Potential Defenses to a Wisconsin Hit-and-Run Charge

While your specific defense will depend on the circumstances, your defense attorney may argue:

• Lack of knowledge
• Medical emergency
• Mistaken identity
• No injury or damage
• Moved to a safe location to pull over

Contact a Walworth County, WI Criminal Defense Lawyer

A hit-and-run charge in Wisconsin can quickly escalate from a misdemeanor to a felony, depending on the circumstances. If you have been accused of leaving the scene, a Jefferson County, WI hit-and-run attorney from Bucher Law Group, LLC can help. Attorney Bucher has litigated some of the most high-profile, complex cases in Wisconsin. Call 262-446-9222 to schedule your free consultation.