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OWI / DUI / DWI Drunk Driving Laws in Wisconsin

Understanding the charges against you

It is illegal in Wisconsin for a driver over the age of 21 to operate a motor vehicle:

  • With a Blood/Breath Alcohol Concentration (BAC) of 0.08 or greater;
  • While under the influence of an intoxicant;
  • With a detectable amount of a restricted controlled substance in his or her blood; or
  • While under the influence of a controlled substance or any other drug.

For drivers with three or more prior Operating While Intoxicated (OWI) convictions, the limit is lower: they cannot operate a motor vehicle if their BAC is greater than 0.02

Drivers under 21 years of age are required by law to maintain "absolute sobriety," and, for them, driving with any amount of alcohol in their system is illegal.

A driver is "under the influence" when his or her ability to operate a motor vehicle is impaired. A person's ability to operate a motor vehicle is impaired if he or she is less able to safely control the vehicle because of the consumption of alcohol or controlled substances.

This means that if a police officer pulls you over and determines that you are impaired by alcohol and/or any other drug, you could be arrested and prosecuted, regardless of your BAC.

Penalties for operating a motor vehicle while intoxicated range from a forfeiture and license revocation for a first offense, to up to 6 years imprisonment, 3 year license revocation and possible seizure of vehicles for subsequent offenses. Additionally, more severe penalties apply if injury or death results.

Drunk Driving: Elements of the Offense

While the names of the offense may vary from state to state, Wisconsin's OWI law is made of the same two basic elements of all other states. The first basic element is that you have control over the motor vehilce. That means that you can be charged with OWI even if you are not driving the vehicle. The second element is being under the influence of a chemical subsance or over the blood alcohol limit of 0.08%.