RudolphMike Attorney at Law DUI Defense Lawyer Save Your Driver's
Mike Rudolph
fox valley DUI defense attorney
G. Brian Brophy Attorney at Law DUI Defense Lawyer Two tickets?
brian brophy
madison dui defense Attorney
RudolphMike Attorney at Law DUI Defense Lawyer Vehicular Homicide
Mike Rudolph
fox valley DUI defense attorney
G. Brian Brophy Attorney at Law DUI Defense Lawyer Field Sobriety Tests
brian brophy
madison dui defense Attorney
Tracey A. Wood Attorney at Law DUI Defense Lawyer Challenging Prior OWI Convictions
tracey wood
madison dui defense attorney
OWI-DUI Home PageGet Your Discount CouponFree Initial ConsultationWisconsin Circuit CourtsCourts of AppealRefer this siteAdd this website to your favorites by bookmarking it - click herePrint this page Legal Disclaimer
Rudolph Mike - DUI Defense Attorney Wisconsin DUI Laws
Mike Rudolph
attorney at law - wisconsin
Brian Brophy Attorney at Law DUI Defense Lawyer Request a call from an Attorney!
Brian Brophy
attorney at law - madison wisconsin


wisconsin drunk driving laws

OWI drunk driving laws

Drunk driving charges are often referred to by several names: an OWI for operating while intoxicated, or operating while under the influence, as well as a DUI for driving under the influence, or even DWI for driving while intoxicated. Wisconsin statutory law calls it "operating under the influence of an intoxicant or other drug" and the courts abbreviate it with OWI and the offense number (OWI-1st offense).

what does wisconsin law prohibit?

Wisconsin law prohibits:

  1. operating
  2. a motorized vehicle
  3. while under the influence, or
  4. while impaired, or
  5. with a detectable blood alcohol concentration level at or above the legal limit.

operating any vehicle

A person is considered to be "operating" a motor vehicle if he or she:

  1. is driving the motorized vehicle, or
  2. has the vehicle under his or her control.

"Under his or her control" is broadly defined to include vehicles that are parked and running, vehicles that are parked and not running with the keys in the ignition, and may include vehicles that are not running with the driver in the driver's seat if the keys are available. In other words, if the driver could have driven the vehicle, it is under his or her control.

a motorized vehicle

For statutory purposes, “Motor vehicle” means a vehicle, including a combination of 2 or more vehicles or an articulated vehicle, which is self−propelled, except a vehicle operated exclusively on a rail. “Motor vehicle” includes, without limitation, a commercial motor vehicle or a vehicle which is propelled by electric power obtained from overhead trolley wires but not operated on rails. A snowmobile and an all−terrain vehicle shall only be considered motor vehicles for purposes made specifically applicable by statute.

while under the influence

Under the influence means:

  1. has a detectable blood alcohol concentration level (referred to as BAC level) in excess of the legal limit (drunk), or
  2. has a detectable amount of alcohol, over-the-counter medication or prescription drug in the blood sufficient to impair driving, or
  3. has any detectable amount of any controlled substance or controlled substance analog, or
  4. is impaired and unable to safely drive.

while impaired

Wisconsin law does not just prohibit driving while drunk, but rather prohibits driving while impaired. Consequently, people can be arrested for driving without even a trace of alcohol in their blood. A prescription medication or even an over-the-counter drug can cause impairment, as well as numerous other factors.

while intoxicated

For statutory purposes, a person is considered to be intoxicated (drunk) if their blood alcohol concentration level is at .08 or higher, unless they were previously charged and convicted of three drunk driving offenses in this state in which case the legal blood alcohol limit is .02; however, prosecutors often count prior convictions from other states. [see Challenging Prior Convictions and Counting Prior Drunk Driving Convictions] Additionally, police can arrest a person with a lower blood alcohol concentration level than the statutory limit. can help

As the attorney outlines above, Wisconsin law doesn't just prohibit driving while drunk; it prohibits driving when you cannot drive safely. After a recent survey released by the federal government identifying Wisconsin as the worse state for drunk driving, police are cracking down on driving while under the influence of any intoxicant. A new Wisconsin advertisement states, "Drive Drunk. Get Arrested."

If you have been arrested for operating a motor vehicle while under the influence, having a prohibited alcohol concentratoin level, or reckless driving, please contact one of Wisconsin's Best DUI Defense attorneys as soon as possible. Time is limited to act to save your driver's license and prepare for court.

Call 1-800-978-4828
other states
WISCONSIN: Wisconsin DUI OWI Attorneys | Wisconsin ArticlesWI DUI Laws | OWI-DUI-IOWA | OWI-DUI-ALASKA |
OWI-DUI.COM: About | Discount Coupon | Web Links
Copyright © 2006-2016, All rights reserved, This is not a referral service.   | Legal Disclaimer

You may call the 800 number on this website if you cannot reach one of the numbers listed here to leave a message with a receptionist at our office for one of the attorneys to call you back. Please remember not to give any confidential privileged information.