DRUNK DRIVING laws
in wisconsin

Under Wisconsin laws, it is illegal for a person to drive a motorized vehicle while under the influence.

Under the Influence

A person is considered to be under the influence when the percentage of alcohol in their bloodstream exceeds the legally allowable percentage under current Wisconsin law. A person can also be arrested for an OWI - Operating While Under The Influence - if they have other substances in their bloodstream, such as prescription medications, over-the-counter drugs or illegal drugs. Lastly, a person can be arrested for an OWI in Wisconsin if they are merely impaired by any means or unable to maintain control of their vehicle.

While OWI is an acronym for Operating While under the Influence, sometimes it is referred to as Operating While Intoxicated or Operating While Impaired. The key term in Wisconsin's drunk driving statute is "impaired." Impaired means that person did not have command and control over the motor vehicle being driven.

See Save Your Driver's License for information about the administrative hearing or refusal hearing that must be demanded within 10 days.

Wisconsin Zero Tolerance Law

If you are under the age of 21 years, and you are stopped by a police officer, you will be arrested. Wisconsin's zero tolerance law means that the law has a zero tolerance for anyone who has consumed alcohol while under the legal drink age.

Drinking Age

The drink age in the state of Wisconsin is 21 years.

Under The Influence

Under Wisconsin law, a person is prohibited from drinking and driving when he or she is "under the influence". "Under the influence" simply means that his or her ability to operate a motorized vehicle is impaired. Most OWI tickets are issued for alcohol, but they can also be issued for being under the influence of drugs or even prescription drugs.

Blood Alcohol Level

A driver who is over the age of 21 years, with no prior OWI (Operating While Intoxicated) convictions, is prohibited from driving when his BAC (Blood Alcohol Concentration) level is at 0.08 or greater.

First Drunk Driving - 1st OWI

A first OWI conviction may result in fines between $150 and $300, plus a $355 surcharge. For a first OWI, the driver's license may be suspended or revoked for a period of six to nine months, although an occupational license may be available immediately.

An OWI 1st offense is not a crime under Wisconsin law unless a child is in the vehicle.

OWI 2nd & OWI 3rd

As the number of OWI convictions increase, the fines increase (ranging from $600 up to $10,000 plus surcharges), the allowable jail term increases (ranging from 6 months to 6 years), and the length of time that the person's driver's license is revoked increases (6 months to permanent revocation).

OWI 4th Offense & Higher

For a fourth offense OWI, which is a felony in the state of Wisconsin, or if an accident or death result and one of the drivers is intoxicated, the penalties increase and can reach upwards of $100,000, with a possible jail term of 25 years.

Prior Drunk Driving Convictions

If a driver has previously been arrested and convicted of drunk driving, then the allowable limit for a BAC (Blood Alcohol Concentration) level will be lower. For example, a person with three prior convictions is prohibited by law to operate a vehicle with a BAC of 0.02 or above.

OWI? Call Right Away - Free Consultation

If you have been arrested for drunk driving, call (608-284-1200) the attorneys at Van Wagner & Wood right away for a free no-obligation "first-impression" analysis of the case against you and how the laws of the state of Wisconsin can affect you and your future.

Contact Van Wagner & Wood