You’ve probably heard both “DUI” and “OWI” used to describe drunk or impaired driving in Wisconsin. However, one of these terms appears in Wisconsin’s statutes. Here’s what you need to know—and what to do if you’ve been charged with drunk or drug-impaired driving in the state.
DUI vs. OWI
DUI stands for “driving under the influence.” It’s a commonly used phrase across the country and is widely recognized by the public. However, you won’t find the term “DUI” in Wisconsin statutes, on citations, or in court documents. While most people will know what you mean if you use the term “DUI,” Wisconsin uses different terminology.
Wisconsin refers to impaired driving as OWI, which stands for “operating while intoxicated.” Other states use similar acronyms, like DWI (driving while intoxicated) or OUI (operating under the influence), depending on how they define the offense.
Why Wisconsin Uses “Operating” Instead of “Driving”
Using “operating” rather than “driving” reflects the state’s broader definition of impaired driving. In Wisconsin, it’s illegal to operate a motor vehicle while:
- Under the influence of any intoxicant;
- With a blood alcohol concentration (BAC) of 0.08% or more;
- Under the influence of a controlled substance or any other drug;
- With a detectable amount of a restricted controlled substance in your blood.
“Operating” includes more than just driving on public roads. It also includes situations where the vehicle is running but not moving, or where you’re behind the wheel with the keys in the ignition—even if you aren’t driving. That distinction matters.
A Broad Definition of Impairment
OWI charges in Wisconsin aren’t limited to alcohol. You can be charged if you’re impaired by drugs, alcohol, or both. You can also be charged for having any detectable amount of a restricted controlled substance in your blood, even if you don’t appear impaired.
That means that a driver who tests positive for substances like THC, cocaine, or certain prescription medications can face OWI charges, even if they’re not obviously intoxicated.
OWI convictions also do not require evidence of erratic driving or a crash. If police have probable cause to believe you were operating while impaired, they can arrest you and request chemical testing. Failing or refusing a test can lead to administrative penalties, such as license suspension and ignition interlock device requirements.
In other words, evidence of impairment, like slurred speech or the smell of alcohol, is all the police need to make an arrest.
Penalties Are the Same Regardless of What It’s Called
Whether someone calls it a DUI or an OWI, the consequences are the same in Wisconsin. A first-offense OWI is usually a civil violation. However, you’ll still face penalties, including:
- A fine between $150 and $300, plus surcharges
- License revocation for six to nine months
- Alcohol and drug assessment
- Possible ignition interlock device if your BAC was 0.15% or higher
Subsequent offenses become criminal charges and can lead to jail time, longer license revocation, and higher fines.
What Out-of-State Drivers Need to Know
If you’re licensed in another state but charged with an OWI in Wisconsin, your home state may treat it as a DUI. Most states share driving records through the Interstate Driver’s License Compact. That means Wisconsin’s OWI conviction can impact your license and insurance outside the state. Plus, your home state may apply its own penalties on top of Wisconsin’s. It’s always smart to consult an experienced OWI defense attorney to help minimize the potential consequences.
Talk to an OWI Defense Attorney About Your Case
If you’re facing OWI charges in Wisconsin, Casper Mehlos Law Group, LLC can help. Contact us today to learn more about your legal options and how to protect your rights.
