Welcome to Legal Help
Home Wisconsin DUI (OWI) Laws Elements of DUI (OWI) in Wisconsin

Free Help – Ask Your DUI Questions

legal dui questions

Choose a State

Elements of DUI (OWI) in Wisconsin

The elements of an OWI offense are that a person is stopped for driving under the influence of alcohol, drugs, or a combination of the two.  The Wisconsin statute defines that a driver is under the influence when their ability to operate a motor vehicle is impaired.  It further states that a person’s ability to operate a motor vehicle is impaired if they are less able to safely control the vehicle because of the consumption of alcohol or controlled substances.

In one element that differs from some states, a driver does not have to be actually driving the vehicle to be arrested for an OWI.  The vehicle can be parked, but running and the driver can still be arrested for an OWI offense.

The state of Wisconsin uses a BAC (Blood / Breath Alcohol Concentration) level for OWI (Operating While Intoxicated) of 0.08 percent BAC.  This rate is similar to most states in the Unites States.  The 0.08 BAC standard applies to first, second, and third OWI offenses.  For the fourth and subsequent incidents, the BAC standard decreases to .02 percent.


If you have any questions about speeding tickets, please ask them at our legal help forum. free legal questions

Ask Questions, Get Answers

free legal help forum

Contact a DUI Lawyer Today!