As is true in all 50 states, driving drunk is illegal and has severe consequences. Not only do drivers put themselves at risk, but they can also endanger the passengers in their car, pedestrians, and people in other vehicles. In Wisconsin, it is illegal for a driver who is at least 21 years old to operate a motor vehicle with a blood alcohol concentration (BAC) of 0.08 or greater. Drivers are also prohibited from driving while under the influence of intoxicants, with any detectable amount of a restricted controlled substance in their bloodstream, and/or while they are under the influence of controlled substances or other drugs. Those below the age of 21 must have complete sobriety when driving or operating a vehicle.

DUI vs. OWI

In many states, the abbreviation DUI is used to refer to the offense of driving under the influence of alcohol, drugs, or other intoxicating substances. However, Wisconsin law refers to this offense as Operating While Intoxicated, or OWI. The Wisconsin statutes consider the “physical manipulation or activation of any of the controls of a motor vehicle necessary to put it in motion” as operating a vehicle.  Sec. 346.63(3)(b), Stats. OWI charges do not necessarily require the actual movement of the car, but rather, actions that could do so. For instance, an intoxicated individual who is sitting in the front seat of a stationary but running car could potentially be charged with OWI. 

In Wisconsin, refusing a breathalyzer test after being arrested for suspected drunk driving can result in the suspension of your driver’s license. However, what many people do not know is that a roadside blood alcohol content (BAC) test is voluntary. Due to the danger of license suspension, many people submit to a breathalyzer test and live with the results that come from it. However, breathalyzer tests are not always 100 percent accurate, and there are ways to challenge the results in Wisconsin courts.

Tests Used By Police to Determine BAC

A breathalyzer test is a way to measure the amount of alcohol in someone’s body by taking a breath sample. In Wisconsin, a person can be convicted of drunk driving if it is determined that his or her blood alcohol content is .08 or higher. While the courts generally consider breathalyzer tests to be reliable, blood tests are widely regarded as the most reliable means to test BAC. Urine tests have also been used to measure BAC; however, those tests are often less reliable than breathalyzer or blood tests.

By Attorney Kristen Nelson

Being arrested for operating while intoxicated is scary. The first thing most people worry about is how the arrest and subsequent conviction will affect their driver’s license and their ability to drive. They hire an attorney who is experienced with OWI cases. But, if you are a healthcare professional in Wisconsin, you also need an attorney who is experienced with professional licensing defense.

Depending on your professional license, you may or may not need to report your OWI conviction to the licensing board that granted you your license. If you are renewing your license while the case is pending, meaning after your arrest but before the case is resolved, you will most likely need to report the arrest on your renewal application.

During the holiday season, you will likely have many occasions to celebrate with friends and family. When you drink alcohol at these parties, it is best to avoid getting behind the wheel of a vehicle. You should do everything you can to ensure that you are not one of the many who will be arrested for OWI (Operating While Intoxicated, the official charge for drunk driving in Wisconsin) during the holidays.

Alcohol Consumption by Holiday

According to Alcohol.org, the average number of drinks consumed on Thanksgiving is 2.7. The average number of drinks consumed on other “winter holidays” is 3.1. New Year’s Eve is one of the booziest holidays for Americans, as the average number of drinks consumed on that day is 4.4. 

Tips to Avoid Driving Drunk

The National Institute on Alcohol Abuse and Alcoholism, one of the organizations that make up the National Institutes of Health, offers the following tips:

Many people associate DUI, or driving under the influence, with the overconsumption of alcohol. However, one can be convicted of a DUI (also called Operating While Intoxicated or OWI) for driving while under the influence of illegal drugs or prescription medications.

Marijuana OWI

There are several reasons why marijuana OWI charges are on the rise in recent years. Marijuana has become legal for medical or recreational purposes in many states. Also, Canada recently legalized pot for recreational use nationwide. In addition, growing practices have yielded increasingly more potent marijuana crops. 

Wisconsin law states that “No person may drive or operate a motor vehicle while . . . [t]he person has a detectable amount of a restricted controlled substance in his or her blood.” This is different from how the law defines OWI for alcohol, which occurs when someone drinks to a point that “renders him or her incapable of safely driving.”