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Operating a Motor Vehicle while Intoxicated (OWI) & Alcohol Information

An OWI / DUI in the state of Wisconsin is a serious crime. Drivers can be charged with OWI related to alcohol in two ways:

346.63(1)(a) – Driving while under the influence of alcohol to the degree that the driver cannot safely control their vehicle; and/or

346.63(1)(b) – Driving with a prohibited alcohol concentration (PAC) (aka BAC) of .08 or more for drivers 21 years of age or older; .04 for commercial vehicle drivers; and absolute sobriety for drivers under the age of 21.

Under the Influence of Alcohol:

Wisconsin police do not need to know what a person’s breath or blood alcohol concentration (BAC) is, in order to charge a driver with DUI. Rather, police can a driver with DUI if the drivers displays signs that they are impaired by alcohol to a degree that the driver cannot safely operate the vehicle. To determine whether a driver is under the influence of alcohol/impaired, police rely on their training, professional and personal experiences, and Standardized Field Sobriety Tests (FTS’s). If police form the opinion that a driver has displayed enough clues of alcohol impairment, police can charge drivers with a OWI under Wisconsin Statute 346.63(1)(a).

OWI and BAC Legal Limit:

Wisconsin, like most states, makes it illegal to operate a motor vehicle with a breath or blood alcohol concentration of .08 or higher. Wisconsin calls this a “prohibited alcohol concentration” – “PAC” for short. Other states may refer to this as a breath/blood alcohol concentration – “BAC” for short. While a .08 PAC is the legal limit for most drivers, lower BAC limits exist in Wisconsin for (1) drivers of commercial motor vehicles; (2) drivers under the age of 21 years old; and (3) drivers with prior DUI convictions.

OWI and Under 21 years old:

Drivers under the age of 21 years old are required to maintain absolute sobriety while driving in the State of Wisconsin. Absolute sobriety is commonly referred to as “zero tolerance” for alcohol (and drugs); meaning that a driver under 21 must have a BAC of 0.0 when driving a vehicle. The penalty for a zero-tolerance violation can be a suspension or revocation of driving privileges, depending on the circumstances.

OWI and Commercial Drivers Licenses (CDL’s):

Wisconsin has two important laws governing operating commercial vehicles and intoxicants. Wisconsin Statute 343.63(5) indicates that “no person may drive or operate a commercial vehicle while the person has an alcohol concentration of 0.04 or more but less than 0.08.” However, Wisconsin Statute 346.65(2u) makes it illegal to operate a commercial vehicle with any alcohol concentration.

BAC and Prior OWI Convictions:

Drivers with 3 or more OWI/DUI convictions are prohibited from driving with a PAC level of .02 or higher.