SUMMARY OF THE WISCONSIN IMPAIRED DRIVING STATUTES
Common Acronym(s) used to describe drunk driving: OWI, OMVWI, Operating While Impaired/Intoxicated.
Prohibited Vehicular Activity: “drive or operate.”
- The term “drive” is defined in Wis. Stat. § 346.63(3)(a), which reads: “Drive” means the exercise of physical control over the speed and direction of a motor vehicle while it is in motion.
- The term “operate” is defined in Wis. Stat. § 346.63(3)(b), which reads: “‘Operate’” means the physical manipulation or activation of any of the controls of a motor vehicle necessary to put it in motion.”
Covered Vehicles or Devices:
The term “motor vehicle” is defined under Wis. Stat. § 340.01(35), which reads:
“Motor vehicle” means a vehicle, including a combination of 2 or more vehicles or an articulated vehicle, which is self-propelled, except a vehicle operated exclusively on a rail. “Motor vehicle” includes, without limitation, a commercial motor vehicle or a vehicle which is propelled by electric power obtained from overhead trolley wires but not operated on rails. A snowmobile, an all-terrain vehicle, and a utility terrain vehicle, and an electric personal assistive mobility device shall be considered motor vehicles only for purposes made specifically applicable by statute.
Covered Locations: “Upon a highway or upon premises held open to the public.”
Wis. Stat.§ 346.61 explains that a person can be charged with Operating While Intoxicated if they are driving or operating a motor vehicle on a highway or any premise held out to the public for use of their motor vehicles. This includes all premises provided by employers to employees for use of their motor vehicles, and all premises provided to tenants of rental housing in buildings of 4 or more units for use of their motor vehicles, whether such premises are publicly or privately owned.
The OWI statute does not apply to private parking areas at farms or single-family residences.
Operating Under the Influence Offenses:
Wis. Stat.§ 346.63(1)(a), (b)
No person may drive or operate a motor vehicle while:
- Under the influence of an intoxicant, a controlled substance, a controlled substance analog or any combination of an intoxicant, a controlled substance and a controlled substance analog, under the influence of any other drug to a degree which renders him or her incapable of safely driving, or under the combined influence of an intoxicant and any other drug to a degree which renders him or her incapable of safely driving; or
- 63(1)(am)The person has a detectable amount of a restricted controlled substance in his or her blood.
Wisconsin DUI Laws – statute(s)
- S.A. § 346.63.
Wisconsin DUI Laws – standard
- “No person may drive or operate a motor vehicle while: . . . [u]nder the influence of an intoxicant, a controlled substance, a controlled substance analog or any combination of an intoxicant, a controlled substance and a controlled substance analog, under the influence of any other drug to a degree which renders him or her incapable of safely driving, or under the combined influence of an intoxicant and any other drug to a degree which renders him or her incapable of safely driving.” W.S.A. § 346.63(1)(a).
Wisconsin DUI Laws – applicable substances
- Controlled substance, controlled substance analog, or any other drug.
Wisconsin DUI Laws – affirmative defense
Wisconsin Per se – statute(s)
- S.A. § 346.63.
Wisconsin Per se – standard
- “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.” W.S.A. § 346.63(1)(am).
Wisconsin Per se – applicable substances
- Restricted controlled substance, which means: (1) a controlled substance included in schedule I other than a tetrahydrocannabinol; (2) the heroin metabolite 6-monoacetylmorphine; (3) a controlled substance analog, as defined in § 961.01(4m), of a controlled substance; (4) cocaine or any of its metabolites; (5) methamphetamine; or (6) delta-9-tetrahydrocannabinol. W.S.A. § 340.01(50m).
Wisconsin Per se – affirmative defense(s)
- In an action under W.S.A. § 346.63(1)(am) that is based on a detectable amount of methamphetamine, gamma-hydroxybutyric acid, or delta-9-tetrahydrocannabinol, there is a defense if the defendant “proves by a preponderance of the evidence that at the time of the incident or occurrence he or she had a valid prescription for methamphetamine or one of its metabolic precursors, gammahydroxybutyric acid, or delta-9-tetrahydrocannabinol.” W.S.A. § 346.63(1)(d).
Wisconsin Implied consent – applicable drivers
- Any person who drives a motor vehicle on the public highways of Wisconsin. W.S.A. § 343.305(2). Implied consent – tests authorized One or more tests of breath, blood or urine. W.S.A. § 343.305(2).
Wisconsin Implied consent – basis for test
- LEO can request test if driver is arrested for a violation of drugged driving laws. W.S.A. § 343.305(2).
- Test can be requested if driver is involved in accident causing great bodily harm to another person and LEO detects any presence of alcohol, or a controlled substance or analog. W.S.A. § 343.305(3)
Wisconsin Implied consent – evidence of refusal
- Refusal to test can be used against driver in court. W.S.A. § 343.305(5).
