Wisconsin Statutes Annotated Section 346.63
Type of DUID Law: Under the Influence, Incapable of Safely Driving, Per Se
Section 346.63 – 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 (am). The person has a detectable amount of a restricted controlled substance in his/her blood.
Type of Drugs Prohibited:
“Restricted Controlled Substance” under (1)(am) is defined by §340.01(50m) to mean any of the following:
(a) A controlled substance included in schedule I under ch. 961 other than a tetrahydrocannabinol. (b) A controlled substance analog, as defined in s. 961.01(4m), of a controlled substance described in par. (a).
(c) Cocaine or any of its metabolites.
(d) Methamphetamine.
(e) Delta-9-tetrahydrocannabinol.
“Controlled substance” under (1)(a) is defined in §961.01(4) to mean any drug, substance or immediate precursor included in schedules I to V.
“Drug” under (1)(a) is defined in § 450.01(1) to mean: Any substance recognized as a drug in the official U.S. pharmacopoeia and national formulary or official homeopathic pharmacopoeia of the United States or a supplement to either of them; any substance intended for use in the diagnosis, cure, mitigation, treatment or prevention of disease or other conditions in persons or other animals; any substance other than a device or food intended to affect the structure or any function of the body of persons or other animals; or any substance intended for use as a component of any article specified in pars. (a) to (c) but does not include gases or devices or articles intended for use or consumption in or for mechanical, industrial, manufacturing or scientific applications or purposes.
Source: National Highway Traffic Safety Administration
Marijuana use in vehicle
- Wisconsin does not allow the recreational or medicinal use of marijuana.
Reference: Drugged Driving: 2016 Summary of Key Provisions of State Laws
DUI Arrest Statistics and Wisconsin Drunk Driving Statistics
| DUI Arrest Statistics | Data | |
| Average number of people arrested annually for drunk driving | 1,500,000 | |
| Wisconsin DUI’s | 40,549 | 5,711,767 |
* Sources: State Justice Department, Federal Highway Administration
