In order to be charged with Operating While Intoxicated (“OWI”), an individual must have driven a vehicle. So how do the laws of Wisconsin define “driving”? Where the vehicle’s keys are in the ignition and the vehicle is running, the law treats this as driving. Even where an officer does not see an individual putting…
The Wisconsin legal system operates on a graduated penalty system. This means that the more offenses an individual has, the worse the penalty gets for each subsequent offense. For example, a person’s third offense will be treated more harshly than their first, but the penalty for a third offense will be more lenient than a…
Wisconsin’s OWI law contains the following two offenses: Operating While Intoxicated (“OWI”) and Operating With a Prohibited Alcohol Concentration (“PAC”). While many individuals are charged with both offenses, one of the charges will normally be dropped for sentencing purposes because they are companion charges. An OWI charge requires proof that the individual was driving a…
What is a PBT? A preliminary breath test (PBT) is a procedure where the person whom the test is being administered to provides a specimen of breath into a device (a breathalyzer) which can indicate whether the amount of alcohol in the person’s breath is likely to exceed the legal limit. Many will encounter this preliminary…
In Wisconsin, any person operating a motor vehicle on a highway (which through case law case been defined as essentially every public roadway) is considered to have given their consent to be tested for the presence of intoxicants. This is what is referred to as “implied consent,” which essentially means that by using the public…
Instead of using the term DUI, Wisconsin uses OWI, which means “Operating While Intoxicated.” It is basically the same as a DUI and is treated the same in court. Under Wisconsin law, a driver is considered to be operating while intoxicated if: the driver is under the influence of an intoxicant so that his ability…
For you to be found guilty of an OWI at trial, the prosecution has to prove the elements of the crime beyond a reasonable doubt for OWI second offenses and higher or by preponderance of the evidence for first offenses. The elements they have to prove is that the defendant was 1) operating a motor…
