Wisconsin State Laws

SUMMARY OF WISCONSIN IMPAIRED DRIVING STATUTES

COMMON ACRONYM(S) USED TO DESCRIBE  DRUNK DRIVING: OWI, OMVWI, Operating While Impaired/Intoxicated.

PROHIBITED VEHICULAR ACTIVITY: “drive or operate.”{note}WSA  346.63(3).{/note}

COVERED VEHICLES OR DEVICES: “a motor vehicle.”

COVERED LOCATIONS: upon a highway or upon premises held open to the public.

IMPAIRED DRIVING OFFENSES:{note}WSA  346.63(1)(a),(b).{/note}
Driving, etc., while under the influence of an intoxicant or controlled substance or a combination of both.
Driving, etc., while under the influence of any other drug or while under the combined influence of an intoxicant and any other drug.
Driving, etc., with an alcohol concentration of .08 or more (per se offense) in first, second, and third offenses.
Driving, etc. with an alcohol concentration of .02 or more (per se offense) in fourth offenses and higher.
Driving, etc. with any amount of a prohibited controlled substance (per se offense).

DEGREE OF IMPAIRMENT REQUIRED:

For DUI alcohol: Impairment to a degree which renders [the operator] incapable of safely driving.{note} State v. Waalen, 130 Wis. 2d 18, 386 N.W.2d 47(1986).{/note}

For DUI drugs: Impairment to a degree which renders the person incapable of safely driving or operating with any detectable amount of a prohibited controlled substance.{note}WSA 346.63(1)(a); 346.63(1)(am)..{/note}

PENALTIES FOR IMPAIRED DRIVING OFFENSES:{note}WSA  343.31; 346.65; 346.655, 973.05(3).{/note}
For first conviction: Forfeiture of $150 to $300; $250 surcharge; 6-month license revocation.
For second conviction within 10 years: Fine of $300 to $1,000; $250 surcharge; jail sentence of 5 days to 6 months; 12-18 month license revocation.
For third conviction (lifetime from 1989 forward): Fine of $600 to $2,000; $250 surcharge; jail sentence of 30 days to one year; 24-36 month license revocation.
For fourth or subsequent conviction (lifetime from 1989 forward): Fine of $600 to $2,000; $250 surcharge; jail sentence of 60 days to 5 years; 24-36 month license revocation.

STATUTORY DRUNK DRIVING PRESUMPTIONS:{note}WSA  885.235(1g)(a)(c).{/note} Measurable BAC of more than .04 but less than .08- – Relevant evidence on the issue of being under the influence of an intoxicant, but no prima facie effect. BAC of .08 percent or more or BAC of .08 or more grams of alcohol per 210 liters of breath – Prima facie evidence person under the influence of an intoxicant and of an alcohol concentration of .08 or more.
IMPLIED CONSENT LAWS:{note}WSA  343.303.{/note}

Tests permitted: Blood, breath or urine test one or more samples as designated by law enforcement agency.
Type of advisement required: Of implied consent law requirements; of penalties for refusing testing; of administrative suspension; of right to alternative and independent tests.

Penalties for refusal: One to three year license revocation and immediate license seizure.

Admissibility of refusal: Admissible.

Administrative Per Se Law: Immediate license seizure and 6-month license suspension if BAC is .08% or more for first, second, and third offenses, .02% or more for fourth and subsequent offenses, any amount of prohibited controlled substance.

CHEMICAL TEST LAWS:{note}W.S.A. 885.235(1m); 343.305.{/note}
General provisions: Evidence of the amount of alcohol in the person’s blood at the time in question, as shown by chemical analysis of a sample of the person’s blood or urine or evidence of the amount of alcohol in the person’s breath, is admissible on the issue of whether he or she had an alcohol concentration in the range specified if the sample was taken within 3 hours after the event to be proved.

BLOOD-DRAWING STATUTE: Blood may be withdrawn from the person arrested for a violation of this section only by a physician, registered nurse, medical technologist, physician assistant or person acting under the direction of a physician.{note}W.S.A. 343.305(5)(b).{/note}
INDEPENDENT TEST STATUTE: The person who submits to the test is permitted, upon his or her request, the alternative test provided by the agency under sub. (2) or, at his or her own expense, reasonable opportunity to have any qualified person of his or her own choosing administer a chemical test for the purpose specified under sub. (2). If the person has not been requested to provide a sample for a test under sub. (3)(a) or (am), the person may request a breath test to be administered by the agency or, at his or her own expense, reasonable opportunity to have any qualified person administer any test specified under sub. (3)(a) or (am). The failure or inability of a person to obtain a test at his or her own expense does not preclude the admission of evidence of the results of any test administered under sub. (3)(a) or (am). If a person requests the agency to administer a breath test and if the agency is unable to perform that test, the person may request the agency to perform a test under sub. (3)(a) or (am) that it is able to perform. The agency shall comply with a request made in accordance with this paragraph.{note}W.S.A. 343.305(5).
PLEA BARGAINING STATUTE: None.

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