wisconsin drunk driving laws

Wisconsin Operating Under The influence of alcohol or drugs

Operating Any Motor Vehicle With a regular driver's license

Under Wisconsin laws, no person may drive or operate a motor vehicle while:

• the person has a prohibited alcohol concentration, or
• the person has a detectable amount of a restricted controlled substance in his or her blood, or
• under the influence of an intoxicant or controlled substance (illegal drugs), or
• under the influence of a prescription or over-the-counter medication to a degree which causes the driver to be unable to drive safely.

Any person who possesses a blood alcohol content (BAC) level in excess of the prohibited alcohol concentration level limited by law has violated Wisconsin's Prohibited Alcohol Concentration laws.

Operating A Commercial Vehicle with a regular driver's license

Under Wisconsin laws, no person may drive or operate a commercial motor for commercial purposes without a commercial driver's license.

Operating A Commercial Vehicle with a commercial driver's license

Under Wisconsin laws, no person may drive or operate a commercial motor or be on duty with respect to a commercial motor vehicle (such as a relief driver) while having an alcohol concentration above zero (0.0).

Police Stops Under Wisconsin Law

Police stops prior to an arrest for drunk driving fall under Constitutional protection against illegal search and seizure, therefore police must have probable cause to make a police stop and a subsequent arrest. However, arrests can occur in other ways, such as when police establish check-points to trap drunk drivers or respond to an accident and accuse a driver of being intoxicated.

With that said, police illegally stop people every day. However, unless a court is asked by your defense attorney to determine whether a police stop was illegal, the stop will go unchecked and all of the resulting evidence will be used against you to convict you.

Remember: a police stop or even a police arrest is not a conviction; it is an allegation that the state must prove.

Wisconsin Implied Consent Law

Wisconsin's implied consent law simply means that if you are driving on public roadways (or in public areas), you consent to a test of your blood or breath if suspected of drunk driving. So, what happens if you refuse?

Refusing A Test

If you refuse to submit to a test:

• the prosecuting attorney will lack that piece of evidence, however you can still be convicted for drunk driving,
• police will likely ask you to submit to a blood draw, which you can also refuse,
• if you refuse the blood test, police can force you to submit to it, and
• you will be charged with refusing to submit to a test.

Evidence

If you refuse to submit to a breath test, the prosecuting attorney will lack breath test results as evidence. If those results indicated that you may have been over the limit, the prosecuting attorney will lack that piece of evidence, which he would have used against you in a court of law; however, you can be convicted without test results. That's right - you can still be convicted even if the state does not have breath or blood test results to prove that you were over the legal limit. (see The State's Case)

Forced Blood Draw

If you refuse to submit to a breath test, police may ask you to submit to a blood test. (Police often ask alleged drunk drivers to submit to a blood test regardless of whether the breath test was refused). If you refuse to submit to the blood draw, police can physically force you to submit to the test regardless of how many police officers are required to hold you down to draw your blood. As incredible as that may sound, Wisconsin courts have upheld results from forced blood draws.

Refusal Charges

Any refusal to voluntarily submit to a test is a separate violation that:

• can result in a suspension of your driver's license for up to one year,
• can prevent you from getting an occupational license,
• will count as an OWI - a drunk driving conviction if you are arrested for drunk driving in the future.

Wisconsin -vs- You

Police write the tickets for drunk driving offenses, and the prosecuting attorney brings formal charges to accuse the alleged drunk driver of driving or operating a motor vehicle while under the influence. An arrest and the district attorney's charges are mere allegation that the state prosecuting attorney must prove in a court of law. See State of Wisconsin -vs- You.

common defenses

There are many challenges to OWI charges - don't ever feel it is hopeless. Often, if the district attorney can be shown weaknesses in his case, he will amend the charge to a non-OWI offense, such as reckless driving. This happens more often than people realize and is the real battleground for the defense lawyer. For other examples of common challenges to drunk driving charges, see Common Drunk Driving Defenses.

Birdsall Law Offices, S.C. - Drunk Driving Defense Lawyers

Free Initial Consultation

If you are facing drunk driving charges, the attorneys at Birdsall Law Offices stand ready to defend you. For a free initial consultation, please call 1-866-493-0726, e-mail - - or send your case information to the attorneys at Birdsall Law Office.

The criminal & DUI defense attorneys at Birdsall Law represent people across the state of Wisconsin; they routinely appear in the counties (and cities) listed below.

• *Milwaukee County (Milwaukee, Wisconsin)
• *Brown County (Green Bay, Wisconsin)
• Door County (Sturgeon Bay, Wisconsin)
• Fond du Lac County (Fond du Lac, Wisconsin)
• Kenosha County (Kenosha, Wisconsin)
• Manitowoc County (Manitowoc, Wisconsin)
• Outagamie County (Appleton, Wisconsin)
• Racine County (Racine, Wisconsin)
• Sheboygan County (Sheboygan, Wisconsin)
• Winnebago County (Oshkosh, Wisconsin)

*Birdsall Law Offices, S.C. has offices in Milwaukee, Wisconsin and Green Bay, Wisconsin. Call 1-866-493-0726 and you will connected to the attorney that can help you.

Free Initial Consultation For People Accused of drunk driving