If you’re from out of state or have simply heard both terms used interchangeably, you might wonder: what’s the difference between OWI and DUI? In Wisconsin, the answer is straightforward — and important.
Wisconsin Uses “OWI”
Wisconsin’s drunk driving offense is called Operating While Intoxicated (OWI). Most other states use DUI (Driving Under the Influence) or DWI (Driving While Intoxicated). The terminology differs by state, but they all refer to the same basic offense: operating a vehicle while impaired by alcohol or drugs.
“Operating” Is Broader Than “Driving”
Wisconsin’s use of “operating” rather than “driving” is legally significant. You don’t have to be moving to be charged with OWI. Sitting in a parked car with the keys in the ignition — even if the engine isn’t running — can be sufficient for an OWI charge under Wisconsin law. Courts have found “operation” in cases where the defendant was simply sitting in the driver’s seat with the intent to drive.
The Legal Limit — and What It Means
Wisconsin’s legal limit is 0.08% BAC for most drivers, 0.04% for commercial drivers, and 0.02% for drivers under 21. But you can be convicted of OWI even below the legal limit if the prosecutor proves you were impaired. Conversely, a BAC at or above 0.08% creates a legal presumption of impairment — it doesn’t require additional proof of impaired driving.
First Offense Is a Civil Forfeiture — But Don’t Be Misled
In Wisconsin, a first OWI offense (with no aggravating factors) is a civil forfeiture, not a criminal charge. This means no criminal record — but it still means fines, license revocation, an ignition interlock device, and a permanent record that escalates future offenses to criminal charges. A second OWI is a criminal misdemeanor. A third is a felony.
Attorney Christopher Carson defends OWI charges throughout the Milwaukee and Waukesha County area. Call (262) 860-8932.