While many states use the terms "DUI" or "DWI" to refer to driving under the influence of alcohol or a controlled substance, Wisconsin uses the term "OWI," which stands for "operating while intoxicated." This means that in our state, just turning on your vehicle while under the influence can lead to an OWI charge. At Mishlove and Stuckert, LLC, you'll find Wisconsin's only true certified impaired driving defense attorneys—put our team to work in your favor starting with a free consultation.

View transcript

00:00:07.571 --> 00:00:10.599 Different states have different types 00:00:10.600 --> 00:00:15.043 of titles for operating while under the influence cases. 00:00:15.270 --> 00:00:20.971 In Wisconsin, we technically use the term operating while intoxicated. 00:00:21.157 --> 00:00:22.920 You might, on your citation, 00:00:22.921 --> 00:00:28.243 see a citation for operating under the influence or operating while intoxicated. 00:00:29.143 --> 00:00:33.929 They really carry the exact same terminology. 00:00:34.100 --> 00:00:36.600 It's just a different way of phrasing that. 00:00:36.914 --> 00:00:40.271 But in Wisconsin, we are an operating state. 00:00:40.614 --> 00:00:43.656 That means that just turning on your vehicle 00:00:43.657 --> 00:00:48.429 can potentially lead to a charge for operating while intoxicated. 00:00:48.729 --> 00:00:50.370 That differs from some states 00:00:50.371 --> 00:00:53.485 where an individual has to actually be found 00:00:53.486 --> 00:00:57.114 to have driven the vehicle and moved it from point A to B. 00:00:57.371 --> 00:00:59.643 Wisconsin's an operating state, 00:01:00.029 --> 00:01:03.528 so a prosecutor can make the choice to prosecute a person 00:01:03.529 --> 00:01:09.143 for either driving under the influence or operating while under the influence. 00:01:09.614 --> 00:01:13.870 The element of operating within that charge 00:01:13.871 --> 00:01:15.987 means the physical manipulation 00:01:16.286 --> 00:01:19.257 of a vehicle's controls to put it in motion. 00:01:19.557 --> 00:01:23.071 So again, just turning on the ignition of a car, 00:01:23.543 --> 00:01:27.570 if there is the element of an intent to put it in motion, 00:01:27.571 --> 00:01:32.629 if a prosecutor can prove that, then that charge can stand in Wisconsin.

Andrew Mishlove and Lauren Stuckert

Mishlove and Stuckert, LLC Attorneys at Law

Mishlove & Stuckert, LLC Attorneys at Law has been rated the #1 OWI/DUI law firm in the state by Wisconsin Law Journal Reader Rankings. Our OWI/DUI specialists have been highly rated by organizations including: 

  • Avvo™
  • Super Lawyers
  • Martindale-Hubbell 
  • Better Business Bureau 

To speak with one of our board-certified OWI/DUI defense specialists, request a consultation online or call us at (414) 332-3499.

Contact Us

"Mr. Mishlove was worth every penny and then some. I would consider him the Michelangelo of the DUI defense world.
He is professional, dedicated, and pours his heart into his job. I would give him 10 stars if I could."
Ronald S.

Rate, Review & Explore

Social Accounts Sprite