Description
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.
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Different states have different types
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of titles for operating while
under the influence cases.
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In Wisconsin, we technically use
the term operating while intoxicated.
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You might, on your citation,
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see a citation for operating under the
influence or operating while intoxicated.
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They really carry
the exact same terminology.
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It's just a different
way of phrasing that.
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But in Wisconsin,
we are an operating state.
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That means
that just turning on your vehicle
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can potentially lead to a charge
for operating while intoxicated.
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That differs from some states
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where an individual
has to actually be found
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to have driven the vehicle
and moved it from point A to B.
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Wisconsin's an operating state,
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so a prosecutor can make the choice
to prosecute a person
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for either driving under the influence
or operating while under the influence.
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The element of operating
within that charge
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means the physical manipulation
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of a vehicle's controls
to put it in motion.
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So again,
just turning on the ignition of a car,
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if there is the element
of an intent to put it in motion,
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if a prosecutor can prove that,
then that charge can stand in Wisconsin.
