Wisconsin OWI

Many people—probably most—assume they can only be charged with drunk driving or operating while intoxicated (OWI), if they're above the .08 percent blood alcohol concentration (BAC) limit.

This is not true.

Those same people can find themselves unpleasantly surprised when they're arrested and charged after breathalyzer tests show they're below the legal limit.

The truth is, many people are simply unaware of the details of Wisconsin's OWI laws and what "driving under the influence" really means.

Here's a brief summary to help you understand these laws more accurately.

The "Per Se" Limit

According to Wisconsin law, you do not need to have a BAC of .08 or above to be charged with OWI. The .08 limit is simply the threshold at which point the prosecution does not need other evidence to support their claim that you are guilty of the charge. This is known as the per se limit.

The main takeaway here is simple: You can still be charged with OWI if your BAC is below .08. For instance, you may have failed a field sobriety test (FST), which led the officer to believe you were intoxicated beyond a safe level to drive. This is still grounds for an arrest.

Following the arrest, the prosecutor must demonstrate that your level of intoxication made it unsafe for you to be operating a vehicle by pointing to other factors.

Mounting a successful defense

In most cases, it's more difficult for the prosecution to prove that you were intoxicated without the .08 BAC. Therefore, these cases can sometimes be easier to defend. Field sobriety tests are often inaccurate and/or improperly administered by law enforcement.

No matter what circumstances you find yourself in following an OWI arrest, you should contact an experienced Wisconsin OWI attorney as soon as possible to discuss your legal options.

Need an experienced attorney to protect you and your record from the consequences of an OWI conviction? Contact me today to request a free 10-minute consultation to discuss your case.

New Call-to-action