Can You Get an OWI/DUI in Wisconsin While Using Self-Driving Mode?

Short answer: Yes.

In Wisconsin, turning on Autopilot or another “self-driving” feature does not protect you from an OWI.

This surprises a lot of people (especially Tesla and other owners of vehicles with self-driving modes) because the technology feels like the car is doing the driving. But Wisconsin law hasn’t caught up to that perception yet.

Below, I'll quickly walk you through how OWI law actually works in Wisconsin when autonomous or semi-autonomous driving systems are involved.

Wisconsin OWI Law Focuses on “Operating,” Not Just Driving

Wisconsin’s OWI statute (Wis. Stat. § 346.63) makes it illegal to operate a motor vehicle while intoxicated.

That word—operate—is critical.

Under Wisconsin law, “operating” does not mean you have to be actively steering, accelerating or even moving down the road at the moment you’re stopped. Courts have interpreted “operating” very broadly.

In plain English, you can be considered operating a vehicle if you:

• Are in the driver’s seat.

• Have the ability to control the vehicle.

• Have engaged systems that cause the vehicle to move or remain capable of movement.

This is why people in Wisconsin can be charged with OWI even when the car is stopped, the engine is running, or the vehicle is parked but capable of movement.

Autonomous or semi-autonomous driving features do not change this analysis.

Tesla Autopilot and “Full Self-Driving” Do NOT Make the Car the Driver

Despite the names, Tesla Autopilot and Full Self-Driving are not legally recognized as driverless systems in Wisconsin. From a legal standpoint:

• You are still the driver

• You are still responsible for the vehicle

• You are expected to remain alert and capable of taking control at all times

Tesla itself makes this clear in its own documentation. These systems are considered driver-assist technologies, not replacements for a human driver. Because of that, if you are intoxicated while:

• Sitting in the driver’s seat

• Using Autopilot or similar technology

• Able to take control of the vehicle

You can still be charged with OWI.

“But the Car Was Driving Itself” Is Not a Defense

Some drivers assume that if the car is steering, braking and maintaining speed, they are no longer “operating” the vehicle. That assumption is risky. Wisconsin law does not currently recognize a scenario where:

• A private passenger vehicle

• Operates itself on public roads

• With no legally responsible human driver

Until Wisconsin law explicitly allows fully driverless operation—and assigns responsibility elsewhere—the person in the driver’s seat remains legally in control.

That means autopilot on = you're still operating. Full Self-Driving engaged = you're still operating. Hands off briefly = you're. still operating.

What If You’re Drunk but Not Moving?

This is where many OWI cases get tricky. Even it the vehicle is stopped, you are not actively driving, or tou claim you were “just sitting there," you can still be charged if law enforcement believes you were in actual physical control of the vehicle.

Factors police and prosecutors look at include:

• Were you in the driver’s seat?

• Was the vehicle capable of movement?

• Were the keys or key fob present?

• Was the car running or recently running?

In a Tesla or similar vehicle, this can be even more complicated because there may be no traditional “key." Also, the car may power on automatically, and the system may remain ready to drive. But none of that helps from an OWI standpoint.

What About the Future of Fully Driverless Cars?

Right now, Wisconsin does not have a legal framework that allows private individuals to ride intoxicated in fully autonomous vehicles with no driver responsibility.

That may change someday. But today, the law assumes:

• A human driver is responsible

• That driver must be sober

• Automation does not shift legal liability

Until the legislature says otherwise, OWI law applies exactly the same way it always has.

Bottom Line for Wisconsin Drivers

In Wisconsin, you can get an OWI even if the car is doing the driving. You can get an OWI even if you weren’t moving. And you can get an OWI even if you thought the technology made it “safe."

FAQs: OWI and Self-Driving Cars in Wisconsin

Can I get an OWI in Wisconsin if my car is in Autopilot or self-driving mode? Yes. In Wisconsin, you can still be charged with OWI because you are considered to be operating the vehicle even when driver-assist or self-driving features are engaged.

Does Tesla “Full Self-Driving” count as a driverless car under Wisconsin law? No. Wisconsin law does not recognize Tesla’s Full Self-Driving or similar systems as truly driverless. The person in the driver’s seat is still legally responsible for the vehicle.

What does “operating” a vehicle mean in an OWI case? “Operating” is interpreted broadly in Wisconsin and does not require active driving. You can be considered operating a vehicle if you are in the driver’s seat and have the ability to control or cause the vehicle to move.

Can I get an OWI if the car was stopped or parked while Autopilot was on? Yes. You can be charged with OWI even if the vehicle was stopped, parked, or not moving, as long as law enforcement believes you were in actual physical control of the vehicle.

What if I wasn’t touching the steering wheel? That does not matter. If you are seated in the driver’s seat and capable of taking control of the vehicle, Wisconsin law still considers you responsible for operating it.

Does it matter if I was sleeping while the car was driving itself? Sleeping in the driver’s seat while intoxicated can still support an OWI charge. Being asleep does not eliminate “actual physical control” under Wisconsin law.

Is there any legal way to ride intoxicated in a self-driving car in Wisconsin? Not under current law. Wisconsin does not allow private, fully autonomous vehicles that remove legal responsibility from a human occupant.

Will OWI laws change as self-driving technology improves? Possibly, but not yet. Until Wisconsin law specifically authorizes fully driverless vehicles and assigns responsibility elsewhere, OWI laws apply the same way they always have.

What to do if You've Been Arrested and Charged with OWI in Wisconsin

If you are facingOWI, DWI, DUI, BAC or PAC charges in Wisconsin, you should contact a skilled criminal defense attorney to assist in your defense as soon as possible.

Attorney Patrick Stangl explains why you should never give up hope when fighting DUI/OWI charges in Wisconsin:

Criminal Defense Lawyer Patrick J. Stangl has been aggressively fighting to protect the rights of drivers accused of OWI and other drunk driving charges for over 30 years. He remains committed to protecting the innocent against OWI charges in Madison, Eau Claire, Hayward and across Wisconsin.

Attorney Stangl’s philosophy regarding the OWI defense is that unless the State offers a plea agreement significantly better than the risk of losing in trial, there is no reason to plead guilty. Because Attorney Stangl believes that—unlike many other charges in State Court—victims of drunk driving (OWI, DUI, DWI, BAC, PAC) charges have little incentive to plead guilty, he prepares all drunk driving cases for trial.

This approach differs greatly from most criminal defense attorneys who assume they cannot win your case and plead guilty. If you’re facing criminal or traffic charges in Wisconsin, schedule a free consultation with us from the Contact Us page right away.

Attorney Stangl has undergone the same NHTSA-sponsored field sobriety test training as law enforcement—something very few OWI attorneys can legitimately claim. This training gives Attorney Stangl unique insight into how these tests are designed, their weaknesses, and where law enforcement often makes mistakes when administering them. Attorney Stangl regularly leverages this expertise to uncover opportunities for defense for his clients and work toward successful outcomes.

Four Consecutive Jury Victories

For the fourth time in a row, a jury has refused to convict Attorney Stangl's client of Operating While Under the Influence of an Intoxicant (OWI). A St. Croix county jury sitting in Hudson, Wisconsin, found Attorney Stangl's client not guilty of OWI. His client was also charged with Operating With a Prohibited Alcohol Concentration (PAC). The above the legal limit or Operating with a Prohibited Alcohol Concentration charge (PAC) was dismissed by the trial court after the conclusion of the State's evidence on Attorney Stangl's motion.

The court agreed there was insufficient evidence to support a conviction on the PAC charge because the State failed to produce expert testimony establishing the relevance of the blood test result, given the fact it had not proven the time of the alleged operating/driving of his client's vehicle. The State's blood test evidence indicated the client's blood alcohol concentration was 3.5 times the legal limit. The jury was then left to decide the criminal OWI charge. After deliberating approximately an hour and 15 minutes, the jury returned a unanimous not guilty verdict.

This case represents the fourth consecutive time Attorney Stangl's clients have been cleared of eight charges, including OWI and PAC, in four consecutive jury trials.

Free 10-Minute Consultation

If you need a Wisconsin OWI lawyer who is committed to fighting for you, request a free 10-minute consultation to discuss your case and explore options for your defense.

Photo Credit: Vladimir Proskurovskiy