OWI vs. DUI in Wisconsin: What’s the Difference?

If you’ve been pulled over in Wisconsin after drinking or using drugs, you may have heard terms like “OWI” and “DUI.” While they’re often used interchangeably, they don’t actually mean the same thing—at least not under Wisconsin law.

Understanding the difference between OWI and DUI is crucial if you’re facing charges, because it affects how your case is prosecuted, the penalties you may face, and how you can defend yourself.

At Stangl Law Offices, we’ve been defending clients against impaired driving charges for more than 30 years. Below, we’ll break down what OWI and DUI mean in Wisconsin, how they differ, and what you should know if you’ve been charged.

The clock is ticking on your OWI charge. The sooner you act, the more options you have. Use the button below to fill out a quick contact form to request a FREE 10-minute consultation. If there's a way to win your case, Stangl Law will find it.

OWI vs. DUI: Defining the Terms

OWI (Operating While Intoxicated): In Wisconsin, the official legal term for impaired driving is OWI. That means operating a motor vehicle while under the influence of alcohol, drugs, or any other intoxicant to a degree that renders you incapable of safely driving.

Importantly, “operating” is broader than “driving.” You don’t have to be moving down the road—simply having the ability to control the vehicle (like sitting in the driver’s seat with the keys in the ignition) can qualify as “operating.”

DUI (Driving Under the Influence): DUI is a more general term used in many other states. It refers specifically to “driving” rather than “operating.” In Wisconsin law, “DUI” isn’t an official charge—it’s more of a commonly understood term that people use to describe impaired driving.

So, in short: Wisconsin prosecutes OWI, not DUI. But if someone says “DUI” in Wisconsin, they’re almost always talking about OWI.

Why Does Wisconsin Use “OWI”?

Wisconsin law uses “operating” rather than “driving” because it expands the situations where someone can be charged.

For example:

• Sitting in a parked car with the engine running while intoxicated.

• “Sleeping it off” in your car with the keys nearby.

• Being stopped on the side of the road with the car in gear.

In these cases, you’re not technically “driving,” but you’re still considered to be “operating” the vehicle under the law.

Wisconsin OWI Laws and Penalties

While the difference between OWI and DUI is largely about terminology, the penalties in Wisconsin are very real. Consequences escalate depending on your history of prior offenses:

Wisconsin also has a prohibited alcohol concentration (PAC) law—meaning you can be charged even if you’re not visibly impaired, but your blood alcohol content (BAC) is at or above the legal limit (0.08 for most drivers, 0.02 for repeat offenders, and 0.00 for drivers under 21).

Common Defenses Against OWI Charges in Wisconsin

Every OWI case is unique, and an experienced attorney can help identify the strongest defense strategies. Some common defenses include:

• Challenging the traffic stop: Was there reasonable suspicion for pulling you over?

• Questioning field sobriety tests: Were they administered properly?

• Disputing chemical test results: Was the breathalyzer or blood test accurate and reliable?

• Proving you weren’t “operating”: If you were parked or not in control of the vehicle, the charge may not apply.

OWI vs. DUI in Wisconsin FAQs

Is OWI the same as DUI in Wisconsin?
Yes and no. “DUI” is the more familiar term many people use, but Wisconsin law uses “OWI,” which stands for Operating While Intoxicated.

Why does Wisconsin use OWI instead of DUI?
Because Wisconsin law covers not just “driving,” but any operation or control of a vehicle while intoxicated — even if you’re not actually driving down the road.

What is the difference between OWI, DUI, and DWI?
They’re all terms for impaired driving, but each state uses its own. Wisconsin uses OWI. Some states use DUI (Driving Under the Influence) or DWI (Driving While Intoxicated).

Can I be charged with OWI in Wisconsin if I wasn’t driving?
Yes. You can be charged if you’re in control of the vehicle while intoxicated, even if it isn’t moving — for example, sitting in the driver’s seat with the keys in the ignition.

What is a PAC charge in Wisconsin?
PAC stands for Prohibited Alcohol Concentration. You can be charged with PAC if your BAC is at or above the legal limit, regardless of whether you appeared impaired.

Is a first-offense OWI in Wisconsin a crime?
Not usually. In most cases, a first OWI in Wisconsin is a civil violation, unless someone was injured or a minor was in the car.

What are the penalties for OWI in Wisconsin?
They vary depending on whether it’s your first, second, third, or subsequent offense. Penalties can include fines, jail, license suspension, and ignition interlock devices.

Does Wisconsin have different penalties for drug-related OWI vs. alcohol OWI?
No. Whether it’s alcohol, prescription drugs, or illegal substances, OWI charges carry similar penalties if they impair your ability to safely operate a vehicle.

What to Expect When Working with Stangl Law on Your OWI Case

Attorney Patrick Stangl has over 32 years of experience defending OWI cases across Wisconsin, with a proven record of success in both State and Federal Courts. Here's how we approach your case:

1. Initial consultation and case review. We'll discuss your specific situation, explain charges, and outline potential defense strategies tailored to your circumstances.
2. Administrative Hearing (DOT Hearing). We immediately request this hearing to challenge the license suspension and preserve your driving privileges. Timing is critical—contact us immediately.
3. Comprehensive investigation. We obtain and analyze all evidence, including police reports, test results, and videos to identify any violations of your rights.
4. Filing motions to protect your rights. If violations or inaccuracies are found, we file motions to suppress unlawful evidence. Many cases end here with reduction or dismissal.
5. Plea negotiations and strategy. While Wisconsin limits plea bargaining for OWI, we work to secure the best possible outcome.
6. Court preparation and trial representation. If necessary, we leverage decades of courtroom experience to present a strong defense at trial.
7. Post-resolution support. We help you secure an occupational license, allowing you to drive for essential purposes during suspension.

FREE 10-Minute Legal Consultation

Nationally recognized OWI Defense Attorney Patrick J. Stangl has over 32 years of experience protecting the rights of clients accused of OWI across Wisconsin.

If you're facing OWI charges in Wisconsin, including drug charges or repeat OWI charges, click below to request a FREE 10-minute consultation to discuss your drunk driving or driving under the influence case and help explore options for your defense.

Madison OWI Attorney Patrick J. Stangl, is committed to exploring options for your best defense and has defended clients across the state since 1991. To this end, he is pleased to offer a FREE 10-minute consultation at no obligation to discuss the specifics of your case and take the first step in putting this stressful time behind you.