OWI and DUI are both acronyms used to mean drunk driving in Wisconsin. Driving while under the influence of alcohol is illegal. The correct legal term in Wisconsin is OWI which stands for operating while intoxicated. DUI stands for driving under the influence.

Wisconsin has a set of crimes for the behavior of driving or operating a motor vehicle after consuming alcohol or other drugs. If one of these crimes is committed, it is called an OWI.

A DUI is a term people, and other states, often use in place of OWI. In Wisconsin OWI is the correct term because that is the term Wisconsin’s laws and statutes use to define and refer to the crime. It is important to know the true names of crimes, so you understand what you are being accused of.

And, it is important to have the distinction between “driving” and “operating” a vehicle. Operating is broader, meaning that in Wisconsin, you can get an OWI even if you are not driving your car.

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Defining OWI, WI, and DWI

• OWI - Operating While Intoxicated
• DUI - Driving Under the Influence
• DWI - Driving While Intoxicated

People use these terms interchangeably, and they are essentially synonyms in standard conversations. The distinction comes in when using legal definitions.

Category of Offenses

In Wisconsin, the category of offenses connected to driving or operating a motor vehicle after consuming alcohol or other drugs actually contains three different offenses.

Operating While Under the Influence of an Intoxicant

This is one of the two crimes most people mean when they say OWI or drunk driving. The specific behavior that is illegal under this crime is being “under the influence of an intoxicant,” but not everyone who has consumed alcohol is considered “under the influence of an intoxicant.”
Being “under the influence” applies specifically to individuals who lack the steady hand and clear judgement needed to safely operate a motor vehicle due to consuming alcohol. This specific crime is about the ability to drive safely, not how much alcohol someone has consumed.

Operating With a Prohibited Alcohol Concentration

This is the other crime most people mean when they say OWI or drunk driving. This is the law referred to when people talk about the legal limit being 0.08. The specific behavior that is illegal under this crime is having a blood alcohol concentration (BAC) above that legal limit.
Not everyone has the same legal limit. Most people are familiar with .08 as the legal limit. But the legal limit for people under 21 is 0.00. The legal limit for people who have three or more OWIs is .02. It does not matter how perfectly or safely someone is driving for this crime. All that matters is how much alcohol is in their body.

Operating with a Restricted Controlled Substance

Many people forget about this crime. The specific behavior that is illegal under this crime is driving or operating with any amount of a restricted controlled substance in their blood.
This one sneaks up on people sometimes, especially with THC. If a person smokes THC legally in Illinois and then drives up to Wisconsin the next day, they may be committing this offense. THC metabolizes slowly in the body. The individual could be sober (meaning not exhibiting any effects of THC) but still have THC in their body.