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OWI and DUI are acronyms used to mean drunk driving in Wisconsin. DUI means driving while under the influence. and OWI is the correct legal term and stands for operating while intoxicated. No matter what term you use, driving under the influence of alcohol is illegal.
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.
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.
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.
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.
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.
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.
A DUI is no worse than an OWI. The term DUI does not have a legal definition in Wisconsin. DUI is the way some people refer to an OWI. OWIs get worse the more of them someone gets. Meaning the second OWI is generally worse than the first and so on.
In Wisconsin there is no difference. Other states have DUIs or DWIs and Wisconsin has OWIs. While DUIs do not exist in Wisconsin, the difference is in the name. DUI is for driving and OWI is for operating, meaning that Wisconsin can charge someone with an OWI even if they weren’t driving.
One of the common penalties for your first OWI is to lose your license for 6-9 months, though every case is unique. Your license is not automatically revoked on the day you are charged with an OWI.
The 4th DUI is a felony, though it would be called a 4th OWI. Generally, the first few OWIs are misdemeanors, and the 4th OWI and up are felonies in Wisconsin.
