What statute defines OWI in Wisconsin?

Wis. Stat. § 346.63 is the controlling OWI statute in Wisconsin. You can read the current text on the official code site at docs.legis.wisconsin.gov.

What is the Wisconsin implied-consent law?

Wis. Stat. § 343.305 is the implied-consent provision. It sets out the consequences of refusing a chemical test after a lawful OWI arrest.

Wisconsin DUI Statutes: The Code Sections That Control Your Case

The statutes that control Wisconsin OWI cases

OWI in Wisconsin is defined by Wis. Stat. § 346.63, and the chemical-testing rules sit in Wis. Stat. § 343.305. Both are published in the official state code at docs.legis.wisconsin.gov, which is the only version that governs — summaries elsewhere, including ours, can lag amendments.

Wisconsin official code — OWI statute

Statutory text, definitions, BAC thresholds and sentencing ranges.

Implied-consent provision

What refusing a breath, blood or urine test costs you.

Statute at a glance

Wisconsin OWI law at a glance

Sourced from the Wisconsin code and state agency sites. Verify current text before relying on it.

Offense name: OWI (Wisconsin)
Controlling statute: Wis. Stat. § 346.63
Implied consent: Wis. Stat. § 343.305
Per se BAC limit: 0.08 (0.04 CDL, 0.02 or lower under 21)
Licence hearing deadline: 10 days after arrest
First-offense fine: $150–$300
Licence suspension: 9 months
Ignition interlock: Not automatic on a first offense
Trial court: the Municipal Court or Circuit Court

A first OWI is a civil forfeiture rather than a crime unless aggravating factors apply.

First-offense exposure under Wis. Stat. § 346.63: $150–$300, and a 9 months licence suspension. A first OWI is a civil forfeiture rather than a crime unless aggravating factors apply.

What Wis. Stat. § 346.63 actually says

Wis. Stat. § 346.63(1)(a) — driving or operating a motor vehicle while under the influence of an intoxicant or controlled substance to a degree that renders the person incapable of driving safely.
Wis. Stat. § 346.63(1)(am) — driving with a detectable amount of a restricted controlled substance in the blood.
Wis. Stat. § 346.63(1)(b) — driving with a prohibited alcohol concentration, 0.08 or above, or lower for repeat and commercial drivers.
Wis. Stat. § 346.63 covers both the criminal offense and the civil first-offense violation.

Charging documents cite the exact subsection, so check which one appears on your citation. The posted text on docs.legis.wisconsin.gov carries an effective date — amendments passed after it are not yet reflected.

Other Wisconsin sections that control the case

Wis. Stat. § 343.305

Implied consent, refusal hearings and administrative revocation.

Wis. Stat. ch. 808

Appellate procedure from circuit and municipal courts.

Wisconsin ZIP codes covered

These Wisconsin ZIP-code pages carry the local court, filing and licensing detail for the area, and each one links back to this resource page.

Browse all Wisconsin ZIP codes.

Counties and cities using these Wisconsin resources

Other Wisconsin official resources

Wisconsin DUI Courts: Where Your Case Is Heard Wisconsin Driver Licensing After a DUI: Hearings, Reinstatement & SR-22

Frequently asked questions

What statute defines OWI in Wisconsin?: Wis. Stat. § 346.63 is the controlling OWI statute in Wisconsin. You can read the current text on the official code site at docs.legis.wisconsin.gov.
What is the Wisconsin implied-consent law?: Wis. Stat. § 343.305 is the implied-consent provision. It sets out the consequences of refusing a chemical test after a lawful OWI arrest.