Drunk & Impaired Driving
Impaired driving laws in Wisconsin "A driver is under the influence when their ability to operate a motor vehicle is
impaired. A person's ability to operate a motor vehicle is impaired if he or she is less able
to safely control the vehicle because of the consumption of alcohol or controlled
substances. This means that if a police officer pulls you over and determines that you are
impaired by alcohol and/or any other drug, you could be arrested and prosecuted ."
(WisDOT)
Ask a Question
Top Sources
Wisconsin Statutes - Reckless and Drunk Driving
Wisconsin Statutes - Ignition Interlock Devices
Wisconsin Statutes - Tests for Intoxication
Popular questions
I need the forms for the Ignition Interlock Device
MCLL users can obtain the forms in Room 117 of the Safety Building (Criminal Clerk of Courts). The half price IID form is on the Court’s website. Other users can request a copy of a form from another by asking a librarian for help.
How long will my DUI show up on CCAP?
The Library has two sources that may be helpful. The first is the Wisconsin Attorney’s Desk Reference (KFW2481 .W571) which includes the Statutes of Limitation, or Wisconsin Supreme Court Rule 72.
Laws
Additional statutes, regulations
& opinions may apply to your specific situation. Search the Wisconsin statutes & administrative code online.
- WI Statutes: s. 343.38- 343.39 "Reinstatement of Operating Privilege"
- WI Statutes: s. 346.61-346.655 "Reckless and Drunken Driving"
- WI Statutes: s. 343.303-343.305 "Tests for Intoxication"
- WI Statutes: s. 885.235 "Chemical Tests for Intoxication"
- WI Statutes: s. 940.09 "Homicide by Intoxicated Use of Vehicle or Firearm"
- WI Statutes: s. 940.25 "Injury by Intoxicated Use of a Vehicle"
- WI Statutes: s. 967.055 "Prosecution of Offenses; Operation of a Motor Vehicle or Motorboat; Alcohol, Intoxicant or Drug"
- WI Admin. Code: Trans 311 "Breath Alcohol Testing, Approval and Permit Program"
Forms
- Milwaukee County Law Enforcement Forms (including OWI forms)
- MV3617 Order for ignition interlock exemptions and removing title transfer stops (WI Dept. of Transportation)
County resources
Recommended links from our County Resources database:
- Affidavit for exemption for waiver of ignition interlock (Ozaukee Clerk of Court)
- Ignition Interlock Device Cost Reduction or Vehicle Exemption (Manitowoc Clerk of Court)
- Petition to exempt vehicles, financial disclosure and order (Jefferson Clerk of Court)
Research links
- OWI Sentencing Guidelines (Wisconsin Court System)
- Alcohol and Drugs Impaired Driving (Insurance Institute for Highway Safety)
Includes state-by-state listing of laws - Driving Impaired: Resource Guide (National Center for State Courts)
Featured links, general resources, cellular phones, drugs and alcohol, enforcement, fatigue, model drug DUI courts, prevention, telematics. - How Alcohol Breath Tests (Breathalyzers) Work (Drugabuse.gov)
- Impaired
Driving (Drugs & Alcohol) Safety Program (National
Highway Traffic Safety Administration)
Resources aimed at diminishing the number of impaired driving incidents. Includes statistics, research and promotional materials. - Q & A: Alcohol Deterrence & Enforcement (Insurance Institute for Highway Safety)
- WI Victim
Resource Directory (WI Dept. of Justice)
Programs serving survivors of drunk driving victims. Directories include county, state, and national agencies and other non-governmental agencies - Drunk Driving: Answering Your Legal Questions (State Bar of WI)
- Drunk
Driving in WI (WI Dept. of Transportation)
Overview of drunk driving in Wisconsin. Law pertaining to seizure or immobilization of vehicle, ignition interlock devices, occupational license eligibility, etc. on the
- Alcohol and chemical testing (WI Dept. of Transportation)
Installation of an Ignition Interlock Device, List of approved Ignition Interlock Devices, and Frequently Asked Questions about IIDs - Deposit/Bail/Bond Schedule (WI Court System)
Includes deposits for alcohol beverages, tobacco, and drug paraphernalia. - Ignition interlock guidelines for DWI courts (National Center for DWI Courts)
- OWI, Ignition interlock device, and vehicle exemption information (Manitowoc County)
County Resources
Recommended links from our County Resources database:
Guides
- Frequently asked questions about ignition interlock devices (Bayfield Clerk of Court)
Library books & articles
Books
- Defense of Drunk Driving: Criminal / Civil
KF8925.T7 E73 - Drunk Driving Defense
KF8925.T7 T318 - Frequently asked questions about IIDs
- Handling Drunk Driving Cases
KF8925.T7 F5 - Intoxication test evidence
KF8925.T7 F57 - Traffic Law & Practice in Wisconsin
KFW2696 .T725 - Wisconsin OWI defense: the law and practice
KFW2697.8 .M57 2013
Law Review Articles
- Fourth Amendment-Search and Seizure- Warrantless Blood Draws-Mitchell v. Wisconsin
133 Harv. L. Rev. 302 (2019) - How Wisconsin Got It Wrong: Re-evaluating Dram Shop Liability
237 Wis. L. Rev. (2013) - John Sivils, Preventing Drunk Flying: A Legislative Solution
84 J. Air L. & Com. 605 (2019) - Punitive Damages Against a Drunk Driver
78 Wis. Lawyer 8 (August 2005) - The Fourth Amendment and Driving While Intoxicated: When Does A Police Officer Need A Warrant?
33 Touro L. Rev. 1167 (2017)