Can I Be Charged With An OWI If

In Wisconsin, the realm of operating while intoxicated (OWI) charges extends beyond the traditional boundaries of public roadways. This inclusivity often raises questions about the specific circumstances under which individuals can find themselves facing OWI charges. Here, we delve into some common inquiries, shedding light on the scope of OWI enforcement in Wisconsin.

OWI in Parking Lots

Yes, Wisconsin Statute § 346.61 expands OWI applicability to various premises beyond public highways. This includes parking lots open to public use, employee parking areas, and apartment complex parking spaces, irrespective of ownership or the presence of a usage fee. The only exceptions where OWI charges do not apply are private parking areas at farms or single-family residences.

Charges Without Driving

In Wisconsin, you can be charged with an OWI even if you weren’t caught driving. The law differentiates between “driving” and “operating” a vehicle, with the latter including actions like starting the car or manipulating its controls. This means that merely having control over the vehicle’s operation can lead to an OWI charge, highlighting the law’s broad reach.

OWI on Snowmobiles or Boats

OWI laws in Wisconsin encompass the operation of snowmobiles, boats, and ATVs while intoxicated. Statutes like § 350.101 specifically address snowmobile operation, with penalties varying based on the offense number and including fines, jail time, and mandatory assessments. Importantly, convictions under these statutes do not affect one’s driver’s license but underscore the legal obligations tied to operating recreational vehicles.

Prescription Medications and OWI

Interestingly, Wisconsin’s OWI laws also cover impairment due to prescription medications. Despite being legally prescribed, medications that impair your ability to operate a vehicle safely can result in OWI charges. This area of law presents complex challenges in defense, given the legal usage of the substances involved but underscores the importance of understanding medication side effects in relation to vehicle operation.

Navigating the intricate details of Wisconsin’s OWI laws reveals a comprehensive legal framework designed to maintain public safety across a wide range of scenarios. Whether you’re facing charges related to driving, operating recreational vehicles, or the effects of prescription medications, the complexity of these laws emphasizes the value of experienced legal counsel. At DK Anderson, S.C., we specialize in OWI defense, providing strategic guidance and robust representation tailored to the unique aspects of each case. If you’re confronting OWI charges under any of these circumstances, reach out for a personalized assessment of your defense options.