The Impaired Driving Stop
Wis. Stat. 346.63 — under the influence, a prohibited alcohol concentration, or a restricted drug in the blood
No one may drive or operate a motor vehicle in Wisconsin while under the influence of an intoxicant or a controlled substance to a degree that makes them incapable of safely driving, with a prohibited alcohol concentration, or with a detectable amount of a restricted controlled substance in the blood. Charged together from one incident, they make a single conviction.
"Operate" means physically working any control needed to put the vehicle in motion, so it reaches more than driving. A valid prescription is a defense to a charge resting only on a detectable amount of methamphetamine, gamma-hydroxybutyric acid or delta-9-tetrahydrocannabinol.
A first offense is a forfeiture. A first violation is a civil forfeiture of $150 to $300, not a crime. The penalty then climbs with the count of earlier convictions, suspensions and revocations the statute counts.
| Count | Penalty |
|---|---|
| Count1 | PenaltyForfeiture of $150 to $300 |
| Count2, counting those within a 10-year period | PenaltyFine of $350 to $1,100, and 5 days to 6 months |
| Count3 | PenaltyFine of $600 to $2,000, and 45 days to one year in the county jail |
| Count4 | PenaltyClass H felony, a fine of at least $600 and at least 60 days |
| Count5 or 6 | PenaltyClass G felony, a fine of at least $600, confinement of at least one year and 6 months |
| Count7, 8 or 9 | PenaltyClass F felony |
| Count10 or more | PenaltyClass E felony |
Causing injury to another while under the influence or over the limit is a separate offense, with a defense if the injury would have happened even with due care and sober. The implied consent section is not on this page: the Legislature notes that a part of it changes on a later date.
Sources for this section (2)
- Wis. Stat. 346.63 — Operating under influence of intoxicant or other drug
- Wis. Stat. 346.65 — Penalty for violating sections 346.62 to 346.64
Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed Wisconsin attorney.