It is easy to assume that an OWI charge only applies when someone is actually driving under the influence of alcohol. However, under Wisconsin law, it is possible to face an OWI charge even without driving a vehicle.
The key factor in an OWI is whether the person has “operated” a motor vehicle while intoxicated, not whether the car was actually in motion.
What does the law say about operating a vehicle?
The term “operate” under Wisconsin OWI law is broad. It includes any situation in which a person might start the engine or shift the gears. A person could be legally operating a vehicle if they are in control of the car while intoxicated, even if the car is in a parked position or not moving. For example, if someone is sitting in the driver’s seat, has the keys in the ignition and is under the influence of alcohol or drugs, authorities could charge them with an OWI. The state of being able to start or move the vehicle is often enough to meet the definition of “operating.”
Are there places where police cannot charge you with OWI?
The location of the vehicle will not necessarily affect the possibility of an OWI. In Wisconsin, an OWI can occur on public roads or private property. This means that even if someone is in their own driveway or a private parking lot, they could still face an OWI charge if they are legally operating the vehicle while under the influence.
Understanding that an OWI does not require actual driving can help you avoid a negative encounter with the law. The best approach is to never put yourself in a situation where you are in control of a vehicle while intoxicated, regardless of whether the car is moving or not.