What is the Legal Limit for Alcohol in Wisconsin?
Driving under the influence of alcohol is not unique to Wisconsin and most states have implemented legal blood alcohol levels that determine which drivers will be arrested for operating vehicles while intoxicated. In Wisconsin, BAC is measured in volumetric (weight/volume) alcohol units per one hundred (100) milliliters of blood. In simpler terms, blood alcohol concentration levels are measured in milliliters of blood per one hundred (100) milliliters of blood.
In Wisconsin, the legal limit for BAC while driving is .08% for regular drivers age 21 and over. The law designates people who are at a BAC of .08% or more as being over the legal limit. For underage drivers (those under the age of 21) , the legal limit is .02%. This is zero tolerance law: any level of alcohol in a driver’s blood above zero percent (0%) is over the legal limit.
For commercial motor vehicle drivers, the legal limit is .04%. Commercial vehicle drivers include those who have a commercial driver’s license, and includes those who drive large trucks or buses. Commercial vehicle drivers may also be charged with a BAC of .04% or more while offduty if he or she is in a commercial motor vehicle, or a truck with airbrakes.
BAC levels of .08% or more are considered operating while intoxicated which is a separate law than the legal limit laws.
Penalties for Driving with a BAC Over the Legal Limit
The penalties for exceeding Wisconsin’s legal blood alcohol level can vary based on the driver’s BAC level, number of prior offenses, and the circumstances of the current charge. For the current calendar year, the penalties are as follows:
Traffic Violations
BAC 0.08 to 0.014 – Up to $300 fine and 6 to 9 months suspension
BAC 0.15 to 0.23 – Up to $600 fine and 9 to 15 months suspension
BAC 0.23 or greater – Up to $1,100 fine and 15 to 36 months suspension
Criminal Violations
BAC 0.08 to 0.014 – Up to $1,100 fine and 3 to 6 months suspension
BAC 0.15 to 0.23 – Up to $1,100 fine and 6 to 9 months suspension
BAC 0.23 or greater – Up to $2,100 fine and 12 to 36 months suspension
BAC drunk while operating a vehicle with a minor passenger – Up to $1,100 fine and up to 36 months suspension
BAC drunk while operating a commercial truck – Up to $10,500 fine and up to 36 months suspension
Commercial Vehicles
BAC 0.04 to 0.044 – Up to $10,500 fine and up to 36 months suspension
BAC 0.04 to 0.044 drunk while operating a commercial vehicle with a minor passenger – Up to $10,500 fine and up to 36 months suspension
BAC 0.04 or greater drunk while operating a commercial vehicle – Up to $10,500 fine and up to 36 months suspension
Per Se Violations
On top of these fines and suspensions, penalties increase with each additional DUI violation. The first DUI offense has a fine of $150 to $300, but the sixth offense has a $10,000 fine. Penalties also increase for repeat offenders. For example, the suspension for a second offense is 6 to 3 months, but the suspension for a seventh offense is lifetime.
Commercial Drivers Have Special Rules
Vehicle Code Wis. Stat. § 346.63, the section of the vehicle code that covers drunk driving in Wisconsin has special rules that apply only to drivers with commercial drivers’ licenses (CDLs). Under the regulations of the Federal Motor Carrier Safety Administration, a driver with a commercial driver’s license may not operate a commercial vehicle with a blood alcohol concentration (BAC) of .04 or greater.
A commercial vehicle includes, but is not limited to: any bus, truck, truck tractor or truck pulling a trailer, truck carrying more than 15 passengers or the driver and 8 or more children, or any vehicle with a gross weight rating, gross combination weight rating or gross vehicle weight rating of 4,500 kg (approximately 10,000 pounds) or more. It replaces the much less restrictive BAC limit of .08 placed upon non-commercial drivers.
Wisconsin law imposes stricter penalties for violations of the commercial BAC laws, including mandatory suspension of the CDL upon the first conviction for 1 year, and disqualification from operating a commercial vehicle upon the second conviction for 2 years or more. The state court system can impose a fine of $3,000 or more and up to 6 months in jail for a conviction of violating the Federal Motor Carrier Safety Administration BAC law.
In summary, the Commercial Driver’s License regulations treat DUI and DWI offenses as having occurred at a .04 BAC level, effectively assuming the driver has a .04 BAC, whether or not breath or blood testing is done. The law does not merely disqualify drivers from a Commercial Driver’s License. As is increasingly the case, the penalty imposed by the federal law is harsher than criminal law, which can have harsh but uncertain results from prosecutor to prosecutor.
Thus, those who are Commercial Drivers holding Commercial Driver’s Licenses, should be extremely vigilant to avoid contact with law enforcement while drinking, or to avoid drinking any alcohol in unknown amounts at parties. Underage alcohol consumption is strictly prosecuted to offenders regardless of BAC level, and anyone under a legal drinking age of 21 will be disqualified from driving commercially for 1 year. Anyone of any age under legal drinking age who is caught in a bar with a BAC at any level will face charges which could result in a 1-year disqualification from Commercial Driver License eligibility.
Higher BAC Levels Affect People Differently
The legal blood alcohol level affects different age groups differently under Wisconsin law. Persons under the age of 21 are subject to different legal limits with a zero-tolerance policy in many states. This means that even having a small amount of alcohol in the system can be punished. Those under the age of 21 with a BAC over .02 can be charged with an underage drinking and driving offense.
Wisconsin has broader rules regarding DUIs for those who are under the age of 16. A person under the age of 16 who is found with a BAC of .02 or higher will face the same penalties as a first offense at 21. For those under the age of 19, the same penalties can apply if the BAC is over a .02. Those who are 17 years of age or older and under the age of 19 can be charged if their BAC is .08 or higher.
Legal and Safety Issues
The subtle but pervasive danger of driving over the legal blood alcohol level is two-fold: first, there is the chance it can cause an accident in which you or someone else is seriously injured; second, it can result in serious legal problems even if your alcohol consumption does not result in a traffic accident.
Driving while drunk is a leading cause of all auto accidents, with more than 10,000 people dying in drunk-driving crashes each year in the United States, according to the National Highway Traffic Safety Administration. That figure means that one out of every 21 people that died in autos accidents were killed in alcohol, or drug related crashes. Though Wisconsin has seen a 40 percent decrease in fatal drunk driving accidents since 2004 , it still ranks 10th worst in the country for number of drunk drivers, according to automobile insurance comparison website NerdWallet.com.
Even if you are in a state that does not have a high rate of licensed drivers arrested for OWI, a conviction can result in very serious consequences. The law punishes legal drivers who operate a vehicle after consuming alcohol because of the danger they present to themselves and others on the road. These penalties can result in a fine, ban on obtaining a license for a significant period, and even jail time, especially for repeat offenses. Even if you were technically under the legal blood alcohol limit for Wisconsin, you may find yourself facing a lower legal limit shortly after your first offense, for example.
How a BAC is Tested and Measured
Although there are multiple ways of determining a driver’s blood alcohol concentration (BAC), the BAC test is typically performed using a handheld breathizer or breath testing machine. These machines do not need to go to a laboratory for further testing, but instead will immediately spit out some numbers after collecting enough breath in an internal chamber.
The BAC is then used to determine whether the driver’s BAC is above or below Wisconsin’s legal limit. In Wisconsin, drivers are considered under the influence or legally drunk when they have a blood alcohol concentration (BAC) of 0.08% or higher. First-time drunk driving offenders may have the legal limit reduced to .04% BAC. Repeat violators are considered legally drunk when their BAC is .02%. Commercial drivers are considered legally drunk while driving with a BAC of .04% or greater. Drivers under age 17 can be convicted under the state’s "zero tolerance" policy if their BAC is .02% or greater. This BAC is measured as parts per million and is not a percetange.
When someone breathes into one of these handheld machines, a specific chemical is used to turn the breath into molecules that can interact with the infrared photoelectric system of the machine. This type of machine looks very similar to the breathalyzer at the bar. This is the first way of measuring BAC. These machines are usually operated by police officers on the road or in the police station.
A breathalyzer requires the person to blow into a tube, and the chemicals in the machine will sample the alcohol in the breath sample. After that, the result will show up on a display. A handheld chemical analysis device weighs about two pounds. This tool can detect and analyze less than one milliliter of air, so about 1,200 samples can be produced from the breath sample the size of a computer memory stick. It is designed to be portable enough for police officers to bring it with them on the road.
Another option that does not require a lab test is using a standard breath testing machine, which some people may be familiar with from TV shows and movies. Some of these machines do not even have to be calibrated. They are designed to be easy to operate. With these machines, the police officer will instruct the driver to blow as forcefully and as long as possible. The police officer may tell the driver to blow out until they see a signal light turn red. Some of these machines are built like a paper shredder or a vending machine.
Unfortunately, one of the problems with the breath testing machines is the relationship between the breath sample and the breath alcohol content. Unlike blood, breath will evaporate, and people will have different BAC if you measure blood compared to measuring breath. Because of this evaporative resistance in humans, a breath sample will have less alcohol than a blood sample. To account for this, the machine must have an accurate program to calculate the amount of alcohol in the blood based on the breath sample.
While some machines are easier to use, they may not be programmed to measure BAC accurately. This makes the results more questionable. They may be admissible by a judge, but the opposing party may be able to argue credibility and make the evidence inadmissible in court. This is unlike the handheld breathizer air chambers, which are rarely challenged by the opposing party.
Avoidance and Other Resources
Wisconsin offers a variety of resources and programs designed to help prevent driving under the influence. Local non-profit organizations such as Mothers Against Drunk Driving (MADD) Wisconsin and Community Action Inc. even of Rock and Walworth Counties provide education and training on the dangers of impaired driving and how to prevent it. Throughout Wisconsin, there are dozens of MADD chapters, each of which hosts educational events throughout the year.
Of course, there are several ways that individuals can help prevent drunk driving in their areas. Specifically, individuals should never hesitate to designate a driver before going out for the night if there is any chance that they may consume alcohol. Additionally, Wisconsinites can take advantage of ride-sharing and taxi services like Lyft, Uber, or Yellow Cab throughout the state, including in the larger cities such as Madison, Milwaukee, and Green Bay.
The Wisconsin Department of Transportation also provides an interactive map with an extensive list of sober ride services in cities across the state to help keep drivers safe .
There are also several different support groups and resources available for those who struggle with alcohol dependency. Alcoholics Anonymous is well-known, but there are several other community-based programs, such as SMART Recovery, Al-Anon, and Alateen, that can ensure that anyone who struggles with alcohol dependency has a safe place to turn. Furthermore, professionally-supported in-patient and out-patient treatment programs are available at clinics throughout Wisconsin.
The Wisconsin Department of Health Services also provides a screening tool online. If you are unclear whether you need to reach out to an alcohol addiction service, you can fill out the Alcohol Use Disorder Identification Test for free at the DHS website. This simple quiz will help you answer some questions about your relationship with alcohol and can help you determine whether or not you struggle with alcohol dependency. If you do, the DHS website offers a list of clinics in your area for you to receive the help you need for alcohol addiction.
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