Question: Are OWI penalties enhanced if I was driving under the influence of a drug in Wisconsin?

Answer: No. In Wisconsin, the OWI statute is simply operating while impaired and that can include alcohol, a controlled substance like a drug, and the penalties are the same either way. The state simply has to prove that there was impairment that was caused by a controlled substance and the person did not have a prescription for that substance, that controlled substance. So the penalties remain the same, whichever way they choose to try to prove the case.

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