Question: Is an OWI drugs charge worse than a standard OWI charge in Wisconsin?

Answer: No. An OWI drug charge is basically the same charge and the same possible penalties apply as an alcohol OWI charge in Wisconsin. The main difference that applies is that if there’s a restricted controlled substance—so if there’s a drug for which a prescription is not available that is in somebody’s blood—that is considered a violation, even if there is no impairment from that substance. So it can make it easier for the prosecutor to prove the case if they don’t have to even prove impairment, they just have to prove that substance was in the blood.

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