Question: Can I be arrested for OWI in Wisconsin even if I do not feel intoxicated?

Answer: Yes, absolutely. A lot of people do not feel that they are impaired and there are indeed times when even a jury will make a finding that a person was not impaired. However, in Wisconsin, if you have a prohibited alcohol concentration—so if your alcohol concentration is at a .08 or over—that can be considered a conviction for OWI, even if they have not shown that you were impaired in any way. There’s also the possibility of being prosecuted for having a controlled substance in your blood, even if there is no impairment whatsoever. So there are ways that you can be prosecuted, even if you don’t feel impaired and in fact are not impaired.

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