Question: Can I get an OWI in Wisconsin while my car is parked?

Answer: There are some circumstances where you can get an OWI when the car is parked. Generally speaking, if the car is running and that is going to be an OWI if they can show that the person is impaired and they turned on the vehicle or took some action to activate the vehicle. Sometimes the prosecutor will at least try to prove, even if the car is parked and the person is inside a house or inside a bar or whatever the circumstance may be, if the prosecutor can show that they have evidence of that person driving and being impaired at the time—even if it’s not the time that the police officer arrived—then they can try and prove the case for OWI. Obviously that can lead to some good defenses, but there are often charges issued, even under those circumstances.

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