Wisconsin · Handbook chapter 8 · 4 min read

Chapter 8: Alcohol, drugs, distraction and drowsiness
Wisconsin OWI rules: the 0.08 limit, 0.04 for commercial drivers, absolute sobriety under 21 and for permit holders, controlled substances, implied consent and refusal, plus the cell phone rule for new drivers, headphones and drowsy driving.
Why this chapter matters
Impaired, distracted and drowsy driving are among the most dangerous things a driver can do, and Wisconsin's limits are short, exact numbers that test writers love. Learn the limits, the under-21 rule and the cell phone rule for permit and probationary drivers.
How alcohol and drugs affect you
Alcohol and drugs change how you think and make decisions. You misjudge distance, speed and the movement of other vehicles, and your chance of a crash rises. It is illegal to drive under the influence of any drug, including prescription and non-prescription medicine.
- Studies show people who use marijuana make more mistakes while driving.
- Check the label on any medicine. A warning not to operate heavy machinery includes driving a car.
- Only time sobers you up. Plan a ride with a sober friend or family member, or ask a bartender to call you a cab.
Wisconsin alcohol limits
Wisconsin calls the limit the prohibited alcohol concentration (PAC).
| Driver | Illegal to drive at |
|---|---|
| Adult first offender | 0.08 or more |
| Driving a commercial vehicle | 0.04 or more |
| Driver with three or more prior OWI convictions | more than 0.02 |
| Driver under 21 | any alcohol (0.00) |
- Drivers under 21 must keep absolute sobriety: no alcohol in their system at all while driving.
- Instruction permit holders must also keep absolute sobriety at all times.
- A detectable amount of a restricted controlled substance in your blood counts as operating while intoxicated, and any amount of a controlled substance is treated as impaired driving.
- A first OWI brings a forfeiture and license revocation; repeat offenses can bring prison and even lifetime revocation.
Implied consent
If a law enforcement officer asks you to take a test for alcohol, by breath or blood, you are required to take it. If you refuse, the officer must arrest you for violating the Implied Consent Law, and you lose your driving privilege for at least one year, along with other consequences.
Distracted driving
Keep your mind and eyes on the road.
- Instruction permit and probationary license holders may use a cell phone only to report an emergency.
- Regular license holders should avoid phone use while driving; if you must, use a hands-free option, or better, pull over safely.
- Do not wear headsets or headphones that cover or go in both ears. Keep the radio low enough to hear emergency vehicles.
- Pull over to read directions. Eat when you are parked.
- Put pets in a carrier or have a passenger hold them. Do not hang objects from the mirror or cover windows with decals.
- In a work zone, a phone may be used only to report an emergency.
Drowsy driving
Drowsiness comes from too little sleep, an untreated sleep disorder or a long work shift. Teen and young adult drivers face a greater risk of drowsy-driving crashes. Get a good night's sleep before driving, and pull over and rest if you:
- keep yawning or blinking;
- drift out of your lane; or
- hit the rumble strip at the side of the road.
Frequently asked questions
What is the legal alcohol limit in Wisconsin?
0.08 for adult drivers, 0.04 for commercial drivers, and absolute sobriety (no alcohol at all) for drivers under 21.
What happens if I refuse a breath or blood test in Wisconsin?
You are arrested for violating the Implied Consent Law and lose your driving privilege for at least one year.
Can I use my phone while driving with an instruction permit?
Only to report an emergency. The same rule applies to probationary license holders.
Is it illegal to drive on prescription medicine?
It is illegal to drive under the influence of any drug, including prescription and non-prescription drugs. Read the warning label first.
Can I wear earbuds while driving?
Not in both ears. Wisconsin's handbook tells drivers not to use headsets or headphones that cover or go in both ears.
What sobers a person up?
Only time. Coffee or fresh air does not lower your alcohol concentration.
Based on the Wisconsin Motorists' Handbook (BDS126, 2026), Section 9: Dangerous Driving Behaviors and the Wisconsin DMV page on impaired driving (OWI).