Can You Be Charged With OWI for Prescription Drugs in Wisconsin?

 Posted on February 23, 2026 in OWI/DUI

Most people picture drunk driving when they hear the term OWI. But in Wisconsin, operating while intoxicated charges are not limited to alcohol. If you are driving while impaired by a prescription medication, even one your doctor legally prescribed to you, you can still be arrested, charged, and convicted.

If you are facing this situation in 2026, the stakes are high and the law is more complicated than most people realize. Our Waukesha criminal defense lawyers are here to help you understand your options and start building your defense.

What Does Wisconsin Law Say About OWI and Prescription Drugs?

Wisconsin's OWI law is found in Wisconsin Statute Section 346.63. Under this law, it is illegal to drive while impaired by any controlled substance at all. The law does not make an exception for prescription medications. If a drug affects your ability to drive safely, it does not matter whether you have a valid prescription.

This surprises a lot of people who assume that as long as you are taking medication the right way, you are okay to drive. But that is not how Wisconsin law sees it.

What Prescription Medications Are Involved in OWI Cases?

Virtually any prescription medication that affects the central nervous system can trigger an OWI charge if police think it impaired your driving. The most commonly involved medications include the following:

• Opioid pain medications such as oxycodone, hydrocodone, and codeine
• Benzodiazepines used for anxiety or sleep, such as Xanax, Valium, and Ambien
• Muscle relaxants, such as Flexeril or Soma
• Antihistamines and allergy medications that make you sleepy
• Stimulants and ADHD medications such as Adderall or Ritalin
• Antidepressants and even mood stabilizers

Even over-the-counter medications have appeared in OWI cases. If a police officer believes your driving was impaired and a substance is found in your system, you can be charged.

How Do Police Know Whether You Used Prescription Drugs While Driving?

This is where prescription drug-related OWI cases get complicated. Unlike alcohol, there is no breathalyzer for prescription drugs. Police have to rely on other ways to prove impairment, and those methods are far from perfect.

Field Sobriety Tests

Officers will often ask a driver they suspect of being impaired to do standard field sobriety tests. These tests were originally designed to detect alcohol use, not drug use. Their reliability in detecting prescription drug impairment is far more questionable. A skilled defense lawyer can often challenge the results.

Drug Recognition Evaluators

Wisconsin police agencies use officers who are trained as Drug Recognition Evaluators, often called DREs. These officers follow a 12-step evaluation process that is supposed to help them tell whether a driver is impaired by drugs. DRE evaluations sound scientific, but they are highly subjective and have been challenged in courts across the country.

Blood and Urine Tests

If an officer believes a driver is impaired by drugs, they may request a blood or urine test. These tests can detect the presence of a substance in your system. The problem is that presence is not the same as impairment.

Many medications stay in blood or urine for hours or even days after their effects have worn off completely. A positive drug test hours after you last took your medication does not prove you were impaired while you were driving. Challenging the interpretation of these results is one of the most important parts of defending a prescription drug OWI case.

What Are the Consequences of a Prescription Drug OWI in Wisconsin?

The penalties for an OWI conviction in Wisconsin are the same whether your case involves alcohol, illegal drugs, or legal prescription meds.

First-Time OWI

A first-offense OWI typically results in a fine between $150 and $300, a license revocation of six to nine months, and a mandatory driver safety plan. That may sound manageable, but the consequences grow sharply with each following offense.

Subsequent OWI Offenses

A second OWI offense in Wisconsin carries mandatory jail time of five days to six months, higher fines, and a longer license revocation. A third offense is a criminal misdemeanor. By the fourth offense, you are looking at a felony charge with potential prison time. If a minor was in the vehicle at the time of any offense, the penalties increase no matter whether the OWI is your first or your fifth.

Other Consequences of an OWi

An OWI on your record can affect your ability to keep your job, your license, your home, and your car insurance at a reasonable rate. For people in any field that requires a clean driving record, the professional consequences can be as serious as the legal ones. That is why fighting these charges from the very beginning matters so much.

Can a Defense Lawyer Challenge a Prescription Drug OWI Charge?

A prescription drug OWI case is not a lost cause, not by a long shot. These cases are often more defensible than alcohol-related OWIs precisely because the evidence of impairment is more subjective. An experienced defense lawyer will look closely at every part of the stop and the investigation.

Was the Traffic Stop Legal?

Before any evidence can be used against you, the officer must have had a legal reason to pull you over. If the stop was not supported by reasonable suspicion of a traffic violation or criminal activity, everything that followed may be suppressible. This is one of the first questions any good defense lawyer will ask.

Was the Field Sobriety Testing Done Right?

Field sobriety tests have strict protocols and the results can be challenged. These tests are not foolproof even under ideal conditions.

Does the Chemical Test Actually Prove Impairment?

Defense lawyers can bring in evidence about how long a specific medication stays in the body, when its effects actually peak and subside, and whether the level detected in your blood was consistent with impairment at all.

Call a Waukesha Criminal Defense Attorney Today

A prescription drug OWI charge is serious, but it is not something you have to face alone or accept without a fight. Our Pewaukee criminal defense lawyers at Bucher, Wolff & Sonderhouse, LLP bring well over 50 years of combined experience to every case. As local attorneys who know how to work with the judges in this area, we understand what it takes to get results.

We are available 24 hours a day, 7 days a week, and we are ready to hear what happened and start working on your defense right away. Call 262-232-6699 today for a consultation.