Wis. Stat. » CHAPTER 967 — CRIMINAL PROCEDURE — GENERAL PROVISIONS
Wisconsin Statutes

Wis. Stat. § 967.055 (2026)

Prosecution of offenses; operation of a motor vehicle or motorboat; alcohol, intoxicant or drug

✓ current as of July 2026
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967.055967.055 Prosecution of offenses; operation of a motor vehicle or motorboat; alcohol, intoxicant or drug.
967.055(1)(1) Intent.
967.055(1)(a)(a) The legislature intends to encourage the vigorous prosecution of offenses concerning the operation of motor vehicles by persons under the influence of an intoxicant, a controlled substance, a controlled substance analog or any combination of an intoxicant, controlled substance and controlled substance analog, under the influence of any other drug to a degree which renders him or her incapable of safely driving, or under the combined influence of an intoxicant and any other drug to a degree which renders him or her incapable of safely driving or having a prohibited alcohol concentration, as defined in s. 340.01 (46m), offenses concerning the operation of motor vehicles by persons with a detectable amount of a restricted controlled substance in his or her blood, and offenses concerning the operation of commercial motor vehicles by persons with an alcohol concentration of 0.04 or more.
967.055(1)(b)(b) The legislature intends to encourage the vigorous prosecution of offenses concerning the operation of motorboats by persons under the influence of an intoxicant, a controlled substance, a controlled substance analog or any combination of an intoxicant, controlled substance and controlled substance analog to a degree which renders him or her incapable of operating a motorboat safely, or under the combined influence of an intoxicant and any other drug to a degree which renders him or her incapable of operating a motorboat safely or having an alcohol concentration of 0.08 or more.
967.055(1m)(1m) Definitions. In this section:
967.055(1m)(a)(a) “Drug” has the meaning specified in s. 450.01 (10).
967.055(1m)(b)(b) “Restricted controlled substance” means any of the following:
967.055(1m)(b)1.1. A controlled substance included in schedule I under ch. 961 other than a tetrahydrocannabinol.
967.055(1m)(b)2.2. A controlled substance analog, as defined in s. 961.01 (4m), of a controlled substance described in subd. 1.
967.055(1m)(b)3.3. Cocaine or any of its metabolites.
967.055(1m)(b)4.4. Methamphetamine.
967.055(1m)(b)5.5. Delta-9-tetrahydrocannabinol, excluding its precursors or metabolites, at a concentration of one or more nanograms per milliliter of a person’s blood.
967.055(2)(2) Dismissing or amending charge.
967.055(2)(a)(a) Notwithstanding s. 971.29, if the prosecutor seeks to dismiss or amend a charge under s. 346.63 (1) or (5) or a local ordinance in conformity therewith, or s. 346.63 (2) or (6) or 940.25, or s. 940.09 where the offense involved the use of a vehicle or an improper refusal under s. 343.305, the prosecutor shall apply to the court. The application shall state the reasons for the proposed amendment or dismissal. The court may approve the application only if the court finds that the proposed amendment or dismissal is consistent with the public’s interest in deterring the operation of motor vehicles by persons who are under the influence of an intoxicant, a controlled substance, a controlled substance analog or any combination of an intoxicant, controlled substance and controlled substance analog, under the influence of any other drug to a degree which renders him or her incapable of safely driving, or under the combined influence of an intoxicant and any other drug to a degree which renders him or her incapable of safely driving, in deterring the operation of motor vehicles by persons with a detectable amount of a restricted controlled substance in his or her blood, or in deterring the operation of commercial motor vehicles by persons with an alcohol concentration of 0.04 or more. The court may not approve an application to amend the vehicle classification from a commercial motor vehicle to a noncommercial motor vehicle unless there is evidence in the record that the motor vehicle being operated by the defendant at the time of his or her arrest was not a commercial motor vehicle.
967.055(2)(b)(b) Notwithstanding s. 971.29, if the prosecutor seeks to dismiss or amend a charge under s. 30.681 (1) or a local ordinance in conformity therewith, a charge under s. 30.681 (2), a charge under s. 30.684 (5) or a local ordinance in conformity therewith or a charge under s. 940.09 or 940.25 if the offense involved the use of a motorboat, except a sailboat operating under sail alone, the prosecutor shall apply to the court. The application shall state the reasons for the proposed amendment or dismissal. The court may approve the application only if the court finds that the proposed amendment or dismissal is consistent with the public’s interest in deterring the operation of motorboats by persons who are under the influence of an intoxicant, a controlled substance, a controlled substance analog or any combination of an intoxicant, controlled substance and controlled substance analog, under the influence of any other drug to a degree which renders him or her incapable of operating a motorboat safely, or under the combined influence of an intoxicant and any other drug to a degree which renders him or her incapable of operating a motorboat safely.
967.055(3)(3) No deferred prosecution. A prosecutor may not place a person in a deferred prosecution program if the person is accused of or charged with any of the following offenses:
967.055(3)(a)(a) A violation of s. 346.63 (1) or (5) or a local ordinance in conformity therewith.
967.055(3)(b)(b) A violation of s. 346.63 (2) or (6).
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967.055(3)(c)(c) A violation of s. 940.09 if the offense involved the use of a vehicle.
967.055(3)(d)(d) A violation of s. 940.25.
967.055 HistoryHistory: 1981 c. 20, 184; 1983 a. 459; 1985 a. 146 s. 8; 1985 a. 331, 337; 1987 a. 3, 101; 1989 a. 105; 1991 a. 277; 1995 a. 113, 436, 448; 1997 a. 252; 2003 a. 30, 97; 2019 a. 68.
967.055 NoteNOTE: For legislative intent, see chapter 20, laws of 1981, section 2051 (13).
967.055 AnnotationSub. (2) does not conflict with the separation of powers doctrine and is constitutional. State v. Dums, 149 Wis. 2d 314, 440 N.W.2d 814 (Ct. App. 1989).
967.055 AnnotationA defendant is “charged” with a crime for purposes of sub. (2) (a) when a criminal complaint is filed. State v. Corvino, 2016 WI App 52, 370 Wis. 2d 681, 883 N.W.2d 169, 15-0584.
967.055 AnnotationThe plain language of sub. (2) (a) clearly shows that the legislature intended to except operating while intoxicated (OWI) prosecutions from the general rule set forth in s. 971.29 (1) allowing charges to be amended without court approval at any time prior to arraignment. State v. Corvino, 2016 WI App 52, 370 Wis. 2d 681, 883 N.W.2d 169, 15-0584.
967.055 AnnotationMethamphetamine has two isomers, dextromethamphetamine (D-meth) and levomethamphetamine (L-meth, also known as levmetamfatamine). Sub. (1m) (b) does not contain any language that limits “methamphetamine” to only one isomer of methamphetamine or that excludes from “methamphetamine” one isomer of methamphetamine. Sub. (1m) (b) unambiguously indicates that L-meth is included in the definition of “restricted controlled substance.” State v. Johnson, 2025 WI App 20, 415 Wis. 2d 682, 19 N.W.3d 645, 24-0079.
Notes of Decisions
Cited in 21 cases (4 in the last 5 years), 1982–2025 · leading case: State v. Adam M. Blackman, 2017 WI 77 (Wis. 2017).
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State v. Adam M. Blackman, 2017 WI 77 (Wis. 2017). · cites it 4× “Section 967.055 applies to any hearing under this subsection.”
State v. Wiedmeyer, 2016 WI App 46 (Wis. Ct. App. 2016). · cites it 4× “The court also concluded that Wiedmeyer's view would lead to absurd results considering the objective of Wis. Stat. § 967.055 "to encourage the vigorous prosecution" of OWI offenses.”
State v. Carl Lee McAdory, 2025 WI 30 (Wis. 2025). · cites it 13× “§ 967.055. Section 967.055(1)(a) first establishes the legislature’s purpose for enacting the statute: The legislature intends to encourage the vigorous prosecution of offenses concerning the operation of motor vehicles by persons under the influence of an intoxicant, a…”
State v. Dums, 440 N.W.2d 814 (Wis. Ct. App. 1989). · cites it 7× “This is an interlocutory appeal from a nonfinal trial court order upholding the constitutionality of sec. 967.055(2), Stats. Peter J. Dums, charged with a second offense of operating a motor vehicle while under the influence of an intoxicant, contends that this subsection of the…”
State v. Michael R. Luedtke, 2015 WI 42 (Wis. 2015). · cites it 2× “§ 967.055(1m)(b) defines restricted controlled substance as any of the following: "1.”
State v. McManus, 447 N.W.2d 654 (Wis. 1989). · cites it 2× “Section 967.055(l)(a). The ability to prove intoxication by means of a prohibited breath as well as blood alcohol concentration furthers that purpose.”
State v. Welsh, 321 N.W.2d 245 (Wis. 1982). · cites it 2× “[10] Sec. 967.055, Stats., created by Chapter 20, Laws of 1981, provides: "Sec.”
Town of Geneva v. Tills, 384 N.W.2d 701 (Wis. 1986). · cites it 2× “" (c) Section 967.055 applies to traffic forfeiture actions for violations of s.”
State v. Roling, 530 N.W.2d 434 (Wis. Ct. App. 1995). · cites it 4× “4 The statute at issue in Dums , § 967.055(2), Stats., provides that a prosecutor who seeks to dismiss or amend an operating-while-intoxicated charge must apply to the court, stating the reasons therefor, and the court "may approve the application only if [it] finds that the…”
City of Cedarburg v. Ries B. Hansen, 2020 WI 11 (Wis. 2020). · cites it 2× “" Wis. Stat. § 967.055 (1)(a). ¶18 Initially, municipal courts were not involved in prosecuting OWI-related events.”
State v. Wideman, 556 N.W.2d 737 (Wis. 1996). “As it stated in § 967.055, the legislature encourages vigorous prosecution of offenses involving the operation of *102 motor vehicles by persons under the influence of intoxicants.”
State v. Corvino, 2016 WI App 52 (Wis. Ct. App. 2016). · cites it 51× “However, the circuit court rejected the plea agreement, concluding that, under Wis. Stat. § 967.055 (2)(a), 1 the State was required to apply to the court before amending the OWI-fourth charge from a felony to a misdemeanor.”
Show all 21 citing cases →
— Wis. Stat. § 967.055(1)(a) — 4 cases
State v. Carl Lee McAdory, 2025 WI 30 (Wis. 2025). “§ 967.055. Section 967.055(1)(a) first establishes the legislature’s purpose for enacting the statute: The legislature intends to encourage the vigorous prosecution of offenses concerning the operation of motor vehicles by persons under the influence of an intoxicant, a…”
State v. Walter L. Johnson (Wis. Ct. App. 2025).
State v. James J. Socha (Wis. Ct. App. 2023).
State v. James J. Socha (Wis. Ct. App. 2023).
— Wis. Stat. § 967.055(1m)(b) — 5 cases
State v. Michael R. Luedtke, 2015 WI 42 (Wis. 2015). “§ 967.055(1m)(b) defines restricted controlled substance as any of the following: "1.”
State v. Walter L. Johnson (Wis. Ct. App. 2025).
State v. Jessica M. Weissinger (Wis. 2015).
State v. Michael R. Luedtke (Wis. 2015).
State v. Jessica M. Weissinger (Wis. 2015).
— Wis. Stat. § 967.055(2) — 4 cases
State v. Dums, 440 N.W.2d 814 (Wis. Ct. App. 1989). “This is an interlocutory appeal from a nonfinal trial court order upholding the constitutionality of sec. 967.055(2), Stats. Peter J. Dums, charged with a second offense of operating a motor vehicle while under the influence of an intoxicant, contends that this subsection of the…”
State v. Roling, 530 N.W.2d 434 (Wis. Ct. App. 1995). “4 The statute at issue in Dums , § 967.055(2), Stats., provides that a prosecutor who seeks to dismiss or amend an operating-while-intoxicated charge must apply to the court, stating the reasons therefor, and the court "may approve the application only if [it] finds that the…”
State v. Carl Lee McAdory, 2025 WI 30 (Wis. 2025). “§ 967.055. Section 967.055(1)(a) first establishes the legislature’s purpose for enacting the statute: The legislature intends to encourage the vigorous prosecution of offenses concerning the operation of motor vehicles by persons under the influence of an intoxicant, a…”
State v. Corvino, 2016 WI App 52 (Wis. Ct. App. 2016). “However, the circuit court rejected the plea agreement, concluding that, under Wis. Stat. § 967.055 (2)(a), 1 the State was required to apply to the court before amending the OWI-fourth charge from a felony to a misdemeanor.”
— Wis. Stat. § 967.055(2)(a) — 2 cases
State v. Carl Lee McAdory, 2025 WI 30 (Wis. 2025). “§ 967.055. Section 967.055(1)(a) first establishes the legislature’s purpose for enacting the statute: The legislature intends to encourage the vigorous prosecution of offenses concerning the operation of motor vehicles by persons under the influence of an intoxicant, a…”
State v. Corvino, 2016 WI App 52 (Wis. Ct. App. 2016). “However, the circuit court rejected the plea agreement, concluding that, under Wis. Stat. § 967.055 (2)(a), 1 the State was required to apply to the court before amending the OWI-fourth charge from a felony to a misdemeanor.”
— Wis. Stat. § 967.055(l)(a) — 3 cases
State v. McManus, 447 N.W.2d 654 (Wis. 1989). “Section 967.055(l)(a). The ability to prove intoxication by means of a prohibited breath as well as blood alcohol concentration furthers that purpose.”
State v. Dums, 440 N.W.2d 814 (Wis. Ct. App. 1989). “This is an interlocutory appeal from a nonfinal trial court order upholding the constitutionality of sec. 967.055(2), Stats. Peter J. Dums, charged with a second offense of operating a motor vehicle while under the influence of an intoxicant, contends that this subsection of the…”
State v. Corvino, 2016 WI App 52 (Wis. Ct. App. 2016). “However, the circuit court rejected the plea agreement, concluding that, under Wis. Stat. § 967.055 (2)(a), 1 the State was required to apply to the court before amending the OWI-fourth charge from a felony to a misdemeanor.”
— Wis. Stat. § 967.055(lm)(b) — 1 case
State v. Michael R. Luedtke, 2015 WI 42 (Wis. 2015). “§ 967.055(1m)(b) defines restricted controlled substance as any of the following: "1.”
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