Can i get charged with an OWI without legal proof of me driving?

UPDATED: Oct 2, 2022

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Can i get charged with an OWI without legal proof of me driving?

I got home from the bar one night, changed into my pajamas had a bunch of shots.
Then about 15 minutes later, two police officers walked up my drive way and said
someone called my car in. The officers gave me a field sobriety test and a
breathalyzer. I blew a .15 so they took me to the hospital for a blood test. I am
currently getting charged with a DWI with a BAC of .17. Is there anyway I can get
out of this since there is no proof i was operating my vehicle with that BAC?

Asked on September 30, 2019 under Criminal Law, Wisconsin


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Your car was called in, so it evidently was being driven. That your car was reported being driven and you were over the limit is enough to charge you with an OWI. You can try to defend yourself by proving that you were elsewhere and not driving, or that someone else was driving, but based on what you write, that was not the case and you have no evidence of that. You came from a bar, or so you write; you are not likely to defend yourself from OUI in that situation.

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