In Wisconsin, a drunk driving arrest usually results in at least two criminal charges: Operating while under the influence of an intoxicant (OWI), and Prohibited Alcohol Concentration (PAC).
Many of us are familiar with OWI (also called DUI or DWI in other states), but far fewer of us know about PAC charges.
In this post, I briefly explain both of these charges and what to do if you are facing them in Wisconsin.
Read Also: What does operating with PAC mean in Wisconsin?
What is PAC (Prohibited Alcohol Concentration) in Wisconsin?
In Wisconsin, Operating with a Prohibited Alcohol Concentration (PAC) is a specific charge related to driving under the influence of alcohol. PAC is determined based solely on your blood alcohol concentration (BAC), which is the percentage of alcohol in your bloodstream.
The best way to understand this lesser-known offense is to take a closer look at Wisconsin PAC laws.
Under Wisconsin Statute 346.63(1)(b):
"No person may drive or operate a motor vehicle while...the person has a prohibited alcohol concentration."
In Wisconsin, you are considered to be intoxicated and in violation of the state's prohibited alcohol concentration law if you are found to have a BAC of 0.08% or above for first, second, and third offenses—and 0.02% for fourth and higher offenses.
A PAC charge would be added in addition to drunk driving (OWI) charges.
Your blood alcohol limit depends on whether or not you have been previously charged with OWI in Wisconsin and how many times. A BAC of 0.08% or above is considered a prohibited alcohol concentration in Wisconsin for the first, second, and third offenses of OWI.
If you are facing a 4th OWI or greater charge due to previous OWI convictions, your prohibited alcohol concentration or PAC begins at the much lower level of 0.02% for the following:
- Fourth offense OWI
- Fifth offense OWI
- Sixth offense OWI
- Seventh offense OWI
- Eighth offense OWI
- Ninth offense OWI
- Tenth offense OWI
If you're facing your 11th OWI offense or any subsequent offenses (12th OWI, 13th OWI in Wisconsin, etc.), your PAC will also begin at a blood alcohol concentration of 0.02% under drunk driving laws in Wisconsin.
The legal limits for BAC in Wisconsin
- For drivers over the age of 21, the legal BAC limit is 0.08%.
- For commercial drivers, the BAC limit is set at 0.04%.
- For drivers under the age of 21, there is a zero-tolerance policy, meaning any detectable amount of alcohol is prohibited.
How PAC charges are issued in Wisconsin
When a driver is suspected of drunk driving and pulled over, they may be subjected to a breath test or a blood test to measure their BAC.
- If a breath test is administered and the BAC is above the legal limit, a PAC citation can be issued immediately.
- If a blood test is conducted, the results take longer, and a PAC citation may be issued later once the BAC results are confirmed.
PAC vs. OWI in Wisconsin
OWI (Operating While Intoxicated) charges are based on observable impairment by the arresting officer, which may include behavior, physical appearance, and driving patterns. PAC charges, on the other hand, are based strictly on the BAC measurement, regardless of observable impairment.
The Penalties for PAC in Wisconsin
The penalties for PAC charges in Wisconsin are similar to those for OWI charges and depend on the number of prior offenses and specific circumstances of the case:
How to Beat a OWI, PAC Case in Wisconsin
There are many factors that can affect your case and may help you win, including whether:
- Your traffic stop was constitutional
- The law enforcement officer had probable cause to arrest
- The field sobriety tests were accurate
- The OWI breath test was accurate
- You have certain medical conditions or dietary factors that could affect the accuracy of the breath test
- Blood samples were stored improperly
- Other factors could explain behaviors associated with drunk driving
- Your level of impairment discounts your BAC
- Whether there is enough evidence that you drove or operated the motor vehicle
As well as:
- The potential for a rising BAC due to finishing drinking shortly before being pulled over
- Your right to independently test the blood sample and breath testing device
- That poor driving does not equal OWI
- The content and quality of video footage
Read more: 15 Ways to Beat a Drunk Driving Case in Wisconsin
If you are pulled over in Wisconsin for suspicion of OWI due to drugs or alcohol, keep in mind you have the right to refuse field sobriety testing (unless you have a CDL), which may help the ultimate outcome of your case.
"Many people in Wisconsin, if they're pulled over for suspicion of operating under the influence of an intoxicant, don't realize that they are not legally required to perform field sobriety tests." – Attorney Pat Stangl
To learn more about OWI in Wisconsin specifically, read the following articles below.
- 5 Ways You Might Incur Extra Penalties For OWI-Related Incidents
- Will I Go to Jail for Drunk Driving (OWI) in Wisconsin?
- How to Protect Driving Privileges While Fighting an OWI in Wisconsin
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15 Ways to Beat a Drunk Driving Case in Wisconsin
PAC & OWI Sentencing in Wisconsin
You can be charged with either a PAC, OWI, or both, but you can only be sentenced for one.
In Wisconsin, every judicial district has its own sentencing guidelines for OWIs based on state statutes. Each county circuit court is grouped into nine judicial districts.
To find your judicial district, check out this guide.
OWI Penalties in Wisconsin
Penalties for OWIs differ depending on factors such as the number of OWIs you have committed in the past and the details of your case, such as whether a minor was present in your vehicle when you were pulled over.
A first-offense OWI, for example, can result in significant monetary fines or forfeiture ranging from $150-$300, surcharges, and driver's license revocation for up to 9 months.
A second offense OWI, however, could result in possible jail time (up to 6 months), significant monetary fines of $350 to $1,100, surcharges, and mandatory driver’s license revocation for at least 12 months.
A person who commits three or more OWIs may face felony charges, heftier fines, and longer jail or prison time.
Read more: Wisconsin OWI Penalties Chart
FREE 10-Minute Consultation
Madison OWI Attorney Pat Stangl has been fighting to defend clients against OWI, PAC, BAC, DUI, DWI, and other drunk driving-related charges in Wisconsin for over 30 years.
Madison attorney, Pat Stangl, is happy to extend to you a free, no-obligation 10-minute consultation to help you explore your options.
Attorney Stangl is pleased to offer (at no obligation) a FREE 10-minute consultation to discuss the charges you're facing and explore your options as you prepare to fight OWI and PAC charges.
Take the first step in defending yourself against PAC charges in Wisconsin; request a FREE 10-minute consultation right away.
Stangl Law Offices, S.C.