When you are arrested for drunk driving in Wisconsin, you will be charged with a OWI (DUI and DWI in other states). While you are familiar with an OWI, a PAC may be on your ticket. You may be wondering what does PAC even mean? Download our free PAC and DUI forms below to follow along!
Operating with PAC (Prohibited Alcohol Concentration) is a charge based solely on your blood alcohol content. This is often connected to your OWI that you have received. A PAC charge means that you were caught operating a motor vehicle and your BAC was above the legal limit .08. Keep in mind if you cannot be penalized for both OWI and PAC.
According to Wisconsin law, drivers over the age of 21 may not drive with a blood alcohol content greater than 0.08. There is a zero-tolerance limit for those under the age of 21. For commercial drivers, the BAC limit is set at 0.04.
After a third OWI conviction, your PAC changes to 0.02. So even though you may be driving with a BAC level below 0.08, you may still be violating your PAC of 0.02. For most people, 0.02 is generally one drink or less.
What typically happens with a PAC charge?
Our law firm will review any DUI or Traffic cases, explain what those charges mean, and advise you on your best legal options. Contact us today to schedule a consultation and get the best representation you need in your unique circumstances.
An OWI Charge is based on the police officers observation that your consumption of alcohol or other substances have impaired your ability to operate a motor vehicle. You can be found guilty on both charges, but cannot be penalized for both. For a first time PAC offense you may be looking at fines around $150 – $500.
The consequences for PAC and OWI charges are the same in Wisconsin.
If your case is a criminal case and you fail to appear at the initial court appearance, a warrant will be issued for your arrest. Make sure to contact a specialized traffic attorney that understands Wisconsin’s point demerit system well.
Facing a PAC charge might appear straightforward, and the prosecution will definitely try to make it seem that way. But there are numerous ways to cast doubt on the evidence against you.
For instance, you can question the accuracy of the breath test. The devices cops use to check your BAC during a traffic stop, like the widely used Intoximeter EC/IR II, often have known problems. Even blood tests, though more precise medically, can have procedural errors that impact their reliability. Below are some strategies you can employ:
Challenging the Breath Results: The machine might not be set up correctly or used properly. Additionally, the officer doing the test might not be trained properly or lack the proper qualifications. Sometimes, other cops might not handle the breath sample correctly. It is important to mention that certain health issues like diabetes or acid reflux can impact the test results.
Challenging the Blood Test Results: With blood tests, there are strict rules for how the samples are handled. If anyone messes up following the rules, it could mean the results aren’t trustworthy. Problems with how the sample was stored or who dealt with it can sometimes even suggest tampering. Everyone involved in handling the blood, from collecting it to checking it, needs to be qualified. Just like with breath tests, certain health problems can mess with the results.
We do recommend that you hire a Dui Defense Attorney but we also want to share this information with you.
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