What does operating with PAC mean in Wisconsin?

OWI with PAC

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.

What are the penalties for PAC charges in Wisconsin?

The consequences for PAC and OWI charges are the same in Wisconsin. 

• 1st offense PAC
  • No jail time unless there were other outside factors such as:
    • causing an accident.
    • Injury.
    • Transporting a minor under the age of 16.
  • The fine can be between $150 and $300.
  • 6 to 9 month license suspension.
  • Mandatory installation of an IID (Ignition interlock device).
    
    

• 2nd offense PAC
  • Jail time ranging from 5 days to 6 months in jail.
  • A fine between $350 and $1,000.
  • 12 to 18 month license suspension.
  • Mandatory installation for an IID (Ignition Interlock Device). 
    
    

• 3rd offense PAC
  • At minimum 45 days in jail with a sentencing up to 12 months.
  • Mandatory fines from $600 to $10,000 along with court fees and a driver improvement charge of $365 to $435.
  • A license revocation for a stretch of 2 to 3 years. 
  • Mandatory sobriety program or have an IID installed in your car for the same duration to get your license back.
    
    

• 4th offense PAC and beyond
  • Jail time up to 15 years in prison.
  • There will be a mandatory minimum fine of $600 and a maximum fine of $25,000. 
  • Permanent revocation of drivers license.
    
    

What happens if you fail to appear in court?

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 wisconsins point demerit system well.

How to fight my PAC charge

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 criminal defense attorney but we also want to share this information with you.