In Wisconsin, no person may drive or operate a motor vehicle while under the influence of an intoxicant or drug to a degree which causes the person to be incapable of safely driving. In addition, no person may drive or operate a motor vehicle with a Prohibited Alcohol Concentration (PAC). For first time, second time, or third time offenders, the PAC threshold is at .08%. For fourth time offenders or worse, the threshold is .02%.
A person can be charged with operating while intoxicated even if the vehicle is not actually moving at the time of police contact. This means that if an individual is sitting in the car drunk after hitting an object, he or she may still be charged with operating while intoxicated.
The arrested individual may be charged with both operating while intoxicated and operating with a prohibited alcohol concentration (PAC). A PAC violation is given if the results of a breath, blood, or urine chemical test indicate that there is a prohibited alcohol concentration in the person's body. If a person is later found guilty of both violations, only one conviction is entered on the driving record. Only the penalties for one conviction are imposed on the offender as well.
In Wisconsin, a person's first OWI conviction is non-criminal. There is no jail sentence if a person is convicted. In addition, a criminal record is not established. However, the OWI conviction will appear on the driver's license record kept by the Wisconsin Department of Transportation.
If you have been injured by an individual charged with an OWI, contact the Kenosha OWI injury accident lawyers of Habush Habush & Rottier S.C. ® at 1-866-499-4700 to discuss your case and to determine your legal options.