Wisconsin OWI-DUI.com

two tickets for one arrest

When you are charged with operating while under the influence (an OWI), you are invariably also charged with having a “Prohibited Alcohol Concentration” (often referred to a PAC).

prohibited alcohol concentration

This is a separate charge that is based on the required breath and/or blood test. If you are over .08, the PAC charge is the tough one to beat. Many times, you can argue that you were fine to drive and you always have a number of jurors that can identify with your particular situation. However, with the PAC charge, you have to beat either the machine that tested your breath or the way the blood was drawn or tested. This, obviously presents some serious obstacles, because you are fighting science - not the perceptions of an officer.

legal issues with pac

The good news is that there are often problems with the way these tests are conducted - particularly the breath test. The machines are subject to the same malfunctions and operator error as any machine. The maintenance records are often a treasure trove of information. They reveal past repairs, previous high tests, etc., that could affect the results of a test.

owi or pac

Finally, it is important to remember that you cannot be convicted of both offenses. By statute, you can only be convicted of one because of double jeopardy concerns. Even if found guilty at trial of both, one is automatically dropped by operation of law. The penalties, however, are identical for both. The bottom line is that to win, you must beat both charges.