When a person is arrested for drunk driving, he or she typically receives two citations. The first is the OWI. Wisconsin’s OWI statute, Wis. Stat. § 346.63(1)(a) reads, “No person may drive or operate a motor vehicle while under the influence of an intoxicant . . . to a degree which renders him or her incapable of safely driving[.]” To be guilty of OWI, the prosecutor must show that the defendant was: (1) operating a motor vehicle and (2) that the person’s ability to drive was impaired by the use of alcohol. The second, companion citation is for operating with a prohibited alcohol concentration (“PAC”). The PAC statute, § 346.63(1)(b) further reads, “No person may drive or operate a motor vehicle while the person has a prohibited alcohol concentration.” To be guilty of operating with a PAC, the prosecutor must show: (1) ...
What to Do After You're Cited for OWI
When a person is arrested for drunk driving, he or she typically receives two citations. The first is the OWI. Wisconsin’s OWI statute, Wis. Stat. § 346.63(1)(a) reads, “No person may drive or operate a motor vehicle while under the influence of an intoxicant . . . to a degree which renders him or her incapable of safely driving[.]” To be guilty of OWI, the prosecutor must show that the defendant was: (1) operating a motor vehicle and (2) that the person’s ability to drive was impaired by the use of alcohol. The second, companion citation is for operating with a prohibited alcohol concentration (“PAC”). The PAC statute, § 346.63(1)(b) further reads, “No person may drive or operate a motor vehicle while the person has a prohibited alcohol concentration.” To be guilty of operating with a PAC, the prosecutor must show: (1) ...