What to Do After You're Cited for OWI

   Let’s address the elephant in the room first, we’re sinners who live in a sinful world. We make mistakes and for some of us that includes drunk driving. The elephant has now left the room. In Wisconsin, drunk driving is termed operating while intoxicated (“OWI”) and it encompasses impairment by the consumption of alcohol, drugs (prescription or otherwise), or any combination of the same. Whether you believe you were wrongly charged for drunk driving or not, it’s important to understand the law in order to decide how to proceed.

   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) ...

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