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dui, Featured 3.28.2025

What Does Operating with PAC Mean in Wisconsin?

If you’ve been arrested for drunk driving in Wisconsin, you may be hit with two separate charges: Operating While Intoxicated (OWI) and Operating with PAC. While many drivers understand what an OWI is, the second charge — PAC, or Prohibited Alcohol Concentration, often raises more questions.

So what does Operating with PAC mean in Wisconsin? Let’s break it down and explain what these charges mean, how they differ, and what the potential consequences could be, especially if you're in Milwaukee or elsewhere in the state.

What Is a PAC Charge?

Operating with PAC refers specifically to your blood alcohol concentration (BAC). In Wisconsin, anyone caught driving with a BAC of 0.08% or higher can be charged with PAC, even if their driving seemed normal. This charge doesn’t depend on whether the officer believed your ability to drive was impaired. It’s strictly based on the alcohol level in your system.

In many cases, drivers who are arrested for OWI will also receive a PAC citation. The idea is that one charge targets impairment (OWI), while the other focuses only on your BAC (PAC). While both charges may be filed, you can only be convicted of one, usually the one that’s easiest for the prosecution to prove.

OWI vs. PAC in Wisconsin: What’s the Difference?

Understanding the distinction between OWI and Operating with PAC is key to building a defense strategy.

  • OWI is based on observed behavior. If an officer believes your ability to drive is compromised by alcohol or drugs, you may be charged with OWI, even if your BAC is below 0.08.
  • PAC is strictly scientific. It’s based on chemical testing — like a breathalyzer or blood test — that shows your BAC exceeded the legal limit.

You might wonder, can I be convicted of both? The answer is no — Wisconsin law only allows one conviction, even if both charges are filed. That said, both charges will appear in your initial court paperwork and arrest report.

What Are the Penalties for Operating with PAC in Wisconsin?

The consequences of a PAC conviction in Wisconsin are the same as an OWI, and they get harsher with repeat offenses. Here’s what to expect:

First Offense PAC

  • Fines up to $1,000 (not including additional fees and court costs)
  • Driver’s license suspension for 6 to 9 months
  • Installation of an ignition interlock device (IID) for one year (if BAC is 0.15% or higher)
  • Alcohol assessment and treatment may be required

Second Offense PAC

  • Jail time ranging from 5 days to 6 months
  • Community service (in some cases) may be allowed instead of jail
  • Fines between $350 and $1,100
  • License suspension for 12 to 18 months
  • IID installation for one year

Third Offense PAC

  • Jail sentence of 45 days to 12 months
  • Fines between $600 and $2,000
  • Driver improvement surcharge
  • License revocation for up to 3 years
  • IID installation or enrollment in a sobriety program for 2 to 3 years

If you’ve been charged with a PAC offense in Milwaukee or elsewhere in Wisconsin, these penalties can seriously disrupt your life, making it difficult to work, travel, or care for your family.

Defending Against a PAC Charge in Wisconsin

Just because you’ve been charged doesn’t mean you’re out of options. There are multiple ways to fight a PAC charge in Wisconsin, depending on the details of your case.

Some common defense strategies include:

  • Questioning the accuracy of breathalyzer results: Devices like the Intoximeter EC/IR II are not foolproof. Issues with calibration, operator error, or improper handling can all lead to false readings.
  • Challenging blood test procedures: If the blood sample wasn’t properly stored, labeled, or tested, your attorney may be able to argue that the evidence is unreliable.
  • Health-related factors: Conditions like acid reflux, diabetes, or certain medications can interfere with BAC readings.

An experienced defense attorney can review every detail of the arrest, from how the test was administered to whether the officer had probable cause, and help you build the strongest defense possible.

Can a Plea Deal Help?

In some situations, especially if a conviction seems likely, your attorney may be able to negotiate a plea deal. This could reduce the penalties or keep the conviction off your record, depending on your history and the specifics of your case.

A successful plea agreement might include conditions like:

  • Enrolling in a court-supervised sobriety program
  • Attending alcohol treatment classes
  • Using an ignition interlock device for a set period

While plea bargains aren’t available in every case, particularly for repeat offenses — they can be an important tool for minimizing long-term consequences.

How Long Does a PAC Conviction Stay on Your Record?

In Wisconsin, a PAC conviction stays on your record permanently. This can impact your ability to drive, increase your insurance rates, and may affect employment opportunities that require a clean driving history.

That’s why it’s so important to fight the charge, or work with an attorney to reduce its impact, as early as possible.

Facing a PAC Charge in Milwaukee or Wisconsin? Contact Bayer Law Offices

If you’ve been charged with Operating with PAC or OWI in Wisconsin, the consequences can be serious — and long-lasting. Whether you’re in Milwaukee or elsewhere in the state, having the right legal support can make a major difference in the outcome of your case.

At Bayer Law Offices, we understand the ins and outs of Wisconsin OWI and PAC laws. We’re here to review your case, explain your options, and fight to protect your future. Contact us today for a free, no obligation consultation about your case.

If you’ve been arrested for drunk driving in Wisconsin, you may be hit with two separate charges: Operating While Intoxicated (OWI) and Operating with PAC. While many drivers understand what an OWI is, the second charge — PAC, or Prohibited Alcohol Concentration, often raises more questions.

So what does Operating with PAC mean in Wisconsin? Let’s break it down and explain what these charges mean, how they differ, and what the potential consequences could be, especially if you're in Milwaukee or elsewhere in the state.

What Is a PAC Charge?

Operating with PAC refers specifically to your blood alcohol concentration (BAC). In Wisconsin, anyone caught driving with a BAC of 0.08% or higher can be charged with PAC, even if their driving seemed normal. This charge doesn’t depend on whether the officer believed your ability to drive was impaired. It’s strictly based on the alcohol level in your system.

In many cases, drivers who are arrested for OWI will also receive a PAC citation. The idea is that one charge targets impairment (OWI), while the other focuses only on your BAC (PAC). While both charges may be filed, you can only be convicted of one, usually the one that’s easiest for the prosecution to prove.

OWI vs. PAC in Wisconsin: What’s the Difference?

Understanding the distinction between OWI and Operating with PAC is key to building a defense strategy.

  • OWI is based on observed behavior. If an officer believes your ability to drive is compromised by alcohol or drugs, you may be charged with OWI, even if your BAC is below 0.08.
  • PAC is strictly scientific. It’s based on chemical testing — like a breathalyzer or blood test — that shows your BAC exceeded the legal limit.

You might wonder, can I be convicted of both? The answer is no — Wisconsin law only allows one conviction, even if both charges are filed. That said, both charges will appear in your initial court paperwork and arrest report.

What Are the Penalties for Operating with PAC in Wisconsin?

The consequences of a PAC conviction in Wisconsin are the same as an OWI, and they get harsher with repeat offenses. Here’s what to expect:

First Offense PAC

  • Fines up to $1,000 (not including additional fees and court costs)
  • Driver’s license suspension for 6 to 9 months
  • Installation of an ignition interlock device (IID) for one year (if BAC is 0.15% or higher)
  • Alcohol assessment and treatment may be required

Second Offense PAC

  • Jail time ranging from 5 days to 6 months
  • Community service (in some cases) may be allowed instead of jail
  • Fines between $350 and $1,100
  • License suspension for 12 to 18 months
  • IID installation for one year

Third Offense PAC

  • Jail sentence of 45 days to 12 months
  • Fines between $600 and $2,000
  • Driver improvement surcharge
  • License revocation for up to 3 years
  • IID installation or enrollment in a sobriety program for 2 to 3 years

If you’ve been charged with a PAC offense in Milwaukee or elsewhere in Wisconsin, these penalties can seriously disrupt your life, making it difficult to work, travel, or care for your family.

Defending Against a PAC Charge in Wisconsin

Just because you’ve been charged doesn’t mean you’re out of options. There are multiple ways to fight a PAC charge in Wisconsin, depending on the details of your case.

Some common defense strategies include:

  • Questioning the accuracy of breathalyzer results: Devices like the Intoximeter EC/IR II are not foolproof. Issues with calibration, operator error, or improper handling can all lead to false readings.
  • Challenging blood test procedures: If the blood sample wasn’t properly stored, labeled, or tested, your attorney may be able to argue that the evidence is unreliable.
  • Health-related factors: Conditions like acid reflux, diabetes, or certain medications can interfere with BAC readings.

An experienced defense attorney can review every detail of the arrest, from how the test was administered to whether the officer had probable cause, and help you build the strongest defense possible.

Can a Plea Deal Help?

In some situations, especially if a conviction seems likely, your attorney may be able to negotiate a plea deal. This could reduce the penalties or keep the conviction off your record, depending on your history and the specifics of your case.

A successful plea agreement might include conditions like:

  • Enrolling in a court-supervised sobriety program
  • Attending alcohol treatment classes
  • Using an ignition interlock device for a set period

While plea bargains aren’t available in every case, particularly for repeat offenses — they can be an important tool for minimizing long-term consequences.

How Long Does a PAC Conviction Stay on Your Record?

In Wisconsin, a PAC conviction stays on your record permanently. This can impact your ability to drive, increase your insurance rates, and may affect employment opportunities that require a clean driving history.

That’s why it’s so important to fight the charge, or work with an attorney to reduce its impact, as early as possible.

Facing a PAC Charge in Milwaukee or Wisconsin? Contact Bayer Law Offices

If you’ve been charged with Operating with PAC or OWI in Wisconsin, the consequences can be serious — and long-lasting. Whether you’re in Milwaukee or elsewhere in the state, having the right legal support can make a major difference in the outcome of your case.

At Bayer Law Offices, we understand the ins and outs of Wisconsin OWI and PAC laws. We’re here to review your case, explain your options, and fight to protect your future. Contact us today for a free, no obligation consultation about your case.

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