Prohibited Alcohol Concentration (PAC) in Wisconsin
Charged with OWI and PAC? Call Chirafisi Anderson, S.C. for a free consultation or schedule one today.
Understanding Prohibited Alcohol Concentration (PAC)
In Wisconsin, Prohibited Alcohol Concentration (PAC) is a separate legal charge from Operating While Intoxicated (OWI). A driver can face a PAC charge even if there is no evidence that alcohol affected their driving.
PAC cases are based on chemical test results, not driving behavior. If a blood, breath, or urine test shows a blood alcohol concentration (BAC) above the legal limit that applies to the driver, the State may pursue a PAC charge regardless of how the driver appeared or performed during the stop.
Because PAC charges rely almost entirely on scientific evidence, they are often more technical than standard OWI cases. The outcome frequently depends on how the test was administered, when it was taken, and whether the results accurately reflect the driver’s alcohol concentration at the time of driving.
At Chirafisi Anderson, S.C., we defend clients charged with PAC throughout Southern and Central Wisconsin, including Dane, Rock, Jefferson, Dodge, Columbia, Sauk, Iowa, and Green Counties. Our approach focuses on identifying weaknesses in chemical testing and ensuring the State is held to its burden at every stage of the case.
Learn more about our Wisconsin OWI defense practice.
Statutory Definition of Prohibited Alcohol Concentration (PAC) in Wisconsin
Prohibited Alcohol Concentration (PAC) is defined under Wis. Stat. § 346.63(1)(b). A person violates this statute when they operate a motor vehicle with a blood alcohol concentration that exceeds the legal limit applicable to that driver at the time of operation.
Unlike an Operating While Intoxicated (OWI) charge under Wis. Stat. § 346.63(1)(a), a PAC charge does not require the State to prove that alcohol impaired the driver’s ability to operate a vehicle safely. The offense is established solely through chemical test evidence showing a prohibited alcohol concentration.
Because PAC is a presence-based offense, the accuracy, timing, and reliability of blood, breath, or urine testing are central issues in every PAC prosecution.
Wisconsin BAC Limits for Prohibited Alcohol Concentration (PAC)
The blood alcohol concentration (BAC) level that qualifies as “prohibited” in Wisconsin depends on the driver’s prior OWI history and driving status. Wisconsin applies lower BAC thresholds to repeat offenders, commercial drivers, and certain other categories of drivers.
These limits are enforced statewide and are measured through blood, breath, or urine testing. Exceeding the applicable BAC limit—by any amount—can result in a PAC charge, even if there are no outward signs of impairment.
Below is a summary of the BAC thresholds that apply under Wisconsin law.
|
Driver Type |
Legal BAC Limit |
|---|---|
|
First OWI (no priors) |
0.08% |
|
Second OWI |
0.08% |
|
Three or more prior OWIs |
0.02% |
|
Commercial Driver (CDL) |
0.04% while operating a commercial vehicle |
|
Underage Driver (under 21) |
0.00% (absolute sobriety under Wis. Stat. § 346.63(2m)) |
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What the State Must Prove to Get a Conviction for a Prohibited Alcohol Concentration (PAC) Charge
To secure a conviction for Prohibited Alcohol Concentration, the State must prove each element beyond a reasonable doubt. Unlike an OWI charge, the focus is not on impairment but on chemical test results.
Specifically, the prosecution must establish that:
- You operated a motor vehicle on a public roadway;
- At the time you operated the motor vehicle you had a prohibited alcohol concentration
These elements are drawn from the Wisconsin Criminal Jury Instruction – Operating with a Prohibited Alcohol Concentration (PAC) – (Wis JI–Criminal 2660).
Learn more about Operating While Intoxicated (OWI) and Operating with a restricted controlled substance charges which are commonly associated with a prohibited alcohol concentration charges.
OWI vs. PAC — What’s the Difference in Wisconsin?
Operating While Intoxicated (OWI) and Prohibited Alcohol Concentration (PAC) are separate charges under Wisconsin law, but they are often issued together after a drunk driving arrest. While related, the two offenses rely on different types of proof.
An OWI charge focuses on whether alcohol or drugs impaired your ability to safely operate a vehicle. Prosecutors rely on officer observations, driving behavior, field sobriety tests, and – sometimes – chemical test results.
A PAC charge, by contrast, is based solely on a numerical threshold. The State does not need to prove poor driving or impairment—only that a chemical test showed a blood alcohol concentration above the legal limit that applied to the driver.
Key distinctions:
|
OWI Charge |
PAC Charge |
|---|---|
|
Based on impairment — alcohol or drugs affected your ability to safely operate a vehicle. |
Based on numeric BAC level — even if you were not visibly impaired. |
|
Police observations (odor, speech, balance) often used as evidence. |
Relies entirely on blood or breath test results. |
|
You can be convicted of OWI even with a BAC reading below the legal limit. |
You can be convicted of PAC even if you “felt fine.” |
|
Both charges often filed together. |
One may be dismissed at sentencing to avoid double punishment. |
In most cases, if a defendant is convicted of both OWI and PAC arising from the same incident, the court will enter judgment on only one offense for sentencing purposes – typically OWI – though both charges may remain visible in the court record.
Penalties for Prohibited Alcohol Concentration (PAC) in Wisconsin
Penalties for a Prohibited Alcohol Concentration (PAC) conviction mirror those imposed for Operating While Intoxicated (OWI). The severity of the penalties depends on the number of prior OWI-related convictions and, in some cases, the measured BAC level.
Unlike a standard traffic citation, PAC penalties can include license revocation, mandatory ignition interlock device (IID) installation, alcohol assessment and treatment requirements, and jail or prison exposure for repeat offenses.
|
Offense Level |
Classification |
Penalties |
|---|---|---|
|
1st Offense |
Civil Forfeiture |
|
|
2nd Offense |
Criminal Misdemeanor |
|
|
3rd Offense |
Criminal Misdemeanor |
|
|
4th and Subsequent |
Felony (H-E) |
|
Sentencing practices and confinement options can vary by county and judicial district. To learn more about county specific sentencing, view our Wisconsin OWI Sentencing Guidelines page.
Defense Strategies for Prohibited Alcohol Concentration (PAC) Charges
PAC cases are decided almost entirely on the reliability of chemical testing. Because the State does not need to prove impairment, even small errors in testing procedures or timing can undermine the prosecution’s case.
At Chirafisi Anderson, S.C., we focus PAC defenses on technical, constitutional, and evidentiary weaknesses, including:
Because PAC prosecutions depend on scientific evidence, effective defense requires attorneys who understand both OWI law and forensic testing standards. Learn more about chemical, blood, and breath test challenges in Wisconsin.
Why Hiring a Prohibited Alcohol Concentration (PAC) Defense Lawyer Matters
A Prohibited Alcohol Concentration charge may seem technical, but the consequences are serious. PAC cases often hinge on scientific evidence, strict testing procedures, and narrow legal standards—issues that are rarely obvious without experienced legal review. Even small errors in testing or procedure can determine whether the charge stands or falls.
The attorneys at Chirafisi Anderson, S.C. have the experience, training, and courtroom insight necessary to identify weaknesses in PAC prosecutions and protect your driving privileges, record, and future.
Prohibited Alcohol Concentration (PAC) Case Results
Get Help With a Prohibited Alcohol Concentration (PAC) Charge
A PAC charge can carry the same penalties as an OWI, including license revocation, ignition interlock requirements, and criminal consequences for repeat offenses. The outcome of your case often depends on how quickly testing issues and legal defenses are identified and pursued.
If you’ve been charged with Prohibited Alcohol Concentration in Wisconsin, speak with an experienced OWI defense attorney as soon as possible. Chirafisi Anderson, S.C. offers free consultations and represents clients throughout Southern and Central Wisconsin, including Dane, Rock, Jefferson, Dodge, Columbia, Sauk, Iowa, and Green Counties.