OWI 2nd Offense & PAC .14 – Dane County (June 2026)

Result: Blood Alcohol Evidence Suppressed; OWI Amended to Reckless Driving with No Jail Time or License Loss

Handled By: Attorney Corey Chirafisi

Summary: The client was pulled over for traveling 57 mph in a 25 mph zone, and officers subsequently observed a strong odor of intoxicants, slurred speech, and red, glossy eyes. While the client performed reasonably well on field sobriety tests, a Preliminary Breath Test (PBT) showed a .14 BAC, and the client consented to an evidentiary breath test. Upon a meticulous review of the discovery materials, the defense discovered that the client had legally requested an alternative chemical test, which the officers failed to provide. Attorney Chirafisi filed a motion to suppress the breath test evidence based on this statutory violation. The State chose not to contest the motion, resulting in the total suppression of the test result. Deprived of their primary scientific evidence, the prosecution agreed to amend the OWI 2nd offense to a charge of Reckless Driving. The client resolved the matter with a simple fine, completely avoiding jail time, a license revocation, and mandatory alcohol classes.

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