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

Result: Blood Test Results Suppressed; High-BAC Evidence Excluded

Handled By: Attorney Corey Chirafisi

Summary: The client was stopped by law enforcement for speeding in downtown Madison and was subsequently arrested for an OWI 2nd offense after officers noted slurred speech, bloodshot eyes, and an admission of alcohol consumption. A subsequent hospital blood test revealed a Prohibited Alcohol Concentration (PAC) of .14. Upon a meticulous review of the police reports, Attorney Chirafisi established that the client had legally requested an alternative chemical test after agreeing to the State’s initial blood draw. Under Wisconsin law, law enforcement is required to honor a qualified request for an alternative test. Because the officers failed to provide the secondary test, Attorney Chirafisi filed a motion to suppress the blood results. In a rare legal victory for OWI defense, the State conceded the motion without a hearing, severely crippling the prosecution’s case by rendering the .14 blood test entirely inadmissible.

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