A Guide to Wisconsin's Operating with a Prohibited Alcohol Concentration (PAC) Law

At a glance

When you drive in Wisconsin and have alcohol in your system, you can get two tickets for the same event. One ticket (OWI) is about how you were driving, and the other ticket (PAC) is just about how much alcohol was in your blood. The amount of alcohol that's against the law depends on your past driving record.

While these charges might seem hard to fight, a good lawyer can help by questioning how your breath or blood was tested. The punishments get worse each time you get caught, ranging from fines and losing your license to jail time. You can only be punished for one of these charges, even if you get both tickets.

In Wisconsin, a drunk driving arrest typically results in at least two criminal charges: Operating While Under the Influence of an Intoxicant (OWI) and Operating with a Prohibited Alcohol Concentration (PAC).

While many Wisconsin residents are familiar with OWI (called DUI or DWI in other states), fewer understand the nuances of PAC charges and how they differ from OWI. Wisconsin's PAC penalties are complex and vary widely. First offense PAC convictions can result in up to $300 in fines and license revocation for 6-9 months, while multiple offense penalties can reach $50,000 in fines and up to 15 years in prison. Attorneys understand these variations and how to navigate them.

In this guide, I explain everything you need to know about PAC laws in Wisconsin, including penalties, defenses, and what to do if you're facing these charges.

If you or a loved one has been charged with PAC in Wisconsin, the most important thing you can do right now is contact an experienced Wisconsin OWI/PAC attorney.

Here's how I typically help those facing these charges:

Challenging evidence. I can challenge both breath and blood test results. I am aware of the technical flaws in machines like the Intoximeter EC/IR II used in Wisconsin, which can result in calibration issues, maintenance problems, or procedural errors during administration. Even blood tests can be challenged based on issues related to handling procedures, chain of custody, or improper use of preservatives.
Identifying constitutional issues. An experienced attorney can examine whether your "traffic stop was constitutional" and whether "the law enforcement officer had probable cause to arrest" you, potentially leading to case dismissal.
Mounting a technical defence. I often investigate multiple technical defenses, including the accuracy of field sobriety and breath tests, the impact of medical conditions on test results, the proper storage of blood samples, alternative explanations for behavior that appeared to indicate intoxication, and whether there's sufficient evidence that you were actually operating a vehicle.
Preparing your case. The best attorneys thoroughly prepare for your case, becoming more knowledgeable about it than the prosecutor and the arresting officers. I identify weaknesses in the prosecution's case and leverage them to your advantage.
Working to reduce or dismiss your charges. Even when a complete dismissal isn't possible, good legal representation can lead to your case being reduced, potentially minimizing penalties.

What is PAC (Prohibited Alcohol Concentration) in Wisconsin?

In Wisconsin, Operating with a Prohibited Alcohol Concentration (PAC) is a specific charge related to drunk driving that is determined solely by your blood alcohol concentration (BAC) — the percentage of alcohol in your bloodstream.

The best way to understand this lesser-known offense is to take a closer look at Wisconsin PAC laws.

Under Wisconsin Statute 346.63(1)(b):

"No person may drive or operate a motor vehicle while...the person has a prohibited alcohol concentration."

Unlike an OWI charge, which is based on observable impairment (behavior, physical appearance, and driving patterns), a PAC charge focuses solely on your BAC measurement, regardless of whether you showed signs of impairment. This means you could potentially drive safely and still be charged with PAC if your BAC exceeds the legal limit. A PAC charge would be added in addition to OWI charges.

Your blood alcohol limit depends on whether or not you have been previously charged with OWI in Wisconsin and how many times. A BAC of 0.08% or above is considered a prohibited alcohol concentration in Wisconsin for the first, second, and third offenses of OWI.

If you are facing a 4th OWI or greater charge due to previous OWI convictions, your prohibited alcohol concentration or PAC begins at the much lower level of 0.02% for the following:

If you're facing your 11th OWI offense or any subsequent offenses (12th OWI, 13th OWI in Wisconsin, etc.), your PAC will also begin at a blood alcohol concentration of 0.02% under drunk driving laws in Wisconsin.

The legal limits for BAC in Wisconsin

The legal BAC limits in Wisconsin vary depending on your driving history and circumstances:

First, Second, and Third Offenses: 0.08% or higher
Fourth and Subsequent Offenses: 0.02% or higher
Commercial Drivers: 0.04% or higher
Drivers Under 21: Zero tolerance policy (any detectable amount is prohibited)

How PAC charges are issued in Wisconsin

When a driver is suspected of drunk driving and pulled over, they may be subjected to a breath test or a blood test to measure their BAC.

If a breath test is administered and the BAC is above the legal limit, a PAC citation can be issued immediately.
If a blood test is conducted, the results take longer, and a PAC citation may be issued later once the BAC results are confirmed.

PAC vs. OWI in Wisconsin

It's important to understand the distinction between these two charges, which are sometimes referred to as "A Ticket" (OWI) and "B Ticket" (PAC):

OWI (Operating While Intoxicated)	Based on the officer's observations of impairment Focuses on your ability to safely operate a vehicle Does not require a specific BAC level
PAC (Prohibited Alcohol Concentration):	Based strictly on your BAC measurement Does not consider whether you were driving safely Requires evidence that your BAC exceeded the legal limit

While these are separate charges, they carry identical penalties, and you can only be sentenced for one of them even if you're charged with both. The prosecution will typically focus on whichever charge has stronger evidence.

How PAC charges are issued

When you're pulled over on suspicion of drunk driving, you may be subjected to:

Breath Test: If your BAC exceeds the legal limit, a PAC citation can be issued immediately.
Blood Test: Results take longer to process, and a PAC citation may be issued later once BAC results are confirmed.

The Penalties for PAC in Wisconsin

The penalties for PAC offenses in Wisconsin increase in severity with each subsequent offense:

1st Offense PAC in Wisconsin Penalties

Jail Time: None (unless aggravating factors exist such as causing an accident or transporting a minor)
Fines: $150 to $300, plus a surcharge of approximately $365
License Suspension: 6 to 9 months
Ignition Interlock Device (IID): Mandatory if BAC is 0.15% or higher
Additional Consequences: Possible community service, probation, and mandatory attendance at an Intoxicated Driver Program

2nd Offense PAC in Wisconsin Penalties

Jail Time: 5 days to 6 months (or possibility of 30 days community service)
Fines: $350 to $1,100 plus court costs
License Suspension: 12 to 18 months
Ignition Interlock Device: Mandatory installation for at least 1 year
Additional Consequences: Probation and mandatory alcohol assessment/treatment

3rd Offense PAC in Wisconsin Penalties

Jail Time: Minimum of 45 days, up to 12 months
Fines: $600 to $2,000, plus a driver improvement surcharge of at least $435
License Revocation: 2 to 3 years
Ignition Interlock Device: Mandatory for 2-3 years, or enrollment in a sobriety program
Additional Consequences: Possible community service and probation

4th Offense PAC in Wisconsin Penalties

Jail Time: 60 days to 6 years (felony charge)
Fines: $600 to $10,000 plus court costs
License Revocation: Possible permanent revocation
BAC Threshold: Reduced to 0.02% (from 0.08%)
Additional Consequences: Mandatory alcohol treatment

5th Offense (and Beyond) PAC in Wisconsin Penalties

Jail Time: 6 months to 10 years (for fifth offense), up to 15 years for subsequent offenses
Fines: $600 to $25,000 plus court costs
License Revocation: Likely permanent
BAC Threshold: 0.02%
Additional Consequences: Mandatory treatment programs

How to Beat a OWI, PAC Case in Wisconsin

Many people mistakenly believe PAC charges are impossible to fight due to the seemingly objective nature of BAC testing.

However, several effective defense strategies exist—and I use them all the time:

Challenging breath test results

Breathalyzer devices (like the Intoximeter EC/IR II used in Wisconsin) may produce inaccurate results due to:

Improper calibration or maintenance
Incorrect test administration
Lack of proper operator training
Medical conditions (diabetes, acid reflux, ketosis)
Dietary factors
Rising BAC (if you consumed alcohol shortly before being pulled over)

Challenging blood test eesults

Blood tests, while more reliable, can still be challenged based on:

Improper storage or handling
Breaks in the chain of custody
Use of incorrect preservatives or anticoagulants
Lack of proper qualifications for personnel collecting or analyzing samples
Certain medical conditions that may affect BAC readings

Additional defense strategies

Other potential defenses include:

Questioning whether the traffic stop was constitutional
Whether the officer had probable cause for arrest
Accuracy of field sobriety tests
Alternative explanations for behaviors associated with intoxication
Evidence that you were not actually driving or operating the vehicle

If you are pulled over in Wisconsin for suspicion of OWI due to drugs or alcohol, keep in mind you have the right to refuse field sobriety testing (unless you have a CDL), which may help the ultimate outcome of your case.

"Many people in Wisconsin, if they're pulled over for suspicion of operating under the influence of an intoxicant, don't realize that they are not legally required to perform field sobriety tests." – Attorney Pat Stangl

To learn more about OWI in Wisconsin specifically, read the following articles below.

PAC & OWI Sentencing in Wisconsin

You can be charged with either a PAC, OWI, or both, but you can only be sentenced for one.

In Wisconsin, every judicial district has its own sentencing guidelines for OWIs based on state statutes. Each county circuit court is grouped into nine judicial districts.

To find your judicial district, check out this guide.

OWI Penalties in Wisconsin

Penalties for OWIs differ depending on factors such as the number of OWIs you have committed in the past and the details of your case, such as whether a minor was present in your vehicle when you were pulled over.

A first-offense OWI, for example, can result in significant monetary fines or forfeiture ranging from $150-$300, surcharges, and driver's license revocation for up to 9 months.

A second offense OWI, however, could result in possible jail time (up to 6 months), significant monetary fines of $350 to $1,100, surcharges, and mandatory driver’s license revocation for at least 12 months.

A person who commits three or more OWIs may face felony charges, heftier fines, and longer jail or prison time.

FREE 10-Minute Consultation

Madison OWI Attorney Pat Stangl has been fighting to defend clients against OWI, PAC, BAC, DUI, DWI, and other drunk driving-related charges in Wisconsin for over 30 years.

Madison attorney, Pat Stangl, is happy to extend to you a free, no-obligation 10-minute consultation to help you explore your options.

Attorney Stangl is pleased to offer (at no obligation) a FREE 10-minute consultation to discuss the charges you're facing and explore your options as you prepare to fight OWI and PAC charges.

Take the first step in defending yourself against PAC charges in Wisconsin; request a FREE 10-minute consultation right away.