OWI vs. PAC in Wisconsin: Everything You Need to Know

If you’ve been charged with drunk driving in Wisconsin, you may see more than one charge listed on your citation—most commonly, OWI and PAC.

Understanding what these terms mean, why there are two charges, and what penalties you may face can help you take the right next steps in your defense.

What does OWI mean in Wisconsin?

OWI stands for Operating While Intoxicated. It’s Wisconsin’s version of what many other states call a DUI or DWI.

An OWI charge means law enforcement believes you were operating a motor vehicle while under the influence of alcohol or another intoxicant to a degree that rendered you incapable of safely driving. In other words, this charge focuses on your level of impairment behind the wheel—not necessarily your exact blood alcohol concentration (BAC).

What is a PAC charge?

PAC stands for Prohibited Alcohol Concentration.

While OWI focuses on impairment, a PAC charge is based strictly on your blood alcohol concentration. In Wisconsin, the legal limit is .08% for most drivers aged 21 and over. That means even if you were driving safely and showing no signs of impairment, you can still be charged with PAC if your BAC is at or above the legal limit.

PAC is sometimes referred to as the “B Ticket,” while the OWI charge is called the “A Ticket.”

Why are there two charges for one incident?

It’s common in Wisconsin to receive both an OWI and a PAC citation for the same traffic stop. Here’s why:

• The OWI charge alleges that you were too impaired to safely operate a vehicle.

• The PAC charge alleges that your blood alcohol concentration was above the legal limit, regardless of how you were driving.

The State can file both charges because they address two different legal standards. However, you can only be convicted of one, and the prosecution will usually pursue whichever charge is better supported by the evidence.

Is a PAC charge a felony in Wisconsin?

Usually, no. A first or second PAC offense is generally treated as a traffic violation or misdemeanor. However, a third offense or higher can be a felony, especially if there are prior OWI-related convictions or aggravating factors such as injuries or a minor passenger in the vehicle.

The BAC threshold also changes with repeat offenses:

• .08% for first through third offenses

• .02% for fourth or subsequent offenses

What are the penalties for a PAC conviction?

Penalties vary depending on how many prior OWI/PAC offenses are on your record. Below is a general overview:

First Offense

• Jail: None (unless there was an accident, injury, or a minor passenger)

• Fines: Around $1,000 plus surcharges

• License Suspension: 6–9 months

• Ignition Interlock Device (IID): 1 year

• Other: Mandatory Intoxicated Driver Program and potential community service or probation

Second Offense

• Jail: 5 days to 6 months or 30 days of community service

• Fines: $350–$1,100 plus costs

• License Suspension: 12–18 months

• IID: 1 year

• Other: Probation and required driver safety programs

Third Offense

• Jail: 45 days to 1 year

• Fines: $600–$2,000

• License Suspension: 2–3 years

• IID: 2–3 years

• Other: Probation, community service, and possible sobriety monitoring

Fourth Offense

• Jail: 60 days to 6 years

• Fines: $600–$10,000

• License Suspension: Permanent

• Other: Mandatory treatment and lifetime IID or sobriety conditions

Fifth Offense

• Jail: 6 months to 10 years

• Fines: $600–$25,000

• License Suspension: Permanent

• Other: Mandatory treatment and additional penalties

Can I fight a PAC charge?

Yes. Even though a PAC charge is based on a test result, it can be challenged. Common defenses include:

1. Challenging Breath Test Results

• The testing machine may have been improperly calibrated or maintained

• The officer may have lacked certification or performed the test incorrectly

• Medical conditions like diabetes, acid reflux, or ketosis can cause false positives

2. Challenging Blood Test Results

• Chain of custody issues or sample mishandling

• Improper preservatives or storage conditions

• Technician qualifications or procedural violations

• Potential contamination or tampering

Even small errors in testing or documentation can cast reasonable doubt on BAC evidence—and that can make all the difference in your case.

How can a defense attorney help?

At Stangl Law Offices, we’ve defended thousands of clients facing OWI and PAC charges across Wisconsin. We dig into every detail of your arrest, testing process, and case file to identify weaknesses in the prosecution’s evidence.

Our preparation is exhaustive—we work to know your case better than the prosecution or the arresting officer. This approach has helped us secure dismissals, reductions, and acquittals for clients facing even the toughest OWI and PAC charges.

If you’ve been charged with OWI or PAC in Wisconsin, you don’t have to face it alone. The earlier you act, the better your chances of a favorable outcome.

Contact Stangl Law Offices today for a free, confidential case evaluation. We’ll help you understand your options, protect your rights, and fight to keep your record—and your license—clean.

If you are facing OWI, DWI, DUI, BAC or PAC charges in Wisconsin, you should contact a skilled criminal defense attorney to assist in your defense as soon as possible.

Attorney Patrick Stangl explains why you should never give up hope when fighting repeat DUI/OWI charges in Wisconsin:

Criminal Defense Lawyer Patrick J. Stangl has been aggressively fighting to protect the rights of drivers accused of OWI and other drunk driving charges for over 30 years. He remains committed to protecting the innocent against OWI charges in Madison, Hayward and across Wisconsin.

If you’ve been arrested or charged with OWI in Wisconsin, it’s crucial you contact an experienced Madison OWI lawyer today. Contact Attorney Patrick Stangl for a free consultation: