Meyer Van Severen, S.C. provides operating with a prohibited alcohol concentration defense. A PAC is often charged in conjunction with an operating while intoxicated charge. Our drunk driving attorneys, Matthew R. Meyer and Benjamin Van Severen, have worked on dozens of PAC cases.
Operating with a prohibited alcohol concentration is discussed in section 346.63(1)(b) of the Wisconsin Statues. It is violated by an individual who drives or operates a motor vehicle on a public highway while that person has a prohibited alcohol concentration. Generally the prohibited alcohol concentration is .08 grams of alcohol per 210 liters of that person’s breath, or 100 milliliters of that person’s blood. The prohibited alcohol concentration is .02 grams of alcohol per 210 liters of breath, or 100 milliliters of blood if the person has had 3 or more alcohol-related convictions, suspensions, or revocations.
If the case proceeds to trial, two elements need to be proved beyond a reasonable doubt:
1) The defendant drove or operated a motor vehicle on a highway
2) The defendant had a prohibited alcohol concentration when he drove or operated on the highway.
A conviction can be based on driving the vehicle or operating the vehicle. When a defendant is accused of driving the vehicle, drive means to exercise physical control over the speed and direction of the vehicle, while it is in motion. When the defendant is accused of operating the vehicle the definition is different. Operating refers to the physical manipulation or activation of any of the controls of the vehicle necessary to put it in motion. Most often in Wisconsin prosecutors rely on “operating” – it is a broader definition that allows criminal charges based on a wider variety of conduct. For example, if an individual is intoxicated and sleeping in her vehicle with the keys in the ignition, operating while intoxicated could be charged. Driving while intoxicated could not.
It is important that your attorney understand the law surrounding this complex legal topic in order to provide you successful prohibited alcohol concentration defense.
The penalties for a PAC are the same as an OWI:
-A first offense PAC is generally a fine.
-A second offense PAC penalty ranges from 5 days to 6 months.
-A third offense PAC penalty ranges from 45 days to 1 year.
-A fourth offense PAC (no other OWIs within 5 years) penalty ranges from 60 days to 1 year.
-A fourth offense PAC (one or more OWIs within last 5 years) is a Class H Felony, carrying with it a penalty of 6 months to 6 years.
-A fifth or sixth offense PAC is a Class H Felony, carrying with it a penalty of 6 months to 6 years.
-A seventh, eighth, or ninth PAC is a Class G Felony, carrying with it a penalty of between 3 years and 10 years.
-Finally, a tenth or subsequent PAC is a Class F Felony, carrying with it a penalty of between 4 and 12.5 years.
Hiring a criminal defense attorney is the first step in winning your PAC case. Individuals facing PAC charges often think they can hire any attorney for representation. While any defense attorney can show up to court with you and say nice things about you, not all attorneys know the intricacies involved in drunk driving law. Look up that attorney you’re about to hire on a website like avvo.com. Make sure that attorney actually does drunk driving work. Read client testimonials about that drunk driving lawyer. And then decide who you’re going to hire.
Matthew R. Meyer has been a member of the National College of Drunk Driving for DUI Defense. Benjamin T. Van Severen is involved in numerous other criminal defense organizations. We understand the issues involved in defending drunk driving cases. We practice only drunk driving and criminal law.
How we defend your case depends on the facts. Were you deviating from your designated lane? Were you speeding? Are there motion issues? Are the police lying? Or are the police exaggerating what’s going on? All of these are issues that we will need to dig through in preparing your defense. And that will allow us to figure out how to attack your case
Milwaukee criminal defense attorneys Matthew Meyer and Benjamin T. Van Severen can be reached for a free consultation at (414) 270-0202. If you need competent, aggressive, effective prohibited alcohol concentration defense, Meyer Van Severen, S.C. can help you. Call us at (414) 270-0202.