Prohibited Alcohol Concentration in Wisconsin

Challenging a BAC Over .08: Your Defense Strategy with DK Anderson, S.C.

A Blood Alcohol Concentration (BAC) of .08 or higher doesn’t mean an automatic guilty plea is your only option. In fact, taking such a step without exploring your defense possibilities could significantly impact your case negatively. There’s a broad spectrum to the defense of an OWI charge beyond just the numerical result of a breathalyzer or blood test. Our experienced drunk driving attorneys are adept at scrutinizing every facet of your case to devise the most effective defense strategy.

One critical step in your defense might include requesting an administrative review hearing with the Department of Transportation (DOT). If you’ve undergone a chemical test that registered a BAC above .08, you’re entitled to this hearing, which can be a pivotal part of your defense. For more detailed information on how such a hearing could benefit your case, we encourage you to visit our Administrative Review Hearing page. At DK Anderson, S.C., we’re committed to ensuring that all avenues are explored to safeguard your rights and achieve the best possible outcome in your OWI case.

Madison, WI Prohibited Alcohol Concentration (PAC) Lawyer

If you were arrested for OWI and took the breathalyzer test you know what your results are. If you blew above the legal limit of .08 you may feel as if you are guilty and your case is hopeless. That is not the case. The State must prove that you had a BAC of .08 or above and that your were operating a motor vehicle in order to charge you with a prohibited alcohol concentration (PAC). However there is more that must be proven to be found guilty of a OWI. The state must prove that you were impaired to point where you could not safely operate your motor vehicle. Just because you blew a .08 BAC does not necessarily mean all hope is lost. There still may be other aspects of your case that can be challenged.

How a Prohibited Alcohol Concentration (PAC) Charge Can Be Challenged and Possibly Dropped

An PAC charge does not guarantee a conviction, especially when there are valid concerns about the evidence against you, including the results from breathalyzer or blood tests. Several factors can lead to the potential dismissal of your OWI or PAC charge:

1. Equipment Issues: The accuracy of the breathalyzer or lab equipment used for testing is critical. If the equipment wasn’t properly calibrated or maintained, the reliability of your test results could be questioned.

2. Procedure Adherence: The officer conducting the breathalyzer test or the medical professional (nurse, EMT, phlebotomist) drawing blood must adhere to strict protocols. Any deviation from these standardized procedures might render the results invalid.

3. Legality of the Traffic Stop: For a traffic stop leading to an OWI charge to be legal, the officer must have had at least reasonable suspicion of a crime or traffic violation. If the stop was made without reasonable suspicion or probable cause, any evidence gathered as a result may be suppressed.

The principle of being innocent until proven guilty stands firm. Therefore, for a conviction, the State is required to prove every element of the charge beyond a reasonable doubt. If you’re facing an OWI charge and the breathalyzer indicated a BAC over .08, don’t assume your case is lost. There are numerous defense strategies that can be explored to challenge the charge.

At DK Anderson, S.C., we understand the complexities of OWI defense and are prepared to scrutinize every detail of your case. Contact us to discuss your situation and begin strategizing your defense today. Your rights and future deserve a vigorous defense, and we’re here to provide just that.