Legal blood alcohol limit for Wisconsin
In Wisconsin, the legal Blood Alcohol Concentration (BAC) limit for operating a motor vehicle is .08 percent for drivers aged 21 and older. For drivers under 21 years old, the limit is reduced to .02 percent. The BAC limit for commercial motor vehicle drivers is .04 percent, and .02 percent for persons in "exempt transits," such as motor homes or campers.
The BAC is determined through a breath test or a blood test. The concentration is used to determine the intoxication of the driver , which can lead to charges of Operating with a PAC E (PAC stands for "Prohibited Alcohol Concentration"). Promising to pull the driver’s license if stopped due to impaired driving and testing above the legal BAC, the police in Wisconsin will in most cases request that the driver submits to a breath or blood test, known as an "intoximeter" in the field.
If the driver refuses, he or she can face an automatic six-month license suspension and in some cases a fine. Any refusal will be used against the driver at court in proving that the driver was "conscious" of his or her impairment.
What methods are used to determine BAC?
The methods for measuring a person’s blood alcohol concentration (BAC) in Wisconsin are based on their presumed physiological effects on the body. Different methods must be used because each of our bodies is different. Alcohol is absorbed into our body through various means, and each person’s body responds differently. Some absorb alcohol faster than others, and others react to alcohol in a much different manner. This causes difficulties because, for those that are more sensitive to alcohol, a small amount of alcohol may have a very little effect on them. But to those it affects more, it may have a substantial impact on their faculties. You will almost always hear the expression that everyone is different; this statement rings true in this context.
Under Wis. Stat. § 885.235, there are four different means to measure BAC; they are breath, blood, urine, and saliva. In the field, an officer will typically use a Preliminary Breath Test (PBT). PBTs work on the basis of the breath alcohol being absorbed through their lungs and exhaled into the PBT. The PBT can then measure the air that is measured into the device and estimate what the BAC is in the lungs and provide an estimate of what the BAC is in the body. PBTs are not the most accurate devices, and they should not be used as the be-all-end-all measurement of a person’s BAC. The PBT is used at the roadside to assist an officer in determining whether he or she have probable cause to make a legal arrest. The only time a PBT must be used is for those under 21 years of age who are suspected of having a BAC of .08 or greater simply by the mere fact that they have been drinking. A statutory presumption for those under 21 exists based on the mere fact that they have been drinking. If the PBT shows a presence of alcohol, then probable cause exists that the underage drinker was operating on alcohol.
Another way to measure BAC is through blood testing. Generally speaking, if you are brought to the hospital for accident or injury, then the attending medical professionals will conduct a blood draw in most instances. Sometimes this cannot be done until a court order has been issued to allow the blood to be drawn. Sometimes the blood is drawn for medical purposes, and then the police obtain the blood once it is in the blood bag. Blood draws must be done by medical professionals. In rarer circumstances, oral fluids could also be taken.
The blood and urine samples are then sent to the state laboratory of hygiene for testing and a thorough examination. A urine sample takes longer to process, while blood samples are usually expedited and received within about three to four days.
The penalties for driving over the legal limit
In the State of Wisconsin, it’s illegal to drive with a blood alcohol content (BAC) over 0.08%. Those who feel that they still have jurisdiction to drive after a few drinks should drink another one and read on.
First Offense
Anyone convicted of operating a vehicle after drinking and blowing .08 percent will face significant penalties for this offense. First, the person could be fined between $150 and $300, imprisoned for nine months in jail or have their license suspended for nine months. Then, the person will have to take mandatory classes in order to get their license back. The cost of those classes depends on the length of the program.
Second Offense
A second offense comes with a fine of up to $1,100, a jail sentence of up to five days, loss of their drivers’ license for 18 months and mandatory program attendance.
Third Offense
The fines for a third offense are higher at $2,200. Repeat offenders will also lose their license for two years and be required to spend two months in jail. Mandatory treatment programs will continue to be offered for these individuals.
Fourth Offense
Those who commit a fourth DUI offense within 15 years face an expensive fine of $2,500, one year in jail and a three-year loss of their license. Again, they will be forced to attend treatment programs.
There is a widely held belief that driving under the influence is not a serious offense, which probably originates from the fact that so many people do it. The facts present a much different road than the many offenders are taking. As more and more people decide to operate on the road while intoxicated, both drivers and passengers are endangered by reckless behavior. Promptly address the issue of your intoxicated driving and seek dues with the law.
Factors that can affect BAC
Many factors can influence a person’s blood alcohol content. Weight, tolerance, food intake before and during drinking and even gender play a role in determining a person’s alcohol level.
Many people don’t realize how much a person’s weight affects their legal limit. Studies indicate that a 150-pound male drinking a six-pack of beer will be above the legal limit at the end of four hours, while a 160-pound female will be above the legal limit after about two and a half drinks.
Another important factor in a person’s blood-alcohol level is tolerance. Some alcohol treatments say that because a person’s metabolism of alcohol varies widely among individuals, it is not possible to know when they will be sober again after drinking.
There are a few methods of estimating a person’s alcohol level. The most aggressive usually comes from the officer who arrested you. Badger State Law calls for officers to take into account a person’s age, sex, body weight, time elapsed since the first drink swallowed, total volume of alcohol drunk and medications taken that might interfere with liver clearance of the alcohol. There are also mathematical formulas that some police departments use that do not take into account the other factors.
Others use the "one- drink-per-hour" method. This method presumes that a person’s body can metabolize .54 ounces of pure ethyl alcohol per hour. This method, too, fails to take into account the variables listed previously.
Alcohol effects on ability to operate vehicle
At a blood alcohol concentration (BAC) of .02 to .04, a driver may have some thoughts of judgment. At the BAC of .04 to .06, there is a mild sensation of relaxation with slight impairment. Between the BAC of .07 and.11, judgement is considerably impaired and reaction time may be slowed. At a BAC of .12 to .15, reaction time and coordination are very much impaired with the risk of an accident with a driver at this particular level increasing as much as 10 times that of a sober driver. With a BAC of .20 to .25 , the chances of an accident at this particular BAC level sky rocketing and becomes 30 times greater than that of a sober driver. At a BAC of .26 or greater, a person at this particular level is unable to control their emotions, become dazed and experience impaired judgment. A sober driver is 50 times more likely to be involved in an accident than one who is sober.
Once a person passes a BAC of .30, this causes a near complete loss of memory and the ability to even move. All of these statistics are from the National Highway Traffic Safety Administration (NHTSA).
Legal options to beat charges of blood-alcohol level
Legal Defenses Against BAC Charges in Wisconsin
Prosecutors and police make mistakes, and legal defenses against blood alcohol content charges are not uncommon. If a breathalyzer adminstrator failed to give enough pre-testing instructions or improperly calibrated the tool, the resulting test may be invalidated. Similarly, if you were arrested for suspicion of drunk driving, but taken somewhere other than the police department or intoxilyzer facility for the breath test, the result may be excluded from evidence (or even the arrest invalidated). Likewise, if you are convited based on refusal to submit, you must be provided with all possible alternatives to this option, including .01 Naloxone treatment.
In some cases the state may not be able to prove that your BAC was at least .08 at the time you were driving, in which case the .08 reading is irrelevant. Wisconsin constutional law provides for the necessity of the state proving every element of the citation, including the amount of alcohol present, beyond a reasonable doubt. It is not uncommon to find instances of .08 or .09 BAC readings, where the arresting officer did not take a sample until an hour or more after the defendant was last driving. In this instance, your alcohol consumption decreased, and it could be argued that your BAC was actually lower than the analysis done at the BrAC testing site.
BAC limits in other states
While Wisconsin’s BAC limit and penalties are unique in many ways, they are not completely without precedent. The majority of states in the United States have a legal limit of 0.08 – double that of Wisconsin. Among the states that also have 0.04 as the legal BAC limit for OWI 0.04 is the neighboring state of Minnesota, where penalties for exceeding this limit are quite harsh. Minnesota will automatically revoke your driver’s license for a year if your BAC is .16 or greater, with consecutive mandatory minimum penalties for multiple offenses. Comparatively, Wisconsin only mandates 12 months of license revocation for repeat offenders whose BAC is .15 or greater. In fact, it’s worth noting that Wisconsin does not even penalize people harshly for exceeding .16 BAC who are first-time offenders (although those who fall into this category are eligible for the Ignition Interlock Program). Minnesota also does not have an exception to a one-year license revocation for first-time OWI offenders, meaning that first-time offenders with a BAC of 0.20 will be penalized as harshly as 4th-time offenders.
Recent amendments and proposed legislation
Most significant changes to Wisconsin’s legal BAC limits came in the summer of 2013, when the maximum allowed level of chemical test evidence dropped by .02 from .10 to .08. This change amended a law that was enacted in 2006 which had made a similarly large cut in the legal BAC limit for drunken driving from .12 to .10. And more recently, in September 2017, Governor Walker signed Act 80, which increased the penalty for refusing to take a breath test for blood alcohol content (BAC) from a civil traffic violation punishable by up to $200 to a criminal misdemeanor punishable by up to 6 months in jail and a fine of up to $1,000. Wis. Stat. § 343.305(9)(a).
Supporters of stricter penalties for refusals argue that the measure will encourage drivers to provide a chemical sample and make it easier for prosecutors to obtain evidence needed to obtain a drunken driving conviction. Opponents question whether the new criminal refusal charge can be effectively applied when the existing civil penalties already carry stiff sanctions for noncompliance. They also observe that refusal evidence is inadmissible in trial, where the prosecution must prove guilt beyond a reasonable doubt, but is instead intended for sentencing , where it shifts the burden to the defendant to prove a mitigating factor regarding his refusal. However, the legislative history indicates that Act 80 was intended to treat BAC refusals more like those for blood or urine tests, which are criminally punishable under section 343.305(10)(c) of the statutes. The proof and admissibility issues may be better addressed through a more narrowly tailored amendment to section 885.235(1), which currently allows court admission of BAC refusals for the separate purpose of proving that he/she had been "arrested," i.e. taken into custody by a peace officer or voluntarily submitted to the officer’s authority. So far, no such amendment has been proposed. As for future changes, a state lawmaker has recently expressed concern that the Highway Safety Department’s budget for drunken driving enforcement is not well-financed and is a barrier to obtaining grant funding needed by traffic officers to collect more arrests and chemical tests. Rep. John Nygren (R-Marinette), co-chair of the Joint Committee on Finance, was quoted as saying, "The more we invest in prevention efforts in this area, the more we will gain long-term public health and safety benefits," adding that he expects to continue to follow the department’s progress on the matter.