If you have been charged with drunk driving in Wisconsin, one of the first things that confuses people is the paperwork itself. You were pulled over once, on one night, for one alleged act of driving — and yet the citation or complaint lists two charges: OWI and PAC. It looks like the State is trying to punish you twice for the same thing. It isn’t, quite, and understanding the difference between these two counts is the first step to understanding your case.

Two names for two different theories of the same night

Wisconsin’s drunk-driving law does not describe a single offense. It describes two related ones, and the State is allowed to pursue both at the same time.

The first is OWI — operating while intoxicated. Under Wis. Stat. § 346.63(1)(a), it is unlawful to operate a motor vehicle while under the influence of an intoxicant to a degree that renders you incapable of safely driving. This is the impairment theory. It is about how the alcohol affected you: your driving, your balance, your speech, your performance on field sobriety tests, the officer’s observations.

The second is PAC — prohibited alcohol concentration. Under Wis. Stat. § 346.63(1)(b), it is unlawful to operate with a blood or breath alcohol concentration at or above the legal limit, which for most drivers is 0.08. This is the number theory. It does not ask whether you seemed impaired; it asks what the chemical test said. If the test result is at or over the threshold, the PAC count is met regardless of how well you were driving.

Why the State charges both

The two counts exist because they can fail independently. A driver might blow below the limit but still be visibly impaired — the OWI count can carry even where the PAC count does not. Conversely, a driver might perform well on field tests but return a chemical result over the limit — the PAC count can carry even where the impairment evidence is thin. By charging both, the prosecution covers both paths to a conviction and does not have to choose, at the outset, which theory the evidence best supports.

This is why seeing two charges is not a sign that your case is twice as bad. It is a standard feature of how OWI cases are pleaded in Wisconsin. Nearly every driver who submits to a chemical test and registers at or above the limit sees both counts.

You are charged with both, but convicted of only one

Here is the part that reassures most people once they hear it: Wisconsin law does not let you be convicted of both. Wis. Stat. § 346.63(1)(c) provides that although you may be charged with and prosecuted on both the OWI and the PAC counts arising from the same incident, you may not be convicted of both. If the case ends in a conviction, it enters on one count, and the two are counted as a single offense for purposes of your record and any future priors.

So the doubled paperwork does not mean doubled penalties. It means the State has kept two routes open to a single conviction. Understanding that changes the emotional weight of the citation, and it changes where the real defense work is aimed.

The number is not always 0.08

For most drivers the prohibited concentration is 0.08, but that figure is not universal. Commercial drivers are held to a lower threshold, and drivers with multiple prior OWI offenses are subject to a lower limit as well. Which threshold applies to you depends on your license and your history, and it is one of the details worth confirming early rather than assuming. The exact figures are set by statute and can be revised, so a general article should never be read as a promise about the number that governs your particular case.

Where the two counts can be challenged

Because OWI and PAC rest on different kinds of proof, they are challenged in different ways. The impairment count turns on human evidence — the reason for the stop, the officer’s observations, the administration of field sobriety tests, and whether standardized procedures were followed. The PAC count turns on the chemical evidence — whether the breath instrument was properly calibrated and the operator certified, whether a blood draw followed chain-of-custody rules, and whether the test was administered correctly and timely.

A weakness in one count does not automatically resolve the other, which is exactly why both deserve scrutiny. A stop that lacked reasonable suspicion can undercut the whole case; a testing problem can knock out the number while leaving the impairment theory to be litigated on its own terms. None of this happens automatically. It requires someone to read the reports, the statute, and the test records with the specific aim of finding where the State’s proof is thin.

Talk to a New Berlin OWI defense lawyer

If you are facing OWI and PAC charges in Waukesha County, Milwaukee, or the surrounding communities, the two-count citation is normal — but what it means for you depends on the facts of your stop and your test. Carson Law Office can walk you through exactly what each count requires and where your case can be contested. Call (262) 860-8932 or contact us here to talk it through.

This article provides general information about Wisconsin law and is not legal advice. Reading it does not create an attorney-client relationship. Every case is different; for advice about your own situation, speak with a licensed Wisconsin attorney.