DWI Facts In Beloit WI & Janesville
In Wisconsin, a PAC (driving with a Prohibited Alcohol concentration) charge cannot occur until your BAC (blood alcohol content) is above the legal limit or for most people this is .08%, but can be as low as .02% for others.
Because people are different sizes, drink different beverages and consume at different speeds, knowing when someone is at risk of a PAC can be difficult.
At Monahan and Johnson, S.C., we believe an ounce of prevention is worth a pound of cure. And, in the case of a DWI, there are no truer words spoken. Below are a few reference tools to help drivers of all sizes avoid an embarrassing and costly DWI.
Avoiding a DWI In Beloit WI
To drink responsibly, you must be aware of a few simple facts. They include considering what you are drinking, your weight, amount of food you have consumed (and when), hours you have, sleep, tolerance and your rate of consumption.
First, consider what you are drinking. When is comes to alcoholic beverages, there are an infinite number of choices. For our DWI discussion, we will narrow it down to three general categories. They are –
• Beer – 12 fluid oz. = one serving
• Glass of Wine – 5 fluid oz. = one serving
• Hard Liquor – 1.5 fluid oz. shot
In the chart below, note the weight and the number of drinks. One important figure missing is time. The results listed below show the results of consuming the listed number of drinks within an hour. If the drinks are spread out over a number of hours, the results will vary.
In the table below, the noted BAC number is as follows
B LACK = Unimpaired
BLUE = Impaired Driver
RED = Legally Drunk Driver
Keep in mind this table is provide a reference only. It should NOT be used determine if you are capable of operating a vehicle. There are a number of variables that can influence whether you are legally qualified to drive. We, at Monahan & Johnson, S.C. always encourage the use of a designated driver.
A DWI Is Different Things To Different People
If you are 21 years old or older, the legal BAC is .08% for 1st time offenders. But many people are not aware for those under the age of 21 and certain repeat offenders the legal BAC threshold is actually .02%. And, for those with commercial licenses, the BAC is .04%.
The bottom line is a DWI can occur for different people at different times depending on what their individual situation is, including type of license, weight, what you are drinking and how quickly you are consuming your beverages.
Things To Remember if Stopped For An DWI
Even with the best planning, sometimes mistakes are made. It is important to remember cooperating with Police is always a good practice with a DWI or any other situation. It is also important to realize the Police are doing their jobs and are looking for the safest and quickest way to move forward.
If you drink, remember the following –
- Pulling over to the side of the road or into a parking lot to “sleep it off” does not mean you cannot be prosecuted for DWI – Operating a motor vehicle for DWI purposes means activating any of the controls of the vehicle necessary to put it in motion. Putting the key in the ignition may qualify.
- You are obligated by law to submit to a breath, blood or urine test if lawfully arrested for operating while intoxicated – Wisconsin has an “Implied Consent Law”, like most states. By simply by driving a vehicle on Wisconsin roads you have consented to a chemical test. If you refuse a chemical test, in most cases your driving privileges will be revoked – usually longer than the DWI penalty.
- You do not decide which chemical test you will take until you have submitted to the test offered by the arresting officer – Many people stopped for DWI believe they can choose which test they get following their arrest. This is not accurate. The officer selects the initial DWI test. After that test, you can request an alternative test. The police are obligated to give you at their expense.
- You do not have the right to legal advice prior to submitting to the chemical test – If you ask for a DUI lawyer to help you decide to take the test; the police do not have to honor the request. Continuing to request a DUI lawyer can be deemed by the officer a “refusal” to submit to the DWI test, thus exposing you to additional penalties.
- Your license can be suspended before you’ve even gone to court – If a chemical test shows an alcohol level above the legal limit, your license can be suspended for 6 months based on that fact alone–even if you haven’t been to court yet. This DWI suspension usually happens 30 days from the date the prohibited alcohol level is determined. A hearing needs to be requested within 10 days to prevent this automatic suspension. There will then be a hearing to determine if your license will be suspended.
Monahan and Johnson S.C. in Beloit WI have experienced DUI Lawyers ready to assist you in navigating the DWI arrest process.
Monahan and Johnson S.C. offer free phone consultations to Beloit and Janesville WI area residents. You will meet one-on-one with an experienced DUI Lawyer. Call or email Tom Johnson today at 608-362-8086 for more insight about how to proceed with an DWI defense in Beloit WI.