Think Before You Drive

Many times a person will be over the legal limit and not feel the effects of alcohol. Before you leave the bar or establishment where you've been drinking, please reconsider whether you should drive. After all, a taxi cab is cheaper than a conviction for drunk driving.

Don't let this be you:

If that option is too late, please call us before you lose your rights. After all, many times you only have 10 days from the time of the incident to request the proper hearing or risk your licence being taken away either by the DOT/DMV administratively or by the court at the first hearing.

Pitsch Law Offices, LLC - "We know what to do and we can help you!"

Please call us immediately at: (920) 380-0971

We service the greater Fox Valley Region & North Eastern Wisconin area, including its surrounding communities. We are conveniently located down town Appleton.

www.pitschlaw.com

Drunk Driving Informational Video

Estimate Your Blood Alcohol Percentage (BAC)

Estimated BAC for MEN:

Drinks per Hour by Body weight in Pounds

0 140 150 160 170 180 190 200 210 220 230 240
1 0.03 .03 .02 .02 .02 .02 .02 .02 .02 .02 .02
2 0.05 .05 .05 .05 .04 .04 .04 .03 .03 .03 .03
3 0.08 .08 .07 .07 .06 .06 .06 .05 .05 .05 .05
4 0.11 .10 .09 .09 .08 .08 .08 .07 .07 .07 .06
5 0.13 .13 .12 .11 .10 .10 .09 .09 .09 .08 .08
6 0.16 .15 .14 .13 .13 .12 .11 .11 .10 .10 .09
7 0.19 .18 .16 .16 .15 .14 .13 .13 .12 .12 .11
8 0.21 .20 .19 .18 .17 .16 .15 .14 .14 .13 .13
9 0.24 .23 .21 .20 .19 .18 .17 .16 .15 .15 .14
10 0.27 .25 .23 .22 .21 .20 .19 .18 .17 .16 .16


Estimated BAC for WOMEN:

Drinks per Hour by Body weight in Pounds

0 90 100 110 120 130 140 150 160 170 180 190 200
1 0.05 .05 .05 .04 .04 .03 .03 .03 .03 .03 .03 .02
2 0.10 .09 .09 .08 .08 .07 .07 .06 .06 .05 .05 .04
3 0.15 .14 .13 .11 .11 .10 .10 .09 .09 .08 .08 .07
4 0.20 .18 .17 .15 .14 .13 .12 .11 .11 .10 .10 .09
5 0.25 .23 .21 .19 .17 .16 .15 .14 .14 .13 .12 .11
6 0.30 .27 .25 .23 .21 .19 .18 .17 .16 .15 .15 .14
7 0.35 .32 .30 .27 .25 .23 .22 .20 .19 .18 .17 .16
8 0.40 .36 .33 .30 .28 .26 .25 .23 .22 .20 .19 .18
9 0.45 .41 .37 .34 .31 .29 .28 .26 .25 .23 .22 .20
10 0.51 .45 .42 .38 .35 .32 .30 .28 .27 .25 .24 .21

One drink approximately equals a 12 oz. beer, 1.25 oz of 80 proof liquor or 5 oz of wine

Keep in mind that you burn off alcohol at approximately a .015% per hour.

So, a 190 pound man having 8 drinks in 4 hours would roughly have a BAC of 0.1%.
* Example: ((190lb man w/8 drinks in an hour (0.16%)) - (reduction over a 4 hr time span (0.15x4))) = 0.1% BAC, which is over the legal limit of 0.08% in Wisconsin.

The average male will eliminate about 2/3 of a drink per hour, while the average woman will eliminate about 1/2 of a drink per hour.

There are several factors that go into "intoxication, " such as tolerance or sensitivity, mixing with prescription medication, etc. So, you should not use these tables to determine anyone's fitness to drive. Purchasing a BAC meter, which are available at stores or online do not accurately detemine "fitness" to drive either. If you drink you should not drive; consider a designated driver or taxi cab instead!

Informing the Accused

Another victory for the little guy....Prosecutor puts on his case-in-chief, has the officer and a witness testify, says client failed all field sobriety tests and was intoxicated. Witness testifies that he saw client driving, despite being the middle of the night at winter while being 75 feet away with lights shining in his eyes. Officers report states he read the Informing the Accused to client, but failed to testify to that fact at trial. Prosecutor closed his case-in-chief and attempted to submit the blood test results. I objected, stating no foundation, prejudice to client, and violation of his statutory and Constitutional rights because officer never testified that he read the Informing the Accused to my client, prosecutor never questioned officer about this at trial and never submitted that form into the trial record. Jury came back finding client guilty. But, the judge agreed with me and dismissed the case with prejudice, stating that my client's rights were violated.

We, as attorneys, have the duty to defend our clients and legitimize the legal process so that people's rights remain intact and so that innocent people's rights are not violated! I take that duty seriously!

My Complaint Has Incorrect Information In It

I have a lot of client's telling me that they have been charged with an OWI or other crimes and that they have read the Complaint (the charging document) and it has false informtion in it. What can they do?

Well, first you must determine whether or not the information is material to the sufficiency of the Complaint, i.e., but for that possibly incorect information, would they have enough to charge you? If the answer is yes, then disregard the fact that you believe it to be incorrect. If, however, you believe that without that information in the charging document the case would have no merit or be insufficent to charge you, then you may move the court for an evidentiary hearing, via a Franks/Mann motion. In bringing this motion you are challenging the sufficiency of the charging document. In attacking the sufficiency of the Complaint you should file a motion and affidavit to support the motion. You, however, do not have to show that the misrepresentation was intentional or reckless, so long as "but for the misstatement or omission being included" there would not be probable cuase.

So, there are times where, due to error, you may be able to get your case dismissed.

How Do I Get My License Reinstated After Suspension

Generally, you need only pay the reinstatement fee, which is about $50, no application or test is required. Remember, suspension will continue until the reinstatement fee is paid.

What Do You Mean The Legal Limit Is 0.02 not 0.08

After you have accumulated three (3) OWI, BAC or other related and applicable offenses, then you BAC limit goes from a 0.08% to 0.02%. So, if you are pulled over and cited for a 4th offense, it will be based upon a BAC limit of 0.02.

There are sometimes ways around this. For examlple, if you didn't have an attorney on your 2nd or 3rd offense, you may be able to get one of the prior convictions suppressed and make therefore turn the 4th offense into a 3rd offense, and, then the BAC level goes back up to 0.08%.

It is important to gave an attorney who knows how to accomplish this! So, pick your attorney carefully.