Pitsch Law Offices, LLC

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How Do You Count Prior OWIs?

On January 1, 1989 a new way of counting prior offenses went into effect; this includes offenses that have occurred out-of-state. The way it counts now is as follows, for all OWI offenses:

1. All prior convictions before January 1, 1989 do not count.
2. If you have two or more prior convictions, they will stay on your record permanently.
3. If your second offense occurs more than 10 years after the first, then the second will be considered to be a first offense.
4. But, even if your third offense occurs more than 10 years after the second conviction, then it will count as your third.
a. So, technically it could go: 1st, 1st, 3rd.
5. But, if a person is convicted of a 1st offense BAC violation, wherein the OWI is dimissed, where the alcohol concentration was greater than 0.08 but less than 0.10, the WI Dept. of Trans. is required to purge the conviction from its records after 10 years, if the person does not get another conviction within that 10 year period. Under this scenario, the conviction would be able to be permanently deleted from your record.

Update On DUI Law Change

Here is a local accounting of the new laws about to be put into effect:

www.postcrescent.com/article/20091223/APC0101/912230526/1979/Wisconsin-toughens-drunk-driving-law

DUI, OWI Laws are changing

Looks like drunk driving laws are changing again. 1st offense may become criminal if a 16yo or younger person is in the vehicle and 4th offenses may become felonies if the 3rd is within 5 years of the new one.

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!