Wisconsin’s Legal Limit of Alcohol in the Blood
Blood Alcohol Concentration (BAC) Levels in Wisconsin
Wisconsin law sets the legal limit for blood alcohol concentration (BAC) at 0.08 percent for most drivers in Wisconsin. That means that if you circulate that amount of alcohol in your body (in terms of a BAC percentage) and you are pulled over by law enforcement officials, appearing sober is vital while you are being field tested or given a chemical sobriety test. If you do not appear to be sober and have a BAC of 0.08 or higher or refuse a sobriety test, then the police officer will believe that DUI charges follow.
While a BAC of 0.08 or above is the general legal limit, different prohibitions apply to different classes of drivers, including:
Commercial Drivers: While the legal limit for a general driver in Wisconsin is 0.08 percent, that legal limit is applied differently to commercial vehicle drivers . Commercial operators generally have a blood alcohol content limit of 0.04 percent. That means that if you drive a commercial vehicle in Wisconsin and are pulled over for a suspected DUI, if you tested with a BAC above 0.04 you would likely face DUI charges.
Underage and Professional Drivers: In addition to commercial vehicle drivers, underage and certain professional drivers are considered "operating while intoxicated" (OWI) by Wisconsin law at a BAC of 0.02 percent. This means that if a 19-year-old drives and circulates enough alcohol in his or her system to cause a blood alcohol concentration of 0.02 percent, then they would face OWI charges. The same is true for airline pilots, professional truck drivers, bus drivers, and skydivers, as those individuals have their own set of established blood alcohol concentration limits for reporting purposes.
Legal Penalties for Driving Above the Limit
WISCONSIN IMPAIRED DRIVING LAWS
Under Wisconsin impaired driving laws, a BAC of 0.08% or greater is considered over the legal limit, and means you are legally intoxicated. You can be charged with operating under the influence, or OWI (in OWI laws the "O" stands for operating, not operating a vehicle). Having someone else blow into the Breathalyzer and falsely blowing a BAC under the legal limit for you (known as "cheating the breath test") is illegal, and you can be seriously penalized. BAC testing is known as a chemical test, and this includes breath tests, blood tests, and urine tests. BAC testing must be done within three hours from the time of operating.
For any conviction or age, first offense OWI is now a fine of $150-600 plus surcharges, a revocation of your license and an alcohol assessment order. You must then follow through with whatever recommendations the assessment of your drinking habits is made. You can also be sentenced up to six months in jail. Second offense OWI will mean a fine of $300-1,110 (plus surcharges), the option of electronic monitoring, and a license revocation. In addition to that you can be sentenced to 6 months to 1 year in jail. If you have a 3rd offense OWI, the penalties increase significantly, with a mandatory 5 days to 6 months of jail time, a fine of $600-2,000 (plus surcharges), and your alcohol assessment recommendation. Sentencing is not something that is usually done until the case has been resolved. The court will consider the OWIs (and other actions) that you have received within 10 years prior to conviction. For 4th and subsequent OWIs, you will face a minimum of 2 years of jail time, exactly how much time you will serve depends on the circumstances of the OWI.
What Can Affect Your BAC Level
Numerous factors contribute to the concentration of alcohol in a person’s blood. These factors include body weight, rate of alcohol consumption, consumption of food, and gender. Each individual alcohol drink has, on average, half an ounce (one "standard" drink) of pure alcohol. A standard drink has approximately 14 grams of alcohol by weight and contains:
• 0.5 fl oz (15 g) of alcohol (1.7 fl oz (50 ml) of liquor)
• 10.2 g of alcohol (12 fl oz (350 ml) of beer or 4.4% alcohol beers)
• 15.8 g of alcohol (16.9 fl oz (500 ml) of beer or 5% alcohol beers)
• 19.8 g of alcohol (24 fl oz (700 ml) of beer or 7% alcohol beers)
• 23.7 g of alcohol (25.4 fl oz (750 ml) of beer or 10% alcohol beers)
• 28.5 g of alcohol (32 fl oz (950 ml) of beer or 12% alcohol beers)
• 31.5 g of alcohol (33.8 fl oz (1,000 ml) of beer or 14% alcohol beers)
• 39.5 g of alcohol (40 fl oz (1,200 ml) of beer or 17% alcohol beers)
Many people have drinks that are 1.5 times larger than a standard drink serving. The idea that standard drink sizes are relatively small is especially true with wine. Indeed, it’s possible that the average serving of wine at one sitting may be 2.5 times larger than a standard serving.
The weight of the person has a direct effect on BAC. The more a person weighs the more water is in a person’s blood. The more water there is the more it will dilute the blood and make the BAC smaller.
It’s important to note that a standard drink, when estimated, is quite small. The amount of alcohol in a standard drink is based on the theoretical fluid ounces in a serving if it were exactly the same in strength as the average drink. In reality, the strength of the drinks depends on the manufacturer, the type of drink, and the bartender. However, regardless of the variations, the weight estimates give you an idea of how much you should have at a minimum to go over the legal limit. The more you weigh, the more likely you are to stay under the legal limit if you only consume the minimum based on our weight estimate for the legal limit.
Alcohol affects women differently than men. It is important to know that when drinking. Research shows that women have less of an enzyme that metabolizes alcohol in the body than men do. For this reason, women need to drink less alcohol than men in order to stay under the legal driving limit.
Exceptions and Special Cases
However, there are a few exceptions to the standard legal blood alcohol content (BAC) limit of 0.08 percent for adults. For example, individuals under the age of 21 are subject to a stricter BAC limit of 0.02 percent. This strict standard is intended to deter underage drinking and the dangers associated with it. Underage individuals found to be over this limit will be charged with underage drinking and driving, which can carry stiff penalties such as fines, license suspension, and even mandatory alcohol education programs.
There are also special standards in place for those who drive commercial motor vehicles. If you operate a commercial vehicle, the legal limit for your BAC is only 0.04 percent. Even one drink could mean you are over the legal limit.
But there are a few exceptions to the legal BAC limit that come into play in certain circumstances, such as when medical or mechanical emergencies arise . For example, if a driver causes an accident due to a mechanical issue—such as a busted tire—it is possible that his or her BAC might be incorrectly measured because the driver became impaired through the stress of the incident. To prevent the wrongful arrest of drivers involved in chemical spills, a separate standard exists for those who are required to have hazardous material endorsements on their driving permits. A chemical spill might cause the driver to be impaired due to the materials they are dealing with, not from substances like drugs and alcohol in their system.
Even if you are able to argue that your impairment was caused by stress from a mechanical breakdown or those hazardous materials rather than from alcohol, you still face severe charges that could cause you to lose your driving privileges even if you do win your case, and certainly if you lose it.
As you can see, Georgia’s standard legal alcohol level is not so cut and dry as it may seem at first glance. There are consequences to even being stopped if you’ve had a few drinks, let alone to actually getting arrested.
How Wisconsin Law Compares to Other States
Compared to most states, Wisconsin’s legal limit is in line with the national standard of .08. But in several of its neighboring states, and in others across the Midwest, driving under the influence is treated very differently. Wisconsin has much stricter DUAI laws than Minnesota, in which the legal limit is .08, but a .10 BAC is considered Level One, resulting in lesser penalties. Several other Midwest states have similar laws. State DUI agencies in South Dakota, North Dakota, Minnesota, Michigan and Missouri all say a .10 BAC is the Level One offense. All these states also have a .15 BAC Level Two, with penalties that are twice that of Level One offenses. However, in Wisconsin, the BAC of .10 falls into the nonexistant Level Three, which is similar to the Level Two offenses in neighboring states. But the penalties for Level Two are not as severe. Wisconsin attorneys note that it is a misnomer that DUIs at .10 BAC can be considered reduced or lesser charges here. As a result, the penalties for .10 BAC are: Wisconsin is known for having fewer impaired drivers than many other states: according to a comparison study by WalletHub, it rated 39 out of 50. Its neighboring states, too, have low instances of drunk driving accidents.
Wisconsin Driver Safety Tips
It is not uncommon for an area that seems to be in the country to have homes spread out a little and significantly less people living in the areas. However, there are some things that everyone should know whether they live near stores or don’t. If you plan on going out and drinking, there are a few things that most everyone can agree upon as being safe or a great idea:
- Always use a ride service if you have been drinking. For example, if an individual and their partner have been at a bar drinking but they get separated and the person wants to make sure they get home, it is always a great idea to use a ride service to make sure that you never drink and drive. It some areas like Milwaukee , having another person drive you home would not be recommended due to the fact that you most likely wouldn’t be able to make it back in time for your car if you plan on going back out the next night.
- Always have a designated driver. Much like the first point, if you and your friends have been at a bar and you all plan on going home together, it is always a great idea to have a designated driver who will make sure everyone gets home safely. The most important thing about this situation is to make sure that everyone gets home safely.
- Take care of each other. If you are out with friends and they have been drinking, you should always make sure that you are taking care of them and making sure that they are as safe as possible.