Legal Question in Criminal Law in Wisconsin

OWI Drunk Driving, .05 Test Result

I assume that you meant to ask about driving while intoxicated rather than drinking while intoxicated. A test result of .05 can still support a drunk (or drugged) driving charge if there is other evidence of impairment. Such evidence can include bad driving, loss of coordination, drunken speech/behavior, etc. Although experienced drinkers could be relatively alert at this level, a person consuming alcohol for the first time could still be in fairly bad shape. Test results which are below the .08 standard cannot sustain a conviction under the second ticket which is usually issued--the "per se" prohibited blood alcohol content charge (abbreviated as "BAC.08"). However, a conviction under either of these two charges (OWI or BAC.08) results in the same sentence. An experienced drunk driving attorney will often be able to get a reduction to a non-drunk driving type charge with this test result. Drugged driving, of course, does not require any alcohol in a test result. Rather, any detectible amount of THC (marijuana), narcotics, or prescription sedative appearing in a test can result in a conviction, regardless whether or not the driver is impairmed.