Legal Question in Traffic Law in Wisconsin

OWI DUI, Drunk Driving, the Meaning of .10 BAC vs .08 Blood Alcohol Content

Legally, there is not much of a difference between .10 and .08 BAC, since WI, like most states, reduced the blood alcohol content for presumable guilt from .10% to .08% several years ago. Hence, a reading of .10 places the driver 25% above this .08 minimum and therefore gives the government 25% more evidence with which to convict them of OWI 1st than the minimum which is usually needed. That difference results in only a slightly harsher sentence than a .08 reading: Readings below a .10 in WI for the 1st offense Often lead to suspension of a person's drivers license rather than revocation--making reinstatement easier for a .08 BAC convicted driver. Readings below a .10 also do not usually require an expensive drug and alcohol assessment with follow-up counseling, unlike readings of .10 or more which do require it if the defendant ever wants to get reinstate a driver�s license nationwide. If you are asking what these readings measure, it is the percentage of a person's whole blood which is alcohol. For example, .10% means that one tenth of one percent of a person�s blood is alcohol (or, actually, ethanol). I believe that this is measured by volume as opposed to by weight, but that distinction would probably not matter much, since water and ethanol have similar specific gravity. Readings around .15 BAC can often cause alcohol poisoning, and readings nearing one half of one percent(.50%) would kill most people (even alcoholics) without prompt medical care. Therefore, I will freely give the following legal advice: do not drink and drive and never drink enough to put yourself near any of these levels. Two large martinis, consumed quickly, can produce readings near .10 for some 200+ pound persons, depending upon factors such as food in the stomach and individual differences in alcohol absorption rates. I have personally observed such test results at continuing legal education training conferences involving drinking subjects who are periodically tested on official state of WI equipment run by sober DOT technicians. Of course, this means that one large martini for a 100 pound person (weighing half of the 200 pound example subject) which is consumed quickly, can put them near the same .10 BAC reading. The good news for either of these folks, however, is that several hours without drinking more alcohol would probably put either of them below .08, since alcohol is often eliminated from the body at the rate of .015% per hour. Please note that for repeat offenders or minors, the level required for a conviction becomes far lower�as little as .02%. Virtually any trace of detectable alcohol is therefore enough to convict them.