In Wisconsin, there is a legal presumption that a driver is intoxicated if they have a blood alcohol concentration (BAC) above .08 percent. If pulled over under the suspicion of Wisconsin OWI, an officer will often subject a driver to a breathalyzer test to get an estimate of the drivers BAC.
Breathalyzers require the driver to blow into an instrument that will register a BAC level, providing authorities with strong evidence that a driver is driving under the influence of alcohol. However, they are not always accurate.
In fact, police are required to demonstrate that a testing device produces reliable results, in other words, that the breathalyzer device is working properly at the time of the test. It is also important that the officer knows what they are doing when administering the test.
Challenges to Breathalyzer Tests
Challenges to breathalyzer tests not only call into question whether a breathalyzer device is properly calibrated and maintained, but also whether the officer was trained on the specific device or performed the test properly.
Results are easily skewed whether it is a faulty reading on an improperly calibrated device or an officer doesn’t know or follow specific guidelines for administering the test. Digging into the records to ensure that maintenance has been performed or training new officers took place are strategies an experienced Wisconsin OWI lawyer may pursue to have Wisconsin OWI 1st or subsequent offense charges dismissed or reduced.
Contact a Wisconsin OWI Lawyer for Help
When you are arrested for Wisconsin OWI, it is important to seek help from a DUI attorney with decades of experience challenging the results of breathalyzer tests. Contact the Waukesha drunk driving arrest defense lawyers of Andrew C. Ladd for immediate assistance at 262-542-3900.