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Attacking the accuracy of a breath test in Wisconsin


Wisconsin residents who are faced with DUI charges may feel like they have an uphill battle. This may be the case, but the fact that the state has evidence against an individual should not paralyze them into inaction. In fact, there may be instances where the state's evidence is so flawed that, if properly objected to, it should be inadmissible in court.

This is particularly true when it comes to breath test results. Though the results of a breathalyzer test may seem damning, they may be inaccurate for a variety of reasons. One reason is that the breathalyzer machine may have been improperly maintained and calibrated, putting all tests at risk of inaccurate reading results.

Breath test machines must be routinely checked for accuracy, and those tasked with administering breath tests must be certified to do so. It is also worth noting that the individual administering the test typically must ensure that the accused individual does not burp, vomit, eat, or smoke for a period of time prior to submitting to the test.

When dealing with this issue, it may be helpful to have the assistance of a skilled criminal defense attorney. An experienced lawyer can subpoena maintenance records to check for accuracy issues, and he or she can cross-examine the administering officer as to testing procedures and prod for errors and inconsistencies. The burden of proof falls on the state. Therefore, those facing drunk driving allegations have a lot of ways to attack a prosecutor's case, but it takes preparation, knowledge of the law, and confidence.

Source: FindLaw, "Breathalyzer Calibration," accessed on July 4, 2016

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