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Blood Alcohol Tests Archives

How are blood alcohol tests taken?

Wisconsin residents who are accused of drunk driving may be subjected to blood alcohol tests. These tests, often involving the taking of a blood sample, are a way for law enforcement to gather evidence against a driver who has been alleged to be driving while drunk. Oftentimes, the results of these tests are entered into evidence during criminal trials, thereby putting an individual at risk of being convicted and being subjected to serious penalties.

Do I have defense options if I tested above the legal limit?

As this blog has discussed in previous posts, by driving in the state of Wisconsin you have given implied consent for your blood, breath or urine to be collected for purposes of alcohol and drug testing in the event that you are accused of driving under the influence. Refusing to give a sample can result in revocation of your driver's license and other penalties, which may cause you significant hardship. However, submitting to the test may also result in serious penalties. But if you submit to a test that shows that your blood-alcohol content is above the legal limit, are you hopeless in defending yourself?

Wisconsin breath test attorneys who get results


Prosecutors in Wisconsin often rely on breath test results in order to obtain DUI convictions. However, as we discussed last week in this blog, these tests are not always accurate. In fact, an improperly maintained or calibrated breath test machine can leave you facing unwarranted criminal charges based on bogus test results. If this happens and you don't present a strong criminal defense, then you could be in for severe penalties, including jail, fines, license suspension, and license revocation.

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.

Breathalyzer calibration can affect drunk driving arrest outcomes


If a machine is not properly calibrated then it may not provide accurate readings of the units it is intended to measure. For example, if a Chicago driver's speedometer is not properly calibrated, then he may actually be driving faster or slower than the readout states. Thus, many machines require regular calibration to ensure that they are operating properly, including those machines that police departments use to measure the content of alcohol in people's systems.

How can calibration affect the results of a breathalyzer test?


When a Wisconsin resident blows into a breathalyzer device for the purposes of establishing the level of alcohol in the person's blood, the person is trusting that the machine's reading will be fair and accurate. This can be misplaced trust when breathalyzers fail or are improperly maintained. As a result of an inaccurate breathalyzer reading, people may find themselves facing drunk driving charges even if they was sober at the time of their breathalyzer testing.

Why does a person's BAC go up after drinking?


When a Sheboygan resident consumes an alcoholic beverage the alcohol in it gets into the person's bloodstream very quickly. Unlike food which must pass through various organ systems before it is filtered throughout a person's body, alcohol can pass into a person's bloodstream through the stomach. Due to the rapid intake of alcohol into a person's blood, the impact of alcohol can affect a person soon after the individual has finished consuming a drink.

Blood alcohol tests and issues of personal privacy


Is an involuntary blood draw for the purposes of performing blood alcohol tests a violation of a person's Fourth Amendment right to avoid unreasonable searches and seizures? American citizens, including those who reside in Wisconsin, are guaranteed this protection by the mentioned amendment to the United States Constitution. However, law enforcement offices all across the country often test individuals against their wills for alcohol and other substances when those individuals are suspected of drunk or drugged driving. This post will look at some of the issues behind this debate.

Passing a breathalyzer doesn't always avoid DUI conviction


As several prior posts on this Wisconsin DUI defense law blog have discussed, a breathalyzer test measures the concentration of alcohol that a person has in his system at the time he blows his breath into the testing device. A breathalyzer reading at or in excess of .08 generally indicates an impermissible level of alcohol in a driver's body. However, a reading below .08 does not guarantee that a driver will avoid arrest on DUI or another drunk driving-related charge.

Blood tests can vary based on the unique qualities of drivers


Residents of Sheboygan, like people who live throughout the rest of the state and country, often enjoy the pastime of people-watching. A careful observer of people will often notice the big and small similarities and differences that exist between individuals within a single community. What they wear, how tall they might be, and how they carry themselves are just a few of the external qualities that people-watchers may note in others.

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524 South Pier Drive
Sheboygan, WI 53081

Phone: 920-299-5074
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