Driving while intoxicated is considered a serious offense in Wisconsin, and it may be punishable by a fine or imprisonment. Drivers who are suspected of being intoxicated may have to undergo field sobriety tests, breath tests or blood-alcohol tests so that their intoxication levels can be determined. However, even the most advanced intoxication tests can be fallible.
According to police, a 23-year-old woman in Waukesha bit the arm of a police officer while she was undergoing a blood test after she was arrested for DWI. The woman was reportedly pulled over by a police officer at 12:20 a.m. on Feb. 1 because the brake light on her vehicle was burned out.
The officer claimed that she appeared intoxicated and that she had trouble maintaining her balance after she got out of the car. A breath test indicated that her blood-alcohol level was .134 percent. After that, she was arrested and sent to a hospital for a blood test. The official complaint alleges that she became combative at the hospital and ended up biting an officer who tried to restrain her.
The woman was charged with second-offense driving while intoxicated, driving on a revoked license, resisting and causing harm to a police officer and battery on an officer. If she is convicted of the felony charges, she will face a maximum prison term of six years. She could spend more time in jail if she is found guilty of the other charges.
Those who are facing DUI charges in Wisconsin should be aware that human error and other factors can affect the accuracy of intoxication tests. If any inconsistencies can be proven in such tests, then it is possible that the evidence can be suppressed from the court record. In any case, it is important to explore every avenue of defense to mitigate the possible negative consequences for a defendant.
Source: Waukesha Patch, "Waukesha Woman Charged With Biting Cop's Arm," Sarah Millard, Feb. 7, 2013