Melowski & Associates, LLC
Your comfort level starts here. Get to know us.
Wisconsin’s Most Successful Drunk Driving Defense Firm Today!

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

No Comments

Leave a comment
Comment Information
Start now. Send your request.

Tell Us About Your Case Fill out the form and we’ll be in touch with you shortly, or call us directly at (920) 299-5074.

Bold labels are required.

Contact Information

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.


Privacy Policy

Melowski & Associates, LLC
524 South Pier Drive
Sheboygan, WI 53081

Phone: 920-299-5074
Fax: 920-395-2443
Sheboygan Law Office Map

  • VISA
  • Master Card
  • Discover Network
  • American Express