Responding to Breath Test Evidence

Flashing lights in one's rearview mirror generally indicate that a Wisconsin resident is about to have an encounter with a police officer. Police officers throughout the state make traffic stops for a variety of reasons, such as speeding, distracted driving and suspected drunk driving. If you are stopped and suspected of operating a vehicle while having alcohol in your system, then you may be subjected to different tests to assess your condition.

One test that officers may impose upon you is a breathalyzer test. A breathalyzer test measures the concentration of alcohol in your respiration and determines if that concentration is in excess of the level permissible under state law. If your breath appears to show that you have been drinking, then you might face criminal charges that carry significant penalties.

Some drivers try to avoid DUI charges by refusing take a breathalyzer test, but refusal creates problems on its own. As has been discussed on this Wisconsin DUI defense law blog, Wisconsin has adopted an implied consent law. Drivers on the state's roads implicitly agree to submit to breathalyzers when they drive within the state's borders and refusal to do so can result in the loss of your license and other consequences.

However, it is up to each driver to determine if he is willing to provide breath for analysis in a breathalyzer test. But even if you submit to a breathalyzer test that indicates that you are intoxicated, you should know that you have rights to fight any charges that may be lodged against you. Evidence collected from a breathalyzer test may be refuted, or a driver's refusal to take a breathalyzer test may be explained in a criminal trial. The attorneys of Melowski & Associates help clients to understand all their legal options and the strategies that can help them when they face DUI charges.