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.
So what's the best way to put on a defense based on an inaccurate breath test result? It really depends on the circumstances. At Melowski & Associates, we make sure to carefully analyze every case to ensure that we pursue every defense option available to our clients. We can question how an officer conducted a breath test, how the machine was maintained, and obtain documentation indicating how frequently the machine in question was calibrated, looking for inconsistencies.
There are also rules of evidence that may come into play, such as chain of custody. If the state cannot prove that a blood sample, for example, passed from collection to testing in an uncompromised condition, then that evidence may be disallowed from use against a defendant. There are many ways to develop a strong legal defense, but choosing the best strategy requires knowledge of the law and rules of evidence, and how to use them to one's advantage.
Our law firm is dedicated to helping Wisconsin residents fight back against aggressive prosecutors seeking drunk driving convictions. With years of experience on our side and a track record of favorable results, we confidently represent our clients, advising them of their options and aggressively acting on their behalf.