DUI of drugs is especially hard to prove. The police and prosecutors rely on chemical tests as one of the most reliable types of evidence for these charges. However, just because they are seen as reliable does not mean they are without error. Here’s what you should know before taking a chemical test.
Implied Consent Law in Wisconsin
Wisconsin follows implied consent laws which means that when you drive on the roads, you automatically consent to take chemical tests when asked by law enforcement. This includes breathalyzer tests, blood tests, and urine tests. If you refuse, under implied consent laws, you can be punished. This is done by suspending your license for an extended period of time simply for refusal to take a test.
When Chemical Tests are Inaccurate
Typically, you will not take a breath test for suspected drugged driving. This is because a breathalyzer cannot pick up on illicit substances like marijuana. Although, you may be asked to take one to see if there is reason to believe you have alcohol and drugs in your system.
Breathalyzer results can be skewed by multiple factors, including:
- Mouth alcohol
- Medical conditions that affect your digestive system
- Improper test administration
- Faulty devices
Blood tests are known to be more accurate and are more commonly used in DUI of drugs cases. However, there are still ways these tests could be inaccurate. First, if the blood is stored incorrectly, it may ferment and create a higher alcohol percentage. Additionally, lab mix-ups can happen. In these cases, your sample may have been accidentally swapped with someone else’s or contaminated.
When it comes to urine tests, false positives are possible.
This could occur due to:
- Secondhand smoke
- Common medicines like ibuprofen
Drug DUI Defense in Sheboygan
If you have recently been charged with driving under the influence of drugs or alcohol, contact our team at Melowski & Singh, LLC. We focus our practice on DUI, which gives us a unique, in-depth knowledge of all types of impaired driving cases. Get started by filling out our online form or calling our firm at (920) 294-1414.