Wisconsin Criminal Defense
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Wisconsin OWI Case Evaluation

Wisconsin OWI Podcasts

Question: What Are Some of the Ways to Contest Breath Test Results in Wisconsin?

Answer: There are so many ways to contest a breath test result. My favorite is to get the breath test results suppressed. So, if you were stopped for an invalid reason; if there wasn't probable cause for the arrest; if there was any kind of problem with police procedure; that test result can get suppressed and that means it can't be used against you in court. Other things that can be done: there's something called the IntoxNet documentation which are the maintenance records that Wisconsin keeps for all of their breath machines throughout the state. Those will show if the machine has been taken out for service, if there have been other problems, other errors that could potentially contribute to the machine's effectiveness. Other ways to contest the breath test machine are looking to see whether or not there is possible residual mouth alcohol; whether or not the 20-minute observation time was followed. There are many, many different defenses to breath tests in Wisconsin.

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