Breath & Blood Tests

Breath & Blood Tests

Milwaukee OWI Attorney

If you have been pulled over and arrested for suspicion of operating while intoxicated (OWI) in Wisconsin, you may have been instructed to submit to chemical tests – breath and blood tests in particular – while back at the station. You may have even been shown a number on a machine that reportedly displayed your blood alcohol concentration (BAC) level with a computer’s precision. If it was over the legal limit of 0.08 for the average motorist, are you out of luck?

At the Law Offices of Christopher J. Cherella, we are here to tell you that you still have a chance of defending your freedoms and your privilege to drive. With the help of our Milwaukee criminal defense lawyer, Mr. Cherella, there may be a way to construct a solid defensive case on your behalf, regardless of the evidence the prosecution may claim to have against you. Call 414.882.8382 at your earliest convenience to set up a free initial consultation. You must act quickly – Wisconsin State legislation only gives you 10 days to react to contest your OWI charges!

Why You Should Take a Breath or Blood Test

You may be aware that you have the right to refuse a field sobriety test after you have been pulled over for an OWI without facing immediately consequences. While this is true, it is important not to mix it up with refusing a chemical test, such as a breath, blood, or urine analysis. While you may refuse to take a chemical test, there will assuredly be instant and harsh administrative penalties due to the “implied consent” law that states you agree to chemical tests whenever you drive your car on a public road.

If you refuse to take a chemical test, penalties can include:

  • 1 to 3 year license revocation
  • $300 fine (not dependent on conviction)
  • Mandatory ignition interlock device installation
  • OWI driver’s training classes

Even though it may go against most of what you heard about providing evidence against yourself and what not to do when arrested, you will want to take chemical tests in nearly all scenarios. The administrative penalties used if you refuse cannot be challenged by a lawyer because they are not criminal punishments stemming from the criminal justice system.

How We Can Challenge Your Breath & Blood Test Result

There is no such thing as perfection, not even within a machine maintained and owned by the police force. The chemical analysis machine used in your breath and blood test can display inaccurate results if it is not properly calibrated.

In blood tests, law enforcement agents must be extremely careful when conducting analysis. Blood samples are fragile and sensitive to environmental changes. For example, if a blood sample is left out of cold storage for too long, or is frozen for too long, it can become contaminated. A contaminated blood sample is likely to be usable in a chemical test and report higher BAC levels as the blood cells deteriorate but the ethanol remains the same.

Get 20+ Years of Legal Experience

The last thing the Milwaukee Police Department is going to expect is for you to know your legal rights after being arrested for an OWI violation. When you come prepared to defend yourself, backed by the power and knowledge of our Milwaukee OWI attorney, you can greatly increase your chances at securing a beneficial outcome to your case. Once again, there is a 10 day limitation to take action after an OWI arrest. Do not hesitate any longer. Contact us today.

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