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
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
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
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.