If law enforcement is under the suspicion you have been driving under the influence of alcohol during a traffic stop then blood, breath or urine testing may be requested. Due to Wisconsin’s implied consent law, you are required to submit to chemical testing. A refusal to do so could result in additional penalties on top of ones you may receive as a result of a DUI/OWI conviction.
However, chemical test results can prove inaccurate. If you are charged with an OWI, you should retain experienced legal counsel. The right lawyer will aid you in effectively challenging the result of your blood, breath or urine test. The help of an attorney could spell out the difference between a criminal record and your charges being dismissed.
What Could Cause a Chemical Testing Result Inaccuracy?
Blood Testing Errors
Blood tests are considered to be the most accurate testing method when determining blood alcohol content. However, there are still multiple possible errors that can occur during their utilization. If blood samples are improperly preserved, or are left sitting for a long period of time, they may decompose or coagulate. Decomposition or coagulation could very well lead to a test result suggesting an inaccurately high blood alcohol content.
Failed laboratory practices such as records not being up to date or organizational procedures not being followed could lead to tampered test results as well.
Urine Testing Errors
Urine testing is considered to be the least inaccurate testing method when determining a person’s blood alcohol content. Due to this fact, urine tests are rarely utilized. However, as urine tests use laboratory methods similar to ones used in blood sample analyzation, the same laboratory errors are possible. In order to avoid testing errors, it must be ensured that samples are stored and transported according to proper procedures. If appropriate lab procedures are not followed, then inaccuracies will result.
Breath Testing Errors
One of the numerous ways in which an inaccurate breathalyzer test may surface is due to residual mouth alcohol. What is residual mouth alcohol? When you use certain legal substances that contain alcohol such as mouthwashes, certain medicines, cough syrups and breath sprays, alcohol will remain in the mouth tissue. Submitting to a breathalyzer test after using any of these substances can lead to a blood alcohol content reading that is inaccurately high. Additionally, if a person throws up, or even burps before taking a breathalyzer test, their BAC will be elevated.
Calibration procedures not being followed is another possible cause of an inaccurate breathalyzer test result. Law enforcement is required to frequently calibrate their breathalyzer device using air with a known amount of alcohol content. Failure to do so could easily result in an inaccurate reading.
Challenge Your DUI/OWI Chemical Test Results
Chemical test results surely do not offer consistent reliability. If your test results suggest your BAC was over the legal limit, contacting a reputable criminal defense attorney is paramount. With over a decade of OWI/DUI trial experience in Wisconsin and Illinois, Wyosnick Legal, LLC has defended OWI/DUI cases of all levels of severity and complexity. Attorney Nils Wyosnick has an extensive track record of making informed and reasoned decisions pertaining to his client’s OWI/DUI cases and attaining the outcomes they deserve. Contact us: (608)-230-2413 or fill out our online intake form.