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What if I Fail a Breath
or Blood Alcohol Test?


One of the most common questions from those facing drunk driving charges in Wisconsin is what to do if you failed a breath or blood test. Many people, and unfortunately many lawyers consider the chemical test result to be beyond challenge.  The truth is that breath and blood tests can be wrong.

We know how to challenge breath and blood tests. In fact, we spend a great deal of our time teaching other lawyers the science and law of chemical testing.

If the test operator is unqualified, for example, the breath test could be wrong. Radio or cell phone transmissions, for example,  can interfere with breath test machines.  So can mouth alcohol contamination from reflux or belching.  Even a breath temperature or pressure variation can change a breath test reading.

Blood tests are not fool-proof either. Many things can cause a false blood result. An expert attorney knows how to look for these things, such as: an unqualified person doing the blood draw; unsterile conditions during the blood draw;  a seal on the blood vial past its expiration date; improper storage and handling of the blood;  poor or malfunctioning testing machinery; and many more possible sources or laboratory error.

One of the laboratories that tests blood in Wisconsin has a history of a failed proficiency testing, including a failure due to false high test results! This is the same laboratory whose testing results in tens of thousands of unchallenged DUI OWI cases every year.

Just like other medical tests, breath and blood alcohol tests can fail. But there is something that you can do!

That is why Mishlove and Stuckert, LLC,  has become the first law firm in Wisconsin, and one of only a few law firms in the world,  with the ability to reprocess blood test results.  That is, we actually do computerized diagnostic retesting of blood test results, right in our office.

Our office has the knowledge, the equipment and the software to reprocess any blood alcohol analysis done at the Wisconsin State Hygiene Lab.

Wisconsin’s Only True OWI DUI Defense Specialists.  Call today or submit a request for a free consultation.

Andrew Mishlove and Lauren Stukert are Wisconsin’s nationally acclaimed DUI defense lawyers. Under Wisconsin law, only a lawyer who is board-certified by a board that is accredited by the American Bar Association can legally call himself a “specialist.” Andrew Mishlove is not only Wisconsin’s first true OWI defense specialist, he is one of less than twenty attorneys in America who actually are on the board itself! See the National College for DUI Defense for details.  Lauren Stuckert is the nation's youngest certified OWI defense specialist, and the only other true specialist in the state.

No other Wisconsin law firm has Mishlove and Stuckert's  skill, training, and decades of experience with DUI OWI cases. No law firm is more committed to listening to you, hearing your story, and fighting to protect your family and yourself.  It’s easy and free to have your case evaluated to see we might be able to help you.

Call 877-DUI DREW or submit an online case evaluation request– even if you failed a blood or breath test.

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"Mr. Mishlove was worth every penny and then some. I would consider him the Michelangelo of the DUI defense world. He is professional, dedicated, and pours his heart into his job. I would give him 10 stars if I could."

Ronald S.

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Milwaukee Office

4425 N Port Washington Rd
Ste 110
Milwaukee, WI 53212

Open Today 24 hours

Oshkosh Office

125 Church Ave
Oshkosh, WI 54901

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333 W Paradise Dr
West Bend, WI 53095

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1535 E Racine Ave
Waukesha, WI 53187

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