Breath Test Lawyer

WEBVTT 00:00:08.086 --> 00:00:10.256 I'm Andrew Mishlove from Mishlove & Stuckert. 00:00:10.257 --> 00:00:13.600 We are Wisconsin's only true specialists in drunk driving defense. 00:00:13.957 --> 00:00:17.071 I'm going to talk for a minute or two about breath testing. 00:00:17.700 --> 00:00:20.871 There are two different kinds of breath tests used in Wisconsin. 00:00:21.329 --> 00:00:24.028 The first one is a small-handheld device. 00:00:24.029 --> 00:00:25.413 We have one here in the office. 00:00:25.414 --> 00:00:27.614 I bought it on eBay for $300. 00:00:27.986 --> 00:00:30.071 They're a couple of thousand dollars new. 00:00:30.257 --> 00:00:32.586 Police officers use those in the field. 00:00:34.400 --> 00:00:36.085 They keep them in their squad car, 00:00:36.086 --> 00:00:40.686 and they use them just to confirm that they're making a good arrest. 00:00:42.114 --> 00:00:46.038 Typically, the results of these handheld breath test devices 00:00:46.300 --> 00:00:48.313 are not admissible in court in Wisconsin. 00:00:48.314 --> 00:00:49.643 There's exceptions to that. 00:00:49.771 --> 00:00:52.457 But for the most part, these are not official tests. 00:00:53.771 --> 00:00:55.670 If a person is arrested for drunk driving 00:00:55.671 --> 00:00:59.428 and taken to the police station, the police are going to ask for, 00:00:59.429 --> 00:01:02.570 typically, a blood test or a breath test 00:01:02.571 --> 00:01:06.629 on the official desktop, big units in the police station. 00:01:07.614 --> 00:01:09.085 Now, you might think these big units 00:01:09.086 --> 00:01:12.071 are way more sophisticated than the handheld device, 00:01:12.429 --> 00:01:16.900 and they do have some more protections in them to ensure an accurate test. 00:01:17.386 --> 00:01:21.499 But the actual testing part of it is the exact same component. 00:01:21.500 --> 00:01:26.029 It's a thin piece of metal about the size of a dime, 00:01:27.071 --> 00:01:31.429 and it's called a fuel cell, and that's actually what does the testing? 00:01:31.786 --> 00:01:34.299 Well, there's a lot of things that can go wrong with breath testing. 00:01:34.300 --> 00:01:38.142 Breath testing is subject to something called radio frequency interference, 00:01:38.143 --> 00:01:41.928 which means that if the police are using their radios or if there's a cell phone 00:01:41.929 --> 00:01:44.814 being used in proximity to the test, it can go wrong. 00:01:45.043 --> 00:01:47.928 You need to have, to get an accurate breath test, 00:01:47.929 --> 00:01:49.400 a good breath sample. 00:01:49.743 --> 00:01:52.542 And oftentimes what we see is that people 00:01:52.543 --> 00:01:57.000 will have belched or burped or have something in their mouth 00:01:57.514 --> 00:02:01.486 that can contaminate a breath sample before it into the breath test machine. 00:02:01.857 --> 00:02:04.900 So just because you have a test result 00:02:05.571 --> 00:02:10.757 that says you are over the legal limit, that's not the end of the story. 00:02:11.171 --> 00:02:12.913 This is the United States of America, 00:02:12.914 --> 00:02:17.128 and we don't have guilt by machine here yet, and I hope we never do. 00:02:17.129 --> 00:02:18.857 We will always fight against that. 00:02:19.200 --> 00:02:21.300 If you're accused of drunk and driving, 00:02:21.657 --> 00:02:24.858 and you need to have your case evaluated by someone 00:02:24.859 --> 00:02:28.143 with real expertise, call Mishlove & Stuckert. 00:02:28.271 --> 00:02:31.429 We are the only certified specialists in Wisconsin.