Breath Test Lawyer


Breathalyzers are used in almost all drunk driving arrests, but outside factors can easily influence the result. Say the person under arrest has something in their mouth or uses a certain medication, or perhaps the arresting officer is using their radio as they're conducting the rest. All of these can create a false positive—let the attorneys at Mishlove and Stuckert investigate the validity of your breath test.

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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.

Andrew Mishlove and Lauren Stuckert

Mishlove and Stuckert, LLC Attorneys at Law

Mishlove & Stuckert, LLC Attorneys at Law has been rated the #1 OWI/DUI law firm in the state by Wisconsin Law Journal Reader Rankings. Our OWI/DUI specialists have been highly rated by organizations including: 

  • Avvo™
  • Super Lawyers
  • Martindale-Hubbell 
  • Better Business Bureau 

To speak with one of our board-certified OWI/DUI defense specialists, request a consultation online or call us at (414) 332-3499.

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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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