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What if I Fail a Breath or Blood Alcohol Test?

Next steps to take if you fail a blood or breath 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 challenging.

Fortunately, an expert OWI attorney can help you fight this aspect of the case.

If the test operator is unqualified, for example, your breath test could be wrong. Radio transmissions can interfere with these machines, as can other issues such as mouth alcohol contamination or breath temperature variation.

Blood tests are not fool-proof either. Unqualified medical personnel might have handled the blood draw. If the seal on the blood vial was past its expiration date, that might cause a false high test result. Improper storage and handling of the blood or poor testing machinery could cause a false result.

One of the laboratories that tests blood in Wisconsin has a history of a failed proficiency testing, including a 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.

There is something that you can do.

Just like other medical tests, breath and blood alcohol tests can fail. Many things can go wrong; both tests have a long history of giving false high readings.

That is why Mishlove and Stuckert, Attorneys at Law have become the first law firm in Wisconsin with the ability to reprocess your results.

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

Wisconsin’s Only True OWI DUI Defense Specialist

Andrew Mishlove is Wisconsin’s nationally acclaimed DUI defense lawyer. 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 only true OWI defense specialist, he is one of less than twenty attorneys in America who actually are on the board itself! See for details.

No other Wisconsin lawyer has Andrew Mishlove’s skill, training, and decades of experience with DUI OWI cases; and no other law firm surpasses Mishlove and Stuckert, LLC, in OWI DUI defense.  It’s easy and free to have your case evaluated to see if Andrew Mishlove 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.