After being arrested for a Wisconsin DUI, an officer has a choice of chemical tests: A Breath Test or a Blood Test.  For first offense drunk driving charges, police officers typically choose to perform a breath test.  The Wisconsin Drunk Driving Breath Test Machine is called the EC/IR II.  Basically, the machine requires two breath samples and then prints out a results page indicating the subject’s blood alcohol concentration.  Understanding the EC/IR II and how it works is vital to defending against and attacking breath test results. Wisconsin DUI Defense Attorney Nathan Dineen has studied the Wisconsin Breath Test Machine extensively and has attended numerous hands-on seminars related to the machines internal workings.  Attorney Dineen understands not only the proper use of Breathalyzers and Intoxilyzer equipment (EC/IR II) but how to defend and attack their results.

Fighting Wisconsin Breath Test Results

An experienced DUI Defense attorney will understand the required certifications of all EC/IR II equipment, including calibration reports, maintenance schedules, knowledge of the mechanics of the equipment, and consider elements that are beyond the control of either the driver or the officer.

Note: Hiring an attorney that doesn’t know the name of the machine is a warning sign!

Get the Breath Test Machine Records

A Wisconsin DUI Defense attorney will request the records of the EC/IR II equipment that was used to administer the breath test of each driver.  Where the proper procedures followed? When was the last calibration performed? When the EC/IR II equipment has a calibration check, the equipment is tested to make sure it is accurately measuring samples.  Machine records will also show test results.  If a machine has perfect records consistently, there may be an issue with the machine or it may have faulty records.  Obtaining the video of the breath test administration is also vital. Police officers must be certified to administer the breath test. Did they follow the proper procedure? These are all considerations that an experienced Wisconsin DUI Defense Attorney will look at.

Wisconsin Breath Test Error Rates

All machines, including the almighty EC/IR II breath test machine have error rates.  A trained DUI Defense attorney has the ability to demonstrate the margin of error with the results of the EC/IR II equipment.  This also includes the potential that the driver’s body may still be absorbing the alcohol into the blood stream, which would be cause for a higher BAC.  Everything is analyzed to determine the validity of your breath test sample.

The Wisconsin DUI Defense Attorney You Need

Defending a drunk driving charge is serious. It is no longer a part-time job for attorneys that practice five different areas of law.  If you are serious about fighting your DUI charge, contact Attorney Nathan J. Dineen of Vanden Heuvel & Dineen, S.C. at 1-877-384-6800 or complete on DUI Case Review on-line.  Attorney Dineen solely practice Wisconsin DUI Defense and has the knowledge and training you need to defend your Wisconsin DUI/OWI charge.