Terrible Secrets of the Breathalyzer: Does it Really Work?

 

After being pulled over on suspicion of drunk driving in Wisconsin, the police officer will ask for a blood or breath sample to determine your Breath Alcohol Concentration (BrAC).  Law enforcement officers usually prefer a breath test sample because it generates a quick result.  How do you know this result is accurate?  What factors may have produced a false positive or a higher reading?  By hiring Wisconsin DUI Defense Attorney Nathan J. Dineen, these results can be argued.

The Breathalyzer Detects Alcohol, Right?

Of course the breath test machine, also known as an EC/IR II machine is designed to detect alcohol… There are many types of alcohol other than the alcohol you drink.  Ethanol is the drinking alcohol, but the EC/IR II breath test machine will also detect many other types of alcohol.  Long or recent exposure to products containing alcohol can skew your breath test results.

Will Naturally Occurring Bodily Functions Affect the EC/IR II Results?

In short, yes.  If a person belches, has hiccups, or heartburn/indigestion around the time of taking the Breathalyzer, the results could produce a higher BrAC.   This is due to the gases in the stomach being released through the mouth.  When meeting with Wisconsin DUI Defense Attorney Nathan J. Dineen, be sure to make note of any bodily functions that may have occurred during the breath test.

Breathing into the Breath Test Machine

Prior to breathing into the EC/IR II, you will inhale so you are able to give decent breath sample.  The amount of time a person holds their breath will affect the results.  Breathing too fast or too slow will skew the results.  And there will be a difference in the results depending on whether a person normally breathes through their mouth or their nose.

Will Temperature Make a Difference for the Breathalyzer?

The temperature of the weather and the body have an effect BrAC.  If a person’s body temperature is out of normal range, breath test results may differ.  This could result with receiving a DUI for a misrepresented breath test result.

The Effects of Mouth Alcohol on the Breath Test Machine

Mouth alcohol is when a small amount of alcohol stays in the mouth.  This can happen to a person who wears dentures or had recent dental work.  The mouth alcohol will raise the BrAC results.

Hire Top Rated Wisconsin DUI Defense Attorney

If you want the best defense against your Wisconsin DUI, hire Wisconsin DUI Defense Attorney Nathan J. Dineen.  Attorney Dineen aggressively defends his client to get the best possible outcome.  If you believe your breath test results are skewed, contact Attorney Nathan J. Dineen at 877-384-6800 for a Free Case Review.

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5 Things to Avoid When Pulled Over for a Wisconsin OWI

 

When a police officer pulls you over, even for a minor traffic violation, the experience can be overwhelming.  When you have consumed some alcoholic beverages prior to getting behind the wheel, the situation can be nerve-wracking.   Whether you enjoyed “Happy Hour” with a few co-workers, or had a couple drinks on a dinner date, getting behind the wheel may lead to a Wisconsin OWI.  If you are pulled over on suspicion of driving drunk, do you know the protocol to follow?

Do Not Exit the Vehicle Prior to Being Asked on Suspicion of Drunk Driving

After you see the flashing red and blue lights of a police officer’s squad car, signal, pull over, and remain in the vehicle.  Be sure to put the car in park, turn off the vehicle, and turn on the interior lights.  Have your license, insurance, and registration readily available.  Have your hands on the steering wheel when the police officer approaches your vehicle.  Unless the officer asks you to step out of your vehicle, remain seated and inside your vehicle.  Avoid fleeing from the scene, as this will add additional charges and cost you more in the long run.

Avoid Talking Excessively to Try to Get Out of a Wisconsin DUI

Don’t be rude and uncooperative by not answering the officer’ questions, but keep your answer short and to the point.  You don’t want to give a whole, detailed story about the events of your day.  Instead, politely tell the officer you prefer not to answer or that you have nothing to say.  Be sure to appropriately address the officer so your statements do not come off rude or aggressive.  If the officer becomes angry, remain calm and politely decline to respond to any questions.  Remember, a simple answer such as “dinner with friends” will lead the officer to assume you consumed drinks with dinner.  Avoid talking more than necessary.

Avoid a Refusal Charge with Your Wisconsin OWI

A police officer will request a blood or breath test, which you have an option to take.  Do not refuse chemical testing.  Not only will you receive an additional ticket with your Wisconsin OWI, you will have an automatic 1 year driver’s license suspension.  Submitting to chemical testing is part of the Implied Consent law, which you agree to when you obtain your driver’s license.  The results of the blood or breath tests can be challenged in Court.

Avoid Denial of a Wisconsin OWI Charge

Take responsibility for your actions.  If you try to avoid your drunk driving arrest, you may lose some relevant information which can be helpful to your case.  Write down everything you can remember about the events leading up to being pulled over and anything during the process of the arrest.  Every detail counts.  If you are in denial of this unfortunate incident, those small details that could be in your favor may be lost.

Avoid Hiring a Criminal Defense Attorney

It is important to contact an attorney immediately regarding your Wisconsin OWI arrest.  However, it is important that the attorney you hire practices 100% DUI Defense in Wisconsin.  Who is your best choice?  Wisconsin DUI Defense Attorney Nathan J. Dineen, of course.  A criminal defense attorney handles a wide range of cases, which makes it difficult for them to keep up with the ever-changing details of DUI Defense.  Attorney Dineen practices 100% DUI Defense and is a Certified Field Sobriety Test Instructor and Drug Recognition Evaluator (DRE).  He has the knowledge and experience to aggressively fight your Wisconsin OWI.  Contact him at 877-384-6800 for a Free Case Review.

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Be Irish and Avoid a Wisconsin OWI on St. Patrick’s Day 2014

 

Wisconsin holds a lot of festivities for St. Patrick’s Day 2014, including parades and pub crawls.  If you are interested in green beer and Irish music, put on your Leprechaun costume, grab your shamrocks, and enjoy the festivities. However, holidays attract increased law enforcement, and St. Patty’s Day (weekend) is no exception.  So before you enjoy the 2014 Irish holiday festivities make a plan for a safe ride home or you could be charged with a Wisconsin OWI.

Designated Sober Driver or Wisconsin OWI?

The obvious choice is to designate a sober driver.  The penalties of driving drunk in Wisconsin include driver’s license suspension, a hefty fine, Alcohol and Other Drug Assessment, possible Ignition Interlock Device installation and potential jail time (depending on the number of prior DUI convictions).  A drunk driving offense in Wisconsin could impact you financially, professionally, and socially.  Is one day of drinking and choosing to drive worth months of stress and regret due to a Wisconsin OWI Arrest?

Avoiding a Wisconsin OWI

Choose your designated sober driver by drawing straws or volunteer.  If you are unable to depend on the person who was designated, there are other options such as taking a bus, cab, renting a limo or trolley.  Since these are paid services, the driver remains sober and ensures a safe ride.

Got OWI? Hire Wisconsin DUI Defense Attorney Nathan J. Dineen

A Wisconsin OWI can put a damper on your holiday celebration.  If you find yourself in this unfortunate situation, contact Wisconsin DUI Defense Attorney Nathan J. Dineen for a Free Consultation.  Attorney Dineen practices 100% OWI Defense in Wisconsin.  His knowledge and experience of the law allows him to aggressively defend his clients to receive the best possible outcome.  Call 877-384-6800 for a Free Case Review.

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Justin Bieber’s Drugged Driving and Drunk Driving

 

It’s all the hype – Justin Bieber has been pulled over for drunk and drugged driving.  A breath test reported his Blood Alcohol Concentration (BAC) at .04, which is below the legal limit for a person of legal drinking age.  However, Bieber is only 19, which means it is illegal for him to drive with any amount of alcohol in his system.  He also admitted to smoking marijuana and taking prescription drugs.

Arrested for Drugged Driving

A DUI is not limited to alcohol, or even illegal drugs.  The drugs prescribed to a person by a doctor can result in a DUI arrest.  Prescription drugs have warning labels about not operating heavy machinery or driving until knowing how the drug will affect you.  These warnings do not mean that a person is impaired by the drug while driving, until a certified Drug Recognition Evaluator (DRE) can determine impairment.  A drug panel from a blood sample must also be taken to determine the amount of the prescription drug in a person’s system.  A person with drug amounts above the therapeutic range is considered “too” impaired to drive.  A citation for DUI will be issued.

Although legal in a few states, marijuana is still illegal in many states.  The states where marijuana is legal do have issues about how to accurately depict a level of intoxication.  Driving under the influence of marijuana will result in a DUI.

Top-Rated DUI Defense Attorney Wisconsin

Wisconsin DUI Defense Attorney Nathan J. Dineen practices 100% DUI/OWI charges in Wisconsin.  Whether drunk driving, drugged driving, or under-aged drivers with alcohol in you system, Attorney Nathan J. Dineen is the best defense for your DUI charge.  He is Certified Forensic Drug and Alcohol Attorney, Certified Field Sobriety Test Instructor, and Certified Drug Recognition Evaluator (DRE).  Contact Attorney Dineen at 877-384-6800 for a Free Case Evaluation of your DUI.

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Penalties of a Second Offense Wisconsin OWI

 

A second offense Wisconsin OWI is a misdemeanor charge.  The penalties for a second offense DUI are much harsher than a first offense.  Not only will you face license suspension and a fine, an Ignition Interlock Device (IID)  must be installed, jail time will be served, and you will face a burden to your personal and professional life.

The Cost of a Second Offense DUI in Wisconsin

Not only will you face up to $1,100 (plus court costs) financially, but a Wisconsin OWI second offense will also cost you your time…in jail.  A second offense drunk driving conviction will face 5 days to 6 months in jail.  The amount of time in jail could cost you your job, unless you qualify for Huber work release.

Second Offense OWI Penalties on Wisconsin Driving Privilege

Your driver’s license will be revoked for a period of 12 to 18 months, with a 45 day waiting period before being able to apply for an Occupational License.  The waiting period is one year if your previous offense occurred within 5 years.  Your second offense misdemeanor drunk driving charge will also require the installation of an Ignition Interlock Device on all vehicles in your name.

Hire Attorney Nathan J. Dineen for the Best Defense for your Second Offense OWI

Wisconsin DUI Defense Nathan J. Dineen has the knowledge and experience to aggressively fight your second offense Wisconsin DUI.  Attorney Dineen practices 100% OWI Defense in Wisconsin.  Contact Attorney Nathan J. Dineen at 877-384-6800 for a Free Case Review.

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