There are many people that think they can beat a Wisconsin DUI Breath Test. There are also many myths about breath test equipment. Sucking on pennies, drinking pool water, or eating your own underwear might not prevent you from receiving a Wisconsin DUI/OWI Charge, but understanding the following (and working with Wisconsin DUI Defense Attorney Nathan J. Dineen) will crack down on the Wisconsin Breath Test to fight your DUI.
Wisconsin Breath Tests are designed to detect Alcohol?
Of course they are designed to detect alcohol… However, these results can be skewed because it can and will detect multiple types of alcohol, not just the kind you drink. There are many products that contain alcohol, and long-term or recent exposure can alter the results of the breath test. The Wisconsin Breath Test Machine is not designed to care about your test… But obviously you do…
Wisconsin Breath Tests Measure BAC During Alcohol Absorption
Drivers might think the best time to receive a breath test is during the absorption period. A first breath test would show a smaller amount of alcohol in the blood, but after a second breath test, the amount of alcohol rises. It is not to the benefit of the driver to have a breath test during the absorption period.
Wisconsin Breath Tests are based on Science
The results of the breath test are not secrets, but based on scientific data. These results can be used by the driver to check the validity and reliability of the breath test equipment. However, you will need the expertise of a trained Wisconsin DUI Defense Attorney to evaluate the results to determine their accuracy.
Using Mathematics to Determine Earlier BAC in Wisconsin
Although mathematics can be used to determine an earlier BAC from a later test result, it cannot be used to issue a Wisconsin DUI. The mathematics cannot be specific to an individual person because there are many variables that change the rate of alcohol absorption.
Reaching Peak Blood Alcohol Content in Wisconsin
Wisconsin officers usually wait a certain amount of time before administering the breath test. This is ensure the driver has not smoked, eaten or drank anything during this lapsed time. The myth is that this amount of time passing allows the driver to reach Peak Blood Alcohol Levels before administering the test. In reality, it is truly difficult to properly determine when the driver’s Blood Alcohol Content (BAC) will peak. This peak can vary between 14-138 minutes depending on the size, weight, and gender of the driver.
Breathing Pattern Affects a Wisconsin Breath Test
Prior to giving a breath sample, the amount of time a driver held their breath before breathing into the breath test equipment can raise the BAC level results for the breath test. The same is true for whether the driver was breathing through their mouth prior to their breath test. Also, breathing out too slowly into the breath test equipment could also affect the breath test result.
Normal Bodily Functions will affect Wisconsin Breath Tests
A driver who has the hiccups or belches before a breath test is likely to have a skewed breath test result. These normal bodily functions cause the alcoholic gases from the stomach to exit through the mouth at a higher concentration than normal breathing.
Temperatures in Wisconsin Effect on Breath Tests
Temperature of the weather and the body do have an effect on BAC. The breath test can be skewed if a person’s breath temperature is out of the normal range. This may mean that a driver could receive a DUI for a misrepresented breath test result.
Wisconsin Breath Tests are affected by Dental Work
Depending on the dental work, breath test results may show higher results. For driver’s wearing dentures, it may be likely that traces of alcohol remain in the mouth, therefore, resulting with a higher breath test result.
Attorney Nathan J. Dineen of Vanden Heuvel & Dineen, S.C. is experienced in Wisconsin DUI Defense. Attorney Dineen is member of the College of DUI Defense and has been educated on the proper use of breathalyzers and intoxilyzer equipment used in Wisconsin. Call 1-877-384-6800 for a Free Consultation or Complete a Free Case Review and Attorney Dineen will get back to as soon as possible.