Failing The OWI Test

This is one test you can fail, and still pass the class (not get charged with drunk driving).

An arrest is not a conviction. If a person fails a blood or breath test, they are merely suspected of having driven while under the influence, while intoxicated, while drunk or totally stoned out of their mind, but that is the key word: suspected!

Whenever a person is suspected of having committed any offense, including drunk driving, they are merely accused of committing an offense, they are not convicted. (See The Burden of Proof at Wisconsin Criminal Law). As with any charge made against a person in the United States, the state (or feds for a federal charge) must prove their allegations.

Failing an OWI test does not mean that the person will be convicted of an OWI offense. In fact, many people are never convicted of an OWI accusation, and for many reasons.

If the breath testing machine used to conduct the breath test was malfunctioning, the results are inaccurate regardless of what those results may have indicated at first glance. An intoximeter can provide a false positive reading.

If the police officer stopped the person for the wrong reasons or no reason at all, then the evidence obtained after that stop might be illegal, which then means it would not be available to the prosecuting attorney. No evidence; no conviction.

Every day, police wrongly accuse people of crimes, prosecutors wrongly accuse defendants, and judges and juries wrongly convict people. It is not any of those people's jobs to find the truth about your stop by the police, about your blood or breath test, or even about the charges being brought against you. Their job is to prosecute you and punish you in the most efficient and harshest manner possible.

Your job is to defend your innocence. If you are not a lawyer with skills in and knowledge of the law equal to that of a seasoned prosecutor and near an engineer capable of dispelling the myths of a breath test, then you may want to consider hiring an attorney. You can call our office for a free initial consultation about your drunk driving (or criminal) charges and we will happy to explain the charges, the penalties, and how the law may affect you today and in the future because of that OWI. Our number is 1-866-262-4599.

If you reside outside of Wisconsin, you should contact an attorney in your area for drunk driving defense. (See Out of State Attorneys).

Helpful information:
Wisconsin Drunk Driving Laws
Field Tests Preliminary To OWI Charges
Determining Your BAC - Blood Alcohol Content