Wisconsin Motion to Dismiss Criminal Charges for Failure to follow Breathalyzer Protocols - DUI

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US-02160BG
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Description

The purpose of the breathalyzer test is to measure a person's blood alcohol content (BAC). The Breathalyzer, which is the most commonly used BAC tester today, was invented in 1954. It detects and measures the level of alcohol on a person's breath with the use of a chemical reaction. A Breathalyzer test kit contains several vials of chemicals of differing colors that change color when they come into contact with alcohol. The color changes indicate the amount of alcohol.


Breathalyzer test results can be challenged in court; it is possible for a law enforcement officer to administer the test incorrectly. This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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  • Preview Motion to Dismiss Criminal Charges for Failure to follow Breathalyzer Protocols - DUI
  • Preview Motion to Dismiss Criminal Charges for Failure to follow Breathalyzer Protocols - DUI
  • Preview Motion to Dismiss Criminal Charges for Failure to follow Breathalyzer Protocols - DUI
  • Preview Motion to Dismiss Criminal Charges for Failure to follow Breathalyzer Protocols - DUI

How to fill out Motion To Dismiss Criminal Charges For Failure To Follow Breathalyzer Protocols - DUI?

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FAQ

Question: Can an OWI be expunged from my record in Wisconsin? Answer: No. There is no expungement. There may be some ability to appeal a conviction or to have a conviction vacated and entirely removed from your record, but expungement on OWI is not available.

10 Potential Ways to Fight a Wisconsin DUI or OWI Charge Challenging Your Traffic Stop. ... Challenging Your Arrest. ... Challenging Your Field Sobriety Test Results. ... Challenging Your Breathalyzer Test Result. ... Asserting the ?Rising BAC? Defense. ... Providing an Alternate Explanation for Your Appearance.

In order to stop that automatic revocation, you must show up to your license suspension hearing and demonstrate one of the following: The police didn't have a valid reason for stopping you. There was no probable cause to request breath or chemical testing. The results of your breath or chemical test are invalid.

Wisconsin prohibits reducing alcohol-related offenses to non-alcohol-related offenses. Fortunately, the DUI lawyers at Mishlove & Stuckert, LLC Attorneys at Law are board-certified specialists. They will evaluate every aspect of your case to help you achieve the best possible outcome.

The penalties for declining the breath test include a one-year driver's license revocation and ignition interlock device, which measures your blood alcohol content (BAC) before you can start your vehicle.

At the same time, the State of Wisconsin has a minimum of six years to Statute of Limitation for DUI or press charges against someone for a felony drunk driving charge, with a maximum of no limited time depending on the circumstances.

Answer: No. There is no expungement. There may be some ability to appeal a conviction or to have a conviction vacated and entirely removed from your record, but expungement on OWI is not available.

If there is any evidence or indication of police misconduct related to a drunk driving traffic stop or subsequent arrest, the charges should be dismissed and the officer investigated for potential wrongdoing.

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Wisconsin Motion to Dismiss Criminal Charges for Failure to follow Breathalyzer Protocols - DUI