What breathalyzer reading will be used against me in court?

This weekend I went out and had about 3 beers over the span of 3 hours. On my way home I got pulled over for a headlight that must have just burned out. They breathalyzed me and I blew a .091 and they have me my second OWI, however at the station blew .06. If I go to court and fight this ticket will they drop it considering I blew under the limit at the station?

Asked on November 9, 2014 under Criminal Law, Wisconsin

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

You need to hire an attorney as soon as you can.  How the court will find is going to depend on the facts and how well your lawyer is able to argue the inaccurate reading the first time.  Since the BAC generally goes up over time I think you may have a good chance in arguing that the first reading was inaccurate.  But again, a lawyer is needed.  


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.