Which results count more assuming they are contradictory – a breathalyzer or blood test?

Asked on October 9, 2011 under Criminal Law, Wisconsin

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

As a former deputy district attorney who tried many driving under the influence cases, the blood or urine analysis test results are much more reliable and subject to less scrutiny from a legal perspective than the breath test which requires two blows on the devise to determine if the blood alcohol level of the person taking the test is on the rise or decline.

Breath analyzer devises also need to be calibrated and the tube that the person who blows into the device needs to have a sterile tube placed within it each time there is a test made so as to prevent any residual alcohol traces from the prior testing from showing.

A blood test is typically much more reliable to determine the blood alcohol level of the person being tested.


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