Question: Will I lose my OWI case if I failed the breath test in Wisconsin?

Answer: No, not at all. And there’s a few different reasons why that would be the case. For one thing, there’s more than one type of breath test, and people are occasionally confused by that. There’s a handheld breath test called the preliminary breath test that officers often use in cases. And those cannot be used in court to prove that you were at a certain level of alcohol in your breath. So those, it doesn’t really matter as far as the court’s concerned what your result is on that failure. And even the evidentiary breath test, the big tabletop machine that’s the EC/IR II in Wisconsin, even if you test over the legal limit, that does not necessarily mean that you’re going to lose your OWI case. There are challenges to those and often challenges to a point earlier in the case that would still allow you to win your case.

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