Wisconsin OWI Impact of Failed Blood Test

Question: Will I lose my OWI case if I fail a blood test in Wisconsin?

Answer: No, not necessarily at all. There are a lot of different things that you can do to challenge the blood test, or that sometimes you can show that the blood test was incorrect. In addition, usually that blood test is taken at least an hour after the time of driving. It can be used as prima facie evidence of your blood alcohol level at the time of driving, but there’s also a defense that’s built into that time delay. They can’t say what your alcohol level was at the time you were actually driving. In addition, I have some specialized training that allows me to examine the test results, especially on blood pieces, and determine whether their testing was adequate in the case and whether they have any problems that we might be able to attack.

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