What breathalyzer reading will be used against me in court?

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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 9 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.  


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