If you are stopped on suspicion of drunk driving, the officer will likely ask you to blow into a portable breathalyzer or take field sobriety tests. These tests are used to determine whether you are impaired and whether you should be arrested and charged with drunk driving. If you are arrested, additional tests may be performed to determine whether you were driving under the influence and whether you should be charged with the offense of operating while intoxicated (OWI). Understand the role that these tests play in OWI cases is important, and you will need to be aware of the consequences you may face for refusing to submit to one or more types of tests.
Roadside Breathalyzer Tests
If you are pulled over by a police officer on suspicion of drunk or intoxicated driving, you may be asked to take a breathalyzer test. This portable breathalyzer test may be used to determine whether you are intoxicated by providing an estimate of the amount of alcohol in your system. The legal limit for blood alcohol content (BAC) in Wisconsin is 0.08%. If a breathalyzer indicates that your BAC is above this limit, this will give the officer probable cause to arrest you for OWI.
However, breathalyzer tests are not always accurate. If the machine is not calibrated properly, it may give a false reading. Additionally, other factors, such as mouthwash or acid reflux, can affect the accuracy of the test. You are allowed to refuse a roadside breathalyzer test.
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