Legal Question in DUI Law in Wisconsin

dui law

breath alizer tube left in my car by the officer i did revice a owi in milwaukee wisconsin can the officer do that? He did not write that it was left in my car in the police report I have the tube .Is their a law that states the officer can not or can do that?


Asked on 3/31/07, 8:36 pm

1 Answer from Attorneys

JAY Nixon nixon law offices

DUI--Officer Left PBT Testing Mouthpiece in Car

The only field test an officer would give you which utilized a disposable mouthpiece would be a "PBT" or preliminary breath test. That test result is not admissible in court in any event, except to establish probable cause for your arrest. The only thing which might be proven by his forgetting it might be a slight level of forgetfulness. A good attorney might be able to use that to your advantage in cross examining the officer if he asserted that he had a perfect recollection of all the events that evening. Few officers would ever claim this, since they have far too many arrests to rely upon their memory without reviewing their reports.

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Answered on 4/11/07, 8:56 pm


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