Legal Question in DUI Law in Wisconsin

Yes, the judge will indeed consider this .09 reading in that he or she will probably use it to find your friend guilty of drunken driving. This is because anything over .08 is "over the limit" in WI and is therefore sufficient to prove guilt without the need for further evidence of impairment such as poor balance, poor driving, etc. Fault in the accident is not an issue for the simple drunken driving charge, meaning that she would still be charged with drunken driving even if the adverse drive was in the wrong. However, for injury or death cases, fault on the part of the opposing driver can sometimes be relevant. The fact of the accident is also relevant to sentencing and dangerous driving which causes an accident is an "aggravating factor" which can lead to a harsher sentence. Your friend still may have defenses available, however, such as probably cause for the arrest, faulty blood testing equipment and other technical defenses which may be spotted by an experienced traffic or criminal lawyer. It is therefore critical that your friend retain experienced counsel as soon as possible. My comments in this public web forum are intended only for public educational purposes and not as legal advice for you. You therefore should retain your own attorney as soon as possible, since time limits can apply to many different types of legal matters which could severely harm your case if they expire without receiving proper attention in a timely fashion. However, you are also welcome to contact me at my office in Racine if you wish to discuss this matter further.