Legal Question in DUI Law in Wisconsin

I just had intoxalock installed and both times I drove I failed the rolling test. Had no alcohol in system. Have COPD & it's hard to breathe. Can't blow that long or hard. Live 36 miles from town & VA(disabled vet). The state(WI) says I'm in non-compliance. What can I do?


Asked on 9/20/09, 4:10 pm

1 Answer from Attorneys

JAY Nixon nixon law offices

Unless you have spilled lots of alcoholic beverages in your car over the years and still have alcohol residue coming from your vehicle's carpets, etc., this sounds like a technical problem with your device. You should speak with the vendor and if they cannot assist you, go directly to the manufacturer or do a broad online search regarding the intoxalock. Odds are that you will find others with similar problems if this is a manufacturing defect, since mass produced electronics also usually means mass produced defects affecting many other units as well as yours. As a last resort, try a different device or one from a different manufacturer. Finally, if nothing else works, have your lawyer take you back to court to see if the court might be willing to modify your requirements in order to accommodate your disability. You would certainly need a letter from your doctor to have any hope of success in this regard. My comments here are not intended as legal advice, unless you subsequently retain me and revisit this issue with me. These public comments in this online forum do not create any attorney client relationship with anyone.

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Answered on 9/26/09, 8:20 am


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