MADISON DUI LAWYER
   MADISON DUI / OWI LAW

Wisconsin DUI and OWI 

The Drink Wheel
On-Line BrAC Calculator
About          Disclaimer

I have had over a period of hour(s)2.

I am Male Female (Explanation of gender differences in Blood Alcohol Concentration)

and I weigh Pounds Kilograms

and I live in (so that the result is displayed in the appropriate units).

About the Drink Wheel

The Intoximeters Inc. "Drink Wheel"1 is a form that you can fill out. Upon completion we will instantly compute your estimated blood/breath alcohol concentration ("BAC") based on the information that you have provided and return that estimate to you. It is presented as a public service to Intoximeters web site visitors. Its primary purpose is to provide useful information about the responsible use of alcohol.

Why is it called a "Drink Wheel"?

We call it the "Drink Wheel" because it is based on various paper and cardboard BAC calculators that are given out in alcohol awareness programs, some of which are in the form of a wheel that you can spin around to calculate your estimated BAC based on what and how much you have had to drink.

Disclaimer

It would be extremely foolish for us to pretend that our "Drink Wheel" can tell you what your BAC actually is, first because it would open us up to an incredible amount of potential liability and second if it really did work accurately there would be no need for anyone to buy the instruments that we make and sell.

A person's actual BAC is dependent on many complex factors, including their physical condition (body composition, health etc...) and what they have recently ingested (including food, water, medications and other drugs). This site includes a more detailed discussion of the Pharmacology and Disposition of alcohol in humans.

The results that are generated are rough estimates of an average healthy person's BAC assuming typical beverage sizes, recipes and alcohol content. The BAC estimates generated by the Drink Wheel should not be used to infer anyone's fitness to work, drive or perform any other task or duty.
Note, Clayton Griessmeyer does not condone drinking and driving in any manner. In fact Attorney Griessmeyer recommends that all citizens not drive after drinking any alcohol (even one drink) to avoid both problems with the law, as well as the potential to hurt or kill other people.  The following is a link to the Dane County Sheriff's Web Page that discusses how to protect yourself and others from DUI drivers.
Dane Country Sheriff DUI

However, Attorney Griessmeyer also recognizes that it is not against the law to drink and drive, and he is a firm believer in the criminal justice system and dedicates himself to the advocacy of criminal defendants and protecting the rights of the accused."To declare that the Government may commit crimes in order to secure the conviction of a private criminal - would bring terrible retribution against that pernicious doctrine this Court should resolutely set its face." Justice Louis Brandeis in Olmstead v. U.S., 277 US at 485. (1928)

 Potential Wisconsin DUI Defenses

  • (1.)   No Reasonable Suspicion to Stop: Argue that the police officer who stopped you did not have a reasonable suspicion (specific and articulable facts together with reasonable inferences that would lead a reasonably prudent office to believe criminal activity was afoot).  If this was a fact, and argued effectively, evidence relating to your Wisconsin DUI Arrest would be suppressed and the prosecution's case would be non existent leading a dismissal.  This is generally proved with a motion to suppress evidence prior to trial. An example of this might be when a driver fails to signal a turn and no other vehicle is affected including any officer in the area.  See Wis. Stat. 346.34 (1) (b).

  • (2.) PBT Should not be Given any Weight : Argue that the police officer who stopped you failed to follow the requisite rules/procedure regarding a preliminary breath test /PBT/roadside breathalyzer test.  Or argue that the PBT had problems- (in a previous case Attorney Griessmeyer was alerted to the fact that the PBT had overheated and was taken out of service just days before the arrest of the driver).  This may allow the Wisconsin DUI Lawyer to argue to the District Attorney or City Attorney that the numerical result of the preliminary breath test/ PBT/ roadside breathalyzer should not be considered. Although the result of the PBT is not admissible in an action except to show probable cause or prove that a test was required,the D.A. will still know what the result was and if your lawyer can persuade the D.A. that there was something wrong with the PBT or result, it could help your case.


    30.682 Preliminary Breath screening Test.

    343.303 Preliminary breath screening test. If a law enforcement officer has probable cause to believe that the person is violating or has violated s. 346.63 (1) or (2m) or a local ordinance in conformity therewith, or s. 346.63 (2) or (6) or 940.25 or s. 940.09 where the offense involved the use of a vehicle, or if the officer detects any presence of alcohol, a controlled substance, controlled substance analog or other drug, or a combination thereof, on a person driving or operating or on duty time with respect to a commercial motor vehicle or has reason to believe that the person is violating or has violated s. 346.63 (7) or a local ordinance in conformity therewith, the officer, prior to an arrest, may request the person to provide a sample of his or her breath for a preliminary breath screening test using a device approved by the department for this purpose. The result of this preliminary breath screening test may be used by the law enforcement officer for the purpose of deciding whether or not the person shall be arrested for a violation of s. 346.63 (1), (2m), (5) or (7) or a local ordinance in conformity therewith, or s. 346.63 (2) or (6), 940.09 (1) or 940.25 and whether or not to require or request chemical tests as authorized under s. 343.305 (3). The result of the preliminary breath screening test shall not be admissible in any action or proceeding except to show probable cause for an arrest, if the arrest is challenged, or to prove that a chemical test was properly required or requested of a person under s. 343.305 (3). Following the screening test, additional tests may be required or requested of the driver under s. 343.305 (3). The general penalty provision under s. 939.61 (1) does not apply to a refusal to take a preliminary breath screening test.

    For a list of Wisconsin Department of Transportation approved PBT preliminary breath test instruments as of 2005, click here: http://www.dot.wisconsin.gov/statepatrol/docs/pbtltr.pdf

  • (3.) No Probable Cause to Arrest:  Argue that there was insufficient evidence to arrest the driver based on the facts and circumstances.  This may include arguments that there was no indicia of intoxication/ under the influence, the driver did not fail any field sobriety tests (FSTS) etc.  This is generally a very tough argument to make prior to a jury trial because courts usually tend to rely on numerical results of chemical tests regardless of the driver's behavior. 

  • (4.) Problems with the Breath, Blood or Urine Test.  There are numerous arguments regarding chemical tests that can be made by an effective Wisconsin OWI attorney.  Some of these include:Breathalyzer- arguing that the breath test machine was reading high (based upon records received by the attorney) no 20 minute observation, presence of mouth alcohol, medical conditions, only one test was given instead of two, Blood Alcohol Test- problems with chain of custody of blood sample, veinipuncture vs. arterial pull, too much time passed between driving and the blood pull for an accurate result  ***Note, blood samples can be retested after a DWI charge by an expert your Wisconsin DWI lawyer hires.  In low blood alcohol cases this may make a dramatic difference (example .08 by police and .07 on retest). 

  • (5.) Rising Blood Alcohol Defense: A common argument made by Wisconsin DUI Lawyers is that the driver's blood alcohol level was lower at the time of driving than what was recorded when the police tested the driver's blood or breath.  (example .06 when driving but .09 at time of test).  If your case goes to trial, a toxicologist may testify using the Widmark formula regarding your blood alcohol concentration and the rate of absorption. This is a complicated procedure but to simplify goes like this- the Widmark formula determines how much effect each beer/drink has on you personally depending on weight, food, time of last meal etc.  For example, a toxicologist may determine that you personally rise at a level of .029 per drink.  Therefore if you had three drinks shortly before driving, you may have been at a .06 about a half hour later (when you were stopped behind the wheel) but 1 hour later when you took the breathalyzer at the police station, you registered .09.  Note, this cuts both ways.  If you tell the police you stopped drinking 4 hours before driving there is no argument that you were rising.  Moreover, the opposite may also be true (declining blood alcohol).  The prosecution often argues retrograde extrapolation.  To put it simply, the prosecution will argue that your blood alcohol content at the time of driving was actually higher than what was recorded during your blood test at the hospital or breath test at the police station.   For example, let's say you gave a blood test one hour after driving and it was a .14.  The prosecution will bring in their expert to testify and extrapolate backward to come to the conclusion that you were really peaked out at the time of driving at a .17 and that during the hour it took to transport you to the hospital/police station, your b.a.c. went down .03.

  • Wisconsin Breath Test Requirement:  See Wisconsin Administrative Code Trans 311.06:
    Procedures for quantitative breath analysis shall include the following controls in conjunction with the testing of each subject:

    (a) Observation by a law officer or combination of law enforcement persons, of the test subject for a minimum of 20 minutes prior to the collection of the breath specimen, during which time the test subject did not ingest alcohol, regurgitate, vomit, or smoke.


    • But, see City of Fond Du Lac v. Binotto  264 Wis. 2d. 894 (2003).   Failure to follow 20 minute rule goes to the weight of evidence and not admissibility. 
     
    WISCONSIN FIELD SOBRIETY TESTS

    • (6.) Wisconsin Field Sobriety Tests (FSTS)  Anytime an OWI stop is made, the arresting officer will administer field sobriety tests. There are only three recognized field sobriety tests: These include 1) Horizontal Gaze Nystagmus 2) Walk and turn 3) One leg stand.  These tests are not always accurate and a good Wisconsin OWI lawyer can convey the reality regarding these tests to a jury. 

    • The horizontal gaze nystagmus (follow my pen/finger with your eyes) is often not performed properly by arresting officers.  Moreover it is designed to test whether a subject is above .10 blood alcohol concentration and not .08.  Last, according to the National Highway Traffic Safety Administration this test is only accurate to 77% (it is false positive for several reasons including medical disorders, caffeine, eye strain, nicotine, contacts etc.). For the above reasons and several others, an effective Wisconsin OWI lawyer can prove a driver was not under the influence regardless of the observations of the arresting officer regarding horizontal gaze nystagmus.

    • In the walk and turn test, the subject is directed to take nine steps, heel to toe, along a straight line.  After taking the steps, the driver must turn on one foot and return in the same manner in the opposite direction.  The examiner looks for seven indicators of impairment.  If the driver cannot keep balance while listening to instructions, begins before the instructions are finished stops while walking to regain balance, does not touch heel to toe, uses arms to balance, loses balance while turning, or takes an incorrect number of steps, NHTSA research indicates that 68 percent of individuals who exhibit two or more indicators in the performance o the test will have a BAC of .10 or greater. 

    • In the one-leg stand test, the suspect is instructed to stand with one foot approximately six inches off the ground and count aloud by thousands (one thousand one, one thousand two) until told to put the foot down.  The officer times the subject for 30 seconds.  The officer looks for four indicators of impairment: including swaying while balancing, using arms to balance, hopping to maintain balance, and putting the foot down.   NHTSA research indicates that 65 percent of individuals who exhibit two or more such indicators in the performance of the test will have a BAC of .10 or greater. 

    • Other Field Sobriety Tests: It is very common for officers to provide other non-standardized field sobriety tests to drivers.  This creates several problems, the most concerning being that it is a subjective test designed for the driver to fail.

    • WISCONSIN DUI SENTENCING GUIDELINES

      For the most current Wisconsin OWI sentencing guidelines, check

      http://www.wisbar.org/AM/Template.cfm?Section=Wisconsin_courts1&Template=/CM/ContentDisplay.cfm&ContentID=41136

 
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Information is for Informational Purposes Only. The material on this website is for informational purposes only and should not be considered legal advice. Accordingly, you should not rely on, or
 act on any information on this website, without consulting with a competent attorney who is licensed to practice law in your state or jurisdiction. Any results set forth here were dependent on
 the facts of that particular case and the results will differ from case to case.

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