Wisconsin’s Intoximeter EC/IR II Breath Test Machine
Wisconsin’s Intoximeter EC/IR II is a breath testing machine that measures how much alcohol is in a person’s breath. If a person is arrested for drunk driving, he or she will be required to provide two breath samples. If the alleged drunk driver fails to give those samples, a refusal will be noted in his or her file. Upon completion of the test, the officer who administered the test will read the results and record that information in the person’s file.
That said, police officers can make mistakes, including misreading or recording inaccurate results. Additionally, the machine may not have been recently or properly calibrated; this can yield erroneous results. Knowledgeable and experienced Milwaukee DUI attorneys will know exactly what questions need to be asked in order to determine whether or not any of the above-mentioned situations existed at the time of your arrest.
The Intoximeter EC/IR II (and breath testing devices in general) tests the level of ethanol in a person’s exhaled breath. However, at the time of the test, only a small fraction of the air that is exhaled is actually measured. Still, the device provides a blood alcohol concentration level as if all of the exhaled air was tested. This can result in a false reading that is far above the actual concentration level.
Moreover, the EC/IR II has been known to have engineering defects that make it susceptible to interference from radio frequencies that come from things such as police radios and cellular phones. In fact, it has been testified to under oath that the state-approved EC/IR II was not sufficiently protected from radio frequency interference. Also, the EC/IR II may have been operated with the “slope detector” functioning; and if that was the case, the results of those tests may not be admissible evidence in court. Wisconsin law normally only allows machines that are properly operating to be used as courtroom evidence in drunk driving cases.
If you believe that you need the services of well-versed Milwaukee DUI attorneys, please contact Vanden Heuvel & Dineen for a free consultation.