A client came to Piel Law Office after ending representation with another attorney following several years of litigation. The client was facing a second offense OWI along with a refusal allegation after a blood test showed an alcohol concentration of .086.
After reviewing the case file and the prosecution’s motions, the defense identified an important issue involving the testimony used to present the blood test results.
Recent U.S. Supreme Court precedent, Smith v. Arizona, clarified when prosecutors may rely on testimony from a laboratory analyst who did not personally perform the testing.
Based on that decision, the defense challenged the prosecution’s attempt to introduce testimony from a surrogate analyst. The court agreed with the defense and required the State to produce the analyst who had actually performed the blood testing.
The case ultimately proceeded to a jury trial. After hearing the evidence, the jury returned a not guilty verdict on all OWI charges, and the refusal allegation was dismissed.
Piel Law Office is a Wisconsin-based criminal defense firm with over 30 years of experience protecting clients facing OWI and other serious criminal charges.
