The Wisconsin Supreme Court upheld a law prohibiting the use of preliminary breath test results in most drunken driving cases Wednesday.
After a court convicted Richard Fischer, a man who was charged with operating a vehicle while under the influence, he challenged the constitutionality of the law.
""Under Wisconsin law the results of a preliminary breath screening test are not admissible in any prosecution for drunk driving except for the purposes of showing that there was probable cause for an arrest and that a chemical test was properly required,"" Bill Cosh, spokesperson for the state Justice Department, said.
Attorney General J.B. Van Hollen said in a statement he approved of the court's decision.
""The Supreme Court has appropriately taken a practical approach to the problem of drunk driving by upholding the Legislature's efforts to enact laws designed to get drunk drivers off the road,"" he said.
Because there is no penalty for refusing the breath test when pulled over, the court said that keeping those results out of trials encourages drunken drivers to submit voluntarily.
Fischer argued that his constitutional right to present evidence in his defense overrode the law. According to a statement from Van Hollen, Fischer hoped his preliminary breath test results would prove that his blood alcohol content was below the legal limit at the time of his arrest.
The statement said police typically use preliminary breath tests to determine if there is probable cause for arrest. Chemical tests following arrests are admissible as evidence in trials.
