Does a DWI suspect have the right to choose between a breath test or a blood test ?

I think you might find the US Supreme Court's decision in Missouri v. McNeely of some interest. You can find it at: http://www.supremecourt.gov/opinions/12pdf/11-1425_cb8e.pdf I suggest that you retain an experienced DWI attorney to represent you without delay. Also, refrian from speaking about your case with anyone other than your attorney.

No, but he can obtain a blood test upon his release from custody if he wants, on his own for use as defensive evidence.

In Wisconsin and most states, you have a right to have an additional test done at government expense. That is, you could have taken a breath test in addition to the blood test. If you refused the blood test requested, this would be a refusal even if you were willing to take a breath test. Whether or not the blood test results can be used in court is a separate matter. Generally, no, not without a warrant. You need a lawyer for this, now, before court. Often people think that because it isn’t a murder case, a drunk driving case is simple. Nothing could be further from the truth. These cases can be among the most complex a criminal defense lawyer handles. The government is willing to spend an incredible amount of money to convict you though. They will have expert witnesses available for consultation and trial. It is certainly not a do-it-yourself situation, nor a situation where you want someone getting on-the-job training. That you have been charged or that some gizmo says your alcohol level was at a certain level does not mean that you are guilty. It certainly does not mean that you will be proven guilty using competent, valid evidence. Field sobriety “tests” are designed to give police a reason to arrest. You cannot “pass” them. The police will admit that almost a third of healthy young adults who take these tests without any alcohol will be judged to be “under the influence” – and that assumes they are properly administered! After even a first drunk driving conviction, you may face employment discrimination. You will certainly be charged higher for insurance. Having such a conviction will also make you a target for drunk driving arrest in future interactions with police. You will automatically become a suspect. You will want a lawyer who is familiar with field sobriety “tests,” perhaps one who is certified to administer these tests. You will want a lawyer familiar with the weaknesses of the contraptions that are used to report alcohol or drug levels. You want an experienced trial lawyer, used to cross-examining police officers. Police officers are practiced, experienced witnesses. That is, you want an experienced drunk driving defense lawyer, whether you call the offense DUI, OWI, DWI, OUI, or drugged driving. If any answer on helps you, mine or someone else’s, please mark it as "helpful" or "best answer" to help know which answers to show others. Thank you. --- Experienced DUI/DWI/OWI/Drunk Driving Lawyer in Madison, Wisconsin http://addbalance.com/drunk_driving_lawyer.htm --- Facebook Page Madison (Dane County) Wisconsin Drunk Driving / OWI / DWI / DUI Lawyer http://www.facebook.com/MadisonWiDrunkDrivingLawyer --- Field sobriety "tests" – Madison (Dane County) Wisconsin DUI / DWI / OWI / Drunk Driving lawyer http://addbalance.com/fieldsobrietytests.htm --- Drugged Driving/DUI/DWI/Drunk Driving with Prescription Drugs – Madison (Dane County) Wisconsin http://addbalance.com/duidrugs.htm --- Which Offenses Count as Priors in Wisconsin? - Madison Dane County Wisconsin DUI OWI Drunk Driving Lawyer answers http://addbalance.com/duimath.htm --- Ten Days to Save Your License - Administrative Suspension and Refusals in Madison (Dane County) Wisconsin http://addbalance.com/duitendaywarning.htm DISCLAIMER: Confidential information should not be disclosed in this Internet forum. I am an experienced Wisconsin drunk driving (DUI/OWI/DWI) defense lawyer practicing in Madison (Dane County) Wisconsin. The laws in each jurisdiction can be very different. I cannot give legal advice over the Internet nor can I establish an attorney client relationship with you. If something I say disagrees with what your own lawyer is telling you, you should rely on your lawyer who is familiar with you, your entire case, the local courts and practices.