Wisconsin OWI blood draw refusal laws & consequences

OWI First Offenses and Search Warrants: Can I Refuse a Blood Test?

For police to get a search warrant, they have to be looking for evidence of a crime. A First Offense Operating While Intoxicated (OWI) is not considered criminal, so police should not be able to get a search warrant for your blood, right? Wrong.

When you get arrested for an OWI First Offense, police will read you a form called Informing the Accused, which requests you provide a sample of your breath or blood. If you comply, the police will take a sample. If you don’t comply, you face additional consequences for OWI blood draw refusal.

Consequences of Wisconsin OWI Blood Draw Refusal

First Offense OWI blood test compliance comes with:

• A fine
• 6-9 month driver’s license revocation
• AODA assessment with follow through treatment
• The possibility of an ignition interlock device on your vehicle for 12 months (dependent on your blood alcohol concentration)

First Offense OWI blood test refusal comes with:

• A fine
• 12 month driver’s license revocation
• AODA assessment with follow through treatment
• 12 month ignition interlock device on your vehicle

You Are Only Guilty If You Are Convicted

Wisconsin DUI Blood Test Refusal Citations

Generally speaking, when you choose refusal of a Wisconsin DUI blood test for a 2nd offense or higher, police will get a search warrant for a blood draw. As of March 2, 2016, under Wisconsin Statute 968.13(1)(b), officers can do the same for an OWI First Offense.

The statute allows for a search warrant for blood (or other evidence) from anything that has risen from a violation of the OWI statute (Wisconsin Statute 346.63).

This means you can be given citations for an OWI First Offense, Refusal, and Operating with a Prohibited Alcohol Concentration all from one offense. The administrative consequences through the Department of Transportation and the penalties in a court of law can be severe for all.

Given citations for even just one of these offenses? Contact a firm that knows the ins and outs of OWI law and how it changes in Wisconsin. Remember, you are only guilty if you are convicted.