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Wisconsin OWI blood draw refusal laws & consequences

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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

Wisconsin OWI blood draw refusal

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.

In Wisconsin, how long does a third offense OWI charge stay on your record?

Third offense OWI in Wisconsin, could be listed on your record permanently, even if you avoid conviction an a penalty of up to $4,000.

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