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Wisconsin is an “implied consent” state. This means if you refuse chemical testing of your breath, blood, or urine, you can face additional consequences impacting your driving privileges. Although a chemical test refusal is not a criminal charge and does not carry the possibility of jail time or fines, it can nevertheless be a costly and burdensome ordeal. On a first offense OWI, the penalties for refusing to provide a sample to law enforcement can actually be more severe than the penalties for the OWI itself. The refusal penalties increase if you are facing a second OWI offense (or greater).
Refusing the chemical test will add charges to your case and law enforcement may obtain your blood via a warrant after a refusal. Additionally, most of the defenses to the refusal charge are also defenses to an OWI arrest itself, meaning: if you can beat the refusal there is a good chance that you can beat the OWI, but not necessarily vice versa. Most of our attorneys agree: consenting to the chemical test, while not always the best choice, is always the safe choice.
Law enforcement could attempt to obtain a warrant to take a sample of your blood anyway. You would still be subjected to the potential penalties for refusing to provide a sample. After you refuse a breathalyzer in Wisconsin you have 10 days before a refusal hearing. An experienced OWI attorney can sometimes get your charges dismissed at this time.
Given the significant consequences of an implied consent refusal in Wisconsin, it is important to hire an experienced OWI lawyer to protect your rights.
First offense breathalyzer refusal is a 1-year revocation. 2nd offense breathalyzer refusal is 2 years if you have priors within the last 10 years, else 1 year.
The standard set of tests that all law enforcement officers are trained to administer is the horizontal gaze nystagmus test (HGN), the nine-step walk and turn, and the one-leg standing test. Each test must be administered within a narrow set of rules, otherwise, the results may be called into question and the test can be thrown out.
By contrast, for an OWI 1st without refusal, the period of driver’s license revocation is 6-9 months, and an IID in Wisconsin is only required if the person’s BAC is over 0.15. Furthermore, there is no waiting period to apply for an occupational license.
Wisconsin’s Implied Consent Law states that, as a driver in the State of Wisconsin, you agree to submit to a chemical test of your breath, blood, or urine if law enforcement has probable cause to believe you are operating your vehicle while under the influence of an intoxicant.
You have the right to refuse (or say no to) providing a sample, but if you do, you could suffer additional penalties for not consenting.
The breathalyzer you take next to your car on the side of the road is NOT the same as the chemical test you take back at the station. A chemical test, sometimes taken hours later, may have little or even nothing to do with your blood alcohol concentration at the time you were operating a motor vehicle. No doubt the officer told you something different. And the prosecutor will do the same.
That is why you will need an experienced, award-winning criminal defense team of attorneys to review your case and analyze whether or not a “curve” defense, otherwise known as retrograde extrapolation, would work in your situation. This means after you were pulled over, your blood alcohol levels continued to rise to an illegal level. Just because you were higher than .08% a few hours after the stop does not mean you were higher than .08% while you were driving. Sometimes a case can be made that you were .07% or .06%!
Being arrested is a scary experience. You won’t be given the opportunity to talk to a lawyer before you make your decision. Know your options, and know your rights. Contact our team of award-winning former prosecutors for a free consultation on your case. Think you were pulled over unlawfully? Learn more about Wisconsin pullover laws.
You Are Only Guilty If You Are Convicted.®
Contact the Wisconsin breathalyzer refusal lawyers with a reputation for getting charges reduced or dropped.
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