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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.
First Offense OWI blood test compliance comes with:
First Offense OWI blood test refusal comes with:
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.
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