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In Wisconsin, there are additional consequences for an OWI blood draw refusal, including fines and driver’s license revocation. Refusing the blood draw is against the Informing the Accused form the police read during an OWI arrest. Because of these additional penalties, it is not advised to refuse a blood draw during an OWI arrest.
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 one might think police would be unable to get a search warrant for your blood. This would be an incorrect assumption.
When you get arrested for any OWI, 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.
