Can I Refuse a Breath Test After Being Pulled Over For DUI?

 Posted on July 06, 2022 in DUI/OWI

For drivers who have been stopped under suspicion of Operating While Intoxicated (OWI), whether or not to take the breathalyzer test on the spot can be a difficult and confusing decision. Once a police officer pulls you over, they may already have a suspicion that you have been drinking alcohol or are under the influence of drugs. From the time they approach your vehicle, they will be looking for signs of intoxication, including the smell of alcohol on your breath, the clarity of your speech, your balance, and the appearance and motion of your eyes. You should learn what you should and should not do in this situation and know that it is always essential to call an OWI defense lawyer as soon as possible.

Field Tests Versus Tests at the Police Station

While Wisconsin is an implied consent state, meaning you have given consent to chemical testing when you obtained your driver’s license, that only applies after an arrest. You do not have to submit to any physical field sobriety tests or take a Preliminary Breath Test (PBT). You are not required to answer any of the officer’s questions but must produce your license when it is requested and exit your vehicle if instructed to do so. If you do choose to speak with the officer, you must tell the truth.

Based on their field observations, the officer may choose to arrest you based on probable cause, including any erratic driving before being pulled over, the smell of alcohol on you or in the vehicle, or open containers of alcohol observed in the vehicle. Refusal to submit to field sobriety tests may also give the officer probable cause to arrest you.

Once you are at the police station, you may be asked again to submit to a breath test, blood test, or urine test to determine your Blood Alcohol Content (BAC). Failure to submit to a test after an arrest can lead to additional charges with potentially heavier penalties, including driver’s license revocation, a waiting period for an occupational driver’s license, and having an ignition interlock device (IID) installed on your vehicle once you get your license back. If you refuse a test after an arrest, you may even be subject to a forced blood draw.

Contact a Waukesha OWI Defense Lawyer

If you have been arrested for DUI/OWI in the state of Wisconsin, the Racine County OWI defense attorneys of Bucher Law Group, LLC will protect your rights and build a strong defense for your case. This can include determining whether to challenge the results of the breathalyzer test or to challenge the suspension of your driver’s license. Call us today at 262-303-4916 for a free consultation.

Sources:

https://docs.legis.wisconsin.gov/statutes/statutes/343/III/305

https://wisconsindot.gov/Pages/dmv/license-drvs/susp-or-rvkd/AdminRvHrng.aspx