Can You Refuse a Blood Alcohol Test if Pulled Over for OWI in Wisconsin?

 Posted on January 10, 2019 in DUI/OWI

While law enforcement has cracked down on drunk driving for the past few decades, in Wisconsin and in every state, operating a vehicle while intoxicated (OWI) is still a common problem. According to the National Highway Traffic Safety Administration (NHTSA), there were 613 motor vehicle traffic fatalities in Wisconsin in 2017 and 38 percent of those involved alcohol in some way. 

When you are pulled over for suspicion of OWI, the police officer will ask you to submit to a chemical test to determine your blood-alcohol concentration (BAC). If you do not comply with the officer’s request to submit to a chemical test, you could face serious consequences.

Implied Consent in Wisconsin

Like many other states, Wisconsin has an implied consent law when it comes to chemical testing for your BAC. In Wisconsin, implied consent means any person who drives a vehicle in the state is deemed to have given consent to one or more tests of his or her breath, blood or urine to determine the presence of alcohol, controlled substances or any combination of the two in the driver’s system. If an officer requests that you complete a chemical test, you must do so or face consequences.

Penalties for Refusing a Chemical Test

Refusing to take a BAC test does not get you out of the situation. In Wisconsin, if you refuse to take a chemical test and you have never been convicted of a chemical test refusal in the past, you will face an automatic one-year driver’s license revocation. After 30 days, you can apply for an occupational license, but you will be required to have an ignition interlock device (IID) installed in your vehicle.

A Waukesha County OWI Defense Attorney Can Help

If you have been arrested for OWI in Wisconsin, you do not want to handle this important legal issue on your own. If you refused to take a chemical test, you could face driver’s license suspension or revocation. Losing your driving privileges may not seem like such a big deal, but it is something you have no idea how much you will miss until it is gone. If you face OWI charges, you need immediate representation from a Waukesha, WI OWI defense lawyer. At the Bucher Law Group, LLC, we will fight for you so you get the best possible result. Call our office today at 262-303-4916 to schedule a free consultation.

Sources:

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

https://crashstats.nhtsa.dot.gov/Api/Public/ViewPublication/812630

https://wisconsindot.gov/Documents/safety/education/drunk-drv/owi-penchrt.pdf