What Happens if I Refused DUI Testing in Wisconsin?

 Posted on April 15, 2022 in DUI/OWI

Wisconsin has what are called implied consent laws. By getting a driver’s license in our state, you implicitly agree to cooperate with chemical testing following a DUI test. This rule does not apply to field sobriety testing, however. Drivers are free to refuse to perform field sobriety testing, however, doing so may not protect you from getting arrested for DUI anyway. It is important to understand how refusing field sobriety testing and refusing chemical testing could impact your case and your driver’s license. If you were arrested on suspicion of DUI, it is important to find an experienced attorney who handles this type of case.

What Happens if I Refuse to Perform Field Sobriety Tests?

You should know that you are not legally obligated to perform field sobriety tests. In some cases, refusing field sobriety testing can actually help your case. Field sobriety tests are essentially an effort by police to gather evidence against you. By performing the tests, you could inadvertently incriminate yourself should you appear intoxicated during them.

However, you should be aware that you could still get arrested on suspicion of DUI. The police officers could use other types of evidence to establish probable cause to take you into custody. Things like the smell of alcohol on your breath, slurred speech, or bad driving could give the police probable cause. However, without field sobriety tests suggesting intoxication, the state will have less evidence to go on.

There is no penalty for refusing field sobriety tests or an initial roadside breathalyzer test. Once you have been arrested, however, the situation changes.

What Happens if I Refuse Chemical Testing After Arrest?

This is where implied consent laws come into play. Refusing to take a blood or breath test once in custody can result in automatic one-year revocation of your driver’s license. In addition to the revocation, your refusal to submit to chemical testing could be used against you in court as evidence that you knew you would be over the limit. The problem here is that while on the spot, you will need to weigh a near-certain one-year revocation against providing additional evidence that you were driving while intoxicated.

You can, however, request to take an alternative type of chemical test if you fail the first one. This may be a good idea because if the two tests yield different results, then your attorney could use this issue to argue that the test was flawed.

Call a Wisconsin DUI Attorney

If you are facing DUI charges, Bucher Law Group, LLC can help. Our experienced Dodge County DUI lawyers are experienced at addressing any concerns related to field sobriety or chemical testing. Call 262-303-4916 for a free consultation.

Source:

https://docs.legis.wisconsin.gov/document/statutes/343.305