In Wisconsin, Implied Consent laws allow police to request a chemical test—breath, blood, or urine—if you’ve been arrested for Operating While Intoxicated (OWI). By driving on Wisconsin roads, you’ve automatically agreed to this testing under state law. But that doesn’t mean you’re without options.
At Nero DUI Defense, we defend every part of an OWI case, including how the stop happened, whether there was probable cause, and what rights you had when the officer read the Implied Consent form. If you're facing a refusal or a chemical test result, DUI specialist Adam Nero is the only certified DUI defense lawyer in Western Wisconsin—and he’s ready to help.
What Is Implied Consent in Wisconsin?
Implied Consent is a legal rule that says if you’re arrested for drunk driving, you’re considered to have already agreed to a chemical test. Once arrested, police will read you a form that forces a choice:
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Agree to take the test (typically a breath or blood test)
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Refuse to take the test and face immediate penalties
This form isn't just paperwork—your response affects both the criminal and civil sides of your case. And how that form was read or explained can become a key defense strategy. Officers are not allowed to “explain” the law beyond the written form. If they do, we may be able to use that mistake to fight your case.
Option 1: You Say Yes to the Test
If you say yes and blow above the legal limit (.08 for most drivers, .02 if you have prior OWI offenses or are underage), the state will automatically start an administrative license suspension. This is a civil process—separate from your criminal OWI charge—that could lead to:
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A license suspension
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Ignition Interlock Device (IID) requirement (for certain BAC levels or prior convictions)
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Alcohol assessment and treatment programs
You have the right to challenge this suspension—but you have to act fast. There's a limited window to request a hearing, and the outcome could affect your ability to drive for months or even years.
Attorney Adam Nero has extensive experience handling these administrative hearings and knows how to pick apart procedural errors that can lead to a win—even before the criminal case begins.
Option 2: You Refuse the Test
If you choose to refuse the test, the stakes go up. Wisconsin law allows the police to request a search warrant to obtain your blood—even if you say no. And that refusal doesn’t make the OWI go away. In fact, it brings separate penalties:
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1-year license revocation (first offense)
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2-year revocation for a second offense (within 10 years), otherwise 1 year
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Mandatory Ignition Interlock Device
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Alcohol and drug assessment
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A separate refusal charge that adds to your OWI case
You’ll also be scheduled for a refusal hearing - That’s your best shot to challenge the refusal, argue that the officer didn’t follow the rules, or that probable cause for the arrest didn’t exist in the first place. We defend these refusals aggressively. And in many cases, the same defenses that beat a refusal can also beat the OWI. But the reverse isn’t always true.
Challenging the Refusal
There are multiple ways to fight a refusal charge, including:
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Officer failed to properly read the Implied Consent form
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Officer added their own explanation or pressured you to comply
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Lack of probable cause to arrest
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You were confused or unable to understand your rights
Even technical issues—like reading the form too quickly or in the wrong language—can open the door to a dismissal.
With Attorney Adam Nero, you get a lawyer who knows how to find those cracks in the state’s case. He’s the only certified DUI defense specialist in Western Wisconsin, and he treats refusal charges with the same urgency as the OWI itself.
Call the DUI Specialist Who Knows Wisconsin Implied Consent Law
Refusing a breath or blood test in Wisconsin doesn’t mean you’ve lost. And consenting doesn’t mean the case is over. Either way, Attorney Adam Nero is ready to challenge the stop, the test, and everything in between.
He’s Western Wisconsin’s only DUI defense specialist, and he’s helped countless clients reduce or dismiss OWI and refusal charges. If you're facing an Implied Consent issue, don’t wait. Your hearing deadline could be days away.
Call Nero DUI Defense now for a free consultation. Let’s fight this together.
