It is your legal right to refuse a breathalyzer in Wisconsin, but you must understand the potential consequences of that decision. Wisconsin has an “implied consent” law that requires all drivers to consent to chemical tests if requested by law enforcement. Attempting to deter drunk driving and provide evidence for prosecuting OWIs, these consent laws come with caveats and complex exceptions that an experienced DUI lawyer can help you if you or a loved one is facing a DUI charge or even the penalties of refusing to take a breathalyzer.
Wisconsin's Implied Consent Law
Wisconsin’s implied consent law states that drivers who operate a motor vehicle on public highways have given their consent to chemical tests if requested by law enforcement. These tests can include breath, blood, or urine samples that can determine if you are operating the vehicle under the influence of drugs, alcohol, or other controlled substances. Although this law is to deter drunk driving, it’s not commonly known that operating your vehicle implies your consent to these tests. This law doesn’t just apply to those who have a Wisconsin driver's license, but to anyone who drives on public roads in the state.
During an investigation into DUI charges, it’s essential to understand the difference between the tests you will be asked to take so you can understand your rights under the implied consent law. The implied consent law makes it illegal to refuse the evidentiary chemical tests done at the police station and not a roadside breathalyzer.
Roadside breath tests are performed during a traffic stop and are used to establish probable cause for a DUI arrest. Evidentiary tests performed at the police station are the official results that are submitted for evidence. Although officers are required to inform you of the implied consent laws and the penalties for refusing them, sometimes they don’t explain the difference between the two, and it can confuse drivers into taking the breathalyzer during the traffic stop.
Should You Refuse a Breathalyzer Test?
You can refuse a breathalyzer test; that is your right, but there are consequences to that decision. Understanding the ramifications of the choice to refuse may have you considering if you should refuse chemical testing in Wisconsin.
Refusing a breathalyzer in Wisconsin will ultimately be used against you as evidence and is known as an inference of guilt. So, when charges are pressed, you will be facing penalties for breaking Wisconsin’s implied consent law and a negative inference in your DUI case. The penalties for refusing a breathalyzer test in Wiscon are severe and complex, making the choice a difficult one for all drivers. Whatever you decide, a skilled attorney will be able to help you if you are facing charges.
Penalties for Refusing a Breathalyzer Test in Wisconsin
If you refuse chemical testing in Wisconsin, first time offense penalties are:
- Loss of driver’s license for one year
- Mandatory interlock ignition device for one year
- 30 day waiting period for a limited license
These penalties increase and or double if a minor is in the car or you are a repeat offender.
Nero DUI Defense: Fighting For Your Rights in Western Wisconsin
Challenging the implied consent law starts when you are arrested because you must request a hearing within 10 days. The first thing that you should do is reach out to an attorney to request a hearing, collect evidence, and be present at the hearing. Presenting a strong defense strategy from the beginning is vital to your success in not losing your driver’s license. You need an experienced DUI attorney who can start the process of your hearing while also starting your DUI defense because not only are you fighting the charges and penalties from the implied consent law, but you will still be facing the DUI charges.
At Nero DUI Defense, we thoroughly engage throughout our client's cases to ensure that their rights are defended. Nero DUI Defense focuses exclusively on OWI and DUI cases because we know that it is crucial to have a legal team that is knowledgeable in Wisconsin’s OWI laws. Contact us today so we can help you navigate these frightening and high stakes situations.
