In Wisconsin, refusing a chemical test can lead to serious legal repercussions. It is crucial to comprehend the laws, potential penalties, and available legal options if you find yourself facing refusal charges.
According to Wisconsin law, state statute 343.305(10)(a), you only have 10 days to hire an attorney after receiving a refusal charge. You must schedule your refusal hearing within 10 days of your arrest to fight the license revocation. If you do not hire an attorney in this window, you will not be represented at your refusal hearing and will not be able to fight the charges as you would with an experienced attorney. In addition, if you fail to schedule your refusal hearing within 10 days of your arrest then your license will be revoked 30 days after your arrest.
Under Wisconsin’s Implied Consent law (state statute 343.305(2)), by driving on Wisconsin roads, you consent to chemical testing if a law enforcement officer asks for a chemical sample (blood, breath, or urine) if you are suspected to be driving under the influence (OWI/DUI). If you refuse the chemical test, you could face harsher penalties than if you had complied with the officer’s request depending on the circumstances.
You technically have the right to refuse providing a sample, but if you do you could suffer additional penalties and consequences on top of your OWI. In addition, the prosecution may use your refusal as an admission of guilt to show a guilty conscious and use it as evidence in your OWI case. In addition, if you refuse, the officer can get a warrant approved by a judge to authorize taking a sample without your approval.
Our law firm will review any misdemeanors charged in your case, explain what those charges mean, and advise you on your best legal options. Contact us today to schedule a consultation and get the best representation you need in your unique circumstances.
If convicted of refusing a chemical test, you could face several punishments, including:
A refusal carries harsher penalties than a first offense OWI. For example, a refusal conviction requires a mandatory ignition interlock device (IID) for one year, whereas first offense OWI does not require an IID and has a shorter license revocation period. See here for more information about OWI penalties.
It is essential to hire an experienced attorney within 10 days of your refusal arrest. An attorney can challenge the officer’s procedures to get your refusal charge dismissed or the penalties decreased. For example, if the officer didn’t read you the Implied Consent Law warning, your refusal charge could be thrown out.
It is also important to have an attorney with your OWI charges. See our OWI defense lawyer page for more information about how we can fight your OWI.
If you refused to test for intoxication within the past 10 days, CALL TODAY. Do not waste any time getting started on your defense; act before you lose certain legal privileges.
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