Refusals & Implied Consent

In addition to undergoing a field sobriety test, a driver who is stopped for a suspected DUI may also be asked to agree to a chemical test in order for law enforcement officers to determine his or her blood alcohol concentration through chemical testing. If a driver refuses to perform the test, penalties may be imposed. Wisconsin has an “Implied Consent” law which essentially states that a law enforcement official pulls over a driver who operates a motor vehicle and suspect he or she may be under the influence of alcohol, drugs medication or any other substance, the driver of the vehicle “implicitly consents” to supplying the law enforcement official a sample of his or her blood and/or breath for a chemical test.. If he or she doesn’t do the chemical testing or a test, the driver is charged with an offense called, not surprisingly, a refusal to submit. An implied consent test refusal offense carries with it all the penalties and jail time an OWI does. 

Blood test and urine test device samples are done by the State of Wisconsin Hygiene Department Lab tests for alcohol usually take under a month whereas tests or “screens” as they are known as take months depending on your zip code. The purpose of determining and testing your blood alcohol content or drug level can be a bac detractor or defense in your case but refusal can only hurt. An attorney may use this testing information to help your case but refuse the chemical test and the attorney has nothing. If you refuse to submit to the OWI test request you are not helping your OWI attorney by giving any evidence to defend you in court. 


Refusing To Supply A Blood, Breath or Chemical Test Sample 

If you’ve been arrested for operating a motor vehicle while intoxicated (DUI or DWI) in Wisconsin for an implied consent refusal owi, you are facing serious disruptions to your life. A first drunk driving implied consent charge with no injuries or other special circumstances comes with a license suspension, high fines/fees and skyrocketing auto insurance rates.

Appreciate The Seriousness Of The Situation And The Implied Consent Law 

A driver operating a motor vehicle while impaired charge either by alcohol or drugs with no injuries or other special circumstances comes with a license suspension of one year or more, high fines/fees and skyrocketing auto insurance rates. The implied consent laws don’t help. More serious charges can come with longer license revocations, possible mandatory jail time and other high OWI and DUI revocation and penalties again like years in prison and probation. All of this can cause problems at work, including license revocation, discipline or firing. Difficulties meeting work, school or family obligations with license revocation issues. That’s why it is important to take action as soon as a person is charged with refusing to submit to a test to determine their bac. Especially if the implied consent to submit laws applies. The implied consent laws are harsh no matter what your zip code is. 

The implied consent law applies when a person refuse to supply a breath, blood or urine for a chemical test upon reasonable suspicion by law enforcement that you operated a motor vehicle under the influence of an intoxicant. Those who refuse a breath test, urine test or blood test after a dui arrest and refusal to give consent to submit to take a chemical test request receive a refusal charge upon arrest. Not only is a person breaking the law by refusing the request since they are deemed to have given no consent for the test, those who don’t get any test results and refuse to take a test are throwing away a possible blood, breath or urine dui defense in helpful chemical test results which would show a blood alcohol level under the legal limit. 


Fight The Charges! 

Many times the police officer jumps to the conclusion of who was driving the car no matter how many dui arrests the officer has. The police officer really doesn’t believe a person when they refuse a breath blood or urine sample for an alcohol test, especially when a person doesn’t given consent to a blood chemical tests after arrest. 

I’ve made a reputation for proving the cops wrong in a jury trial. Don’t just “buckle under” with a police officer that doesn’t believe you during the arrest. Let an attorney organize your case, put together the evidence and prove the police officer wrong to a jury. 

Sometimes even though you might be guilty we might find that one of your prior convictions might be flawed from a legal prospective. When that happens, your OWI 5th might get reduced to possibly an DUI 1st. This is called a collateral attack. We use this technique often an with great success. Call us to find out if your situation is open to a collateral attack motion and get your drunk driving number dropped. Create an attorney client relationship today. 


Schedule Your Free Client Consultation! 

Call us at 888-375-3056· or send a text to your local Mullen, Schlough & Associate S.C. Attorney’s cell phone·  Send an email to your local Mullen, Schlough & Associate S.C. Lawyers in the City Near You or Schedule a Video Consultation during a time that works for you! Take advantage of the privilege of some free legal advice from a law firm that deals with these bac cases exclusively. 

Hire A Professional! 

It is extremely important to hire the best criminal traffic professional to represent your best interests and guard your driver’s license. The primary goal is to keep you out of the criminal court system so you can move on with your life without the danger of a lengthy prison sentence or a criminal record. Just a fine is our goal and we shall shoot for it. The less in penalties the better. The longer you keep your driver’s license the better. 


Payment Plans Encouraged! 

We know money is an issue for people facing DUI case.  We offer a clear breakdown of our minimum fees and free, confidential initial consultations for all potential clients. To learn more or speak to an experienced Wisconsin DUI attorney, call our office today at 1-888-375-3056 or send us a message through our email form today. Your future and the future of your family is relying on your choice.  


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Refusals & Implied Consent