Can You Refuse A Breathalyzer in Wisconsin?
When you’re pulled over in Wisconsin for suspicion of drunk driving, the arresting officer will want to conduct a series of tests to confirm their suspicions and make an arrest. But since the test may be incriminating evidence, you’re wondering, ‘Can you refuse a breathalyzer in Wisconsin?’
Since Wisconsin is an ‘implied consent’ state, refusing a chemical test of your urine, blood, and breath can result in additional consequences affecting your driving privileges.
Before you refuse to take the test, consult with a criminal defense attorney experienced in OWI cases, Nathan J. Dineen Attorney At Law. He understands the intricacies of Wisconsin’s breathalyzer refusal laws.
Can Commercial Drivers Refuse Breathalyzer Tests in Wisconsin?
If you have a CDL (Commercial Driver’s License), you are obligated to submit to evidentiary testing upon request, even when you’re off duty. Aside from being governed by implied consent, submitting to chemical tests is a requirement of being a CDL holder.
The law is strict on commercial drivers to heighten the safety standards and welfare of all road users.
What is Implied Consent Law in Wisconsin?
Implied consent law in Wisconsin states that when driving on public roads in Wisconsin, you automatically consent to submit to a chemical blood, breath, and urine test when you’re pulled over on suspicion of DUI.
However, there are conditions that govern your obligation to submit to the chemical tests. If the police officer doesn’t adhere to these regulations, you may be allowed to refuse to provide the sample.
Can a Police Officer Breathalyze You Without Probable Cause?
While it’s mandatory to submit to evidentiary testing in Wisconsin, the police officer needs probable cause to suspect impairment. Only then does it become mandatory to get tested.
If you violate implied consent law, you can still be arrested based on probable cause. The prosecution will gather other evidence to prove you were driving under the influence of drugs and alcohol.
Before refusing to submit to chemical testing, speak to Nathan J. Dineen to advise you on the best course of action. He’ll help you decide whether refusing is a good move based on your circumstances.
What are the Penalties for Refusing to Submit to a Breathalyzer Test?
Refusing to submit to an evidentiary blood or breath test for the first time results in administrative penalties, including license suspension for a year and the mandatory installation of an IID (Ignition Interlock Device). You also have to undergo assessment and treatment.
In addition to the Wisconsin DUI Refusal Penalties above, you need to wait for 30 days before you apply for an occupational license. If you submit to the evidentiary breath test, record BAC levels above the legal limit, and get convicted of OWI, your license will only be revoked for 6-9 months.
What are the Penalties for 2nd Offense Refusing a Chemical Test in Wisconsin?
A second breathalyzer refusal offense also attracts a one-year driver’s license revocation, mandatory installation of an IID for a year, a 30-day waiting period before applying for an occupational license, and having to remain absolutely sober.
If you have OWI convictions within the past ten years of the refusal charge, the penalties increase to:
- A 2-year driver’s license suspension
- IID installation for a maximum of two years
- There is a 90-day waiting period before applying for an occupational license. If you’ve had multiple OWI offenses within the past 5 years, then you wait for a year before applying for an occupational license. You still have to prove you maintained absolute sobriety.
In either case, the penalties double if you had a child below age 16 in the vehicle at the time of arrest.
What are the Penalties for 3rd Offense Refusing a Chemical Test in Wisconsin?
For a 3rd refusal offense, your penalties include:
- Driver’s license suspension for three years
- Mandatory installation of an IID for a maximum of three years
- There is a 120-day waiting period before applying for an occupational License. If you’ve had multiple OWI offenses within the past five years, your wait is 12 months, and you have to prove you remained absolutely sober.
How Long do The Police Have to Conduct a Chemical Test in Wisconsin?
After an arrest, the law enforcement officers have 3 hours to do a chemical test. Breath, blood, and urine samples taken three hours after the arrest are admissible but only when the prosecution provides expert testimony to determine the probative value.
Schedule a Consultation with Nathan J. Dineen Attorney At Law
Whether facing OWI charges or dealing with severe consequences of refusing a breathalyzer test, do not fight these legal battles alone. Attorney Nathan J. Dineen brings years of experience to strongly defend legal rights, including the legal consequences that come with such charges.
Contact Nathan J. Dineen Attorney at Law now, and discuss the case in a free and confidential consultation.
