Wisconsin DUI Lawyer and Refusal Hearings
WARNING! You have 10 Days to challenge your Refusal!
If you do not request a refusal review hearing within the first ten days after your DUI charge, you will lose the right to challenge it later on. If you have been charged with a DUI and/or Refusal you must contact a Milwaukee DUI Lawyer immediately to preserve your rights. If you miss this ten day timeframe the penalties will be swift and severe.
What is a Refusal?
You may be charged with a Refusal if you refuse to submit to an officer’s request for an evidentiary chemical test (i.e. blood, breath, or urine test). This charge is derived from the Wisconsin Implied Consent Law which states that if you have a Wisconsin Driver’s License you are automatically giving your implied consent for the state, through it’s officers, to conduct an evidentiary test to determine intoxication.
What is a Refusal Hearing?
If requested within the appropriate time period, a refusal hearing will be set to determine if your refusal of an evidentiary test was unlawful. A refusal hearing is separate from the typical traffic or criminal process that you may face for an OWI / DUI charge.
What is the difference between a Refusal and an OWI / DUI?
The common perception is that a refusal and an DUI are the same thing. This is absolutely false. A refusal carries stiffer penalties including a mandatory Ignition Interlock Device when compared to an OWI first offense which has less of a driver’s license suspension and potential for no Ignition Interlock Device.
Will I lose my license for a refusal?
The short answer is Yes. However, if a refusal hearing is properly requested and scheduled, the revocation will occur after the hearing within the correct time frame. The length of revocation is determined by factors of the arrest and the offense. If you have multiple refusals or OWIs, it will result in longer periods of revocation.
What Issues are addressed at a refusal hearing?
1. Whether the officer had probable cause to believe that the person violated an impaired-driving law and lawfully arrested the person for that violation.
2. Whether the officer complied with the statutory duty to inform the person about their obligations under the implied consent law.
3. Whether the person refused to submit to testing requested by the officer.
Wis. Stat. 343.305(9)(5)
I did not understand the Implied Consent Law when the officer read it to me. Do I have a defense for refusing the chemical testing?
The answer is No. Any defense based on confusion is not recognized due to the likely intoxication of the individual in question as long as the officer followed the proper procedure and read the proper paperwork.
If you have questions regarding a blood or breath test refusal please contact VANDEN HEUVEL & DINEEN, S.C. for an initial consultation at 1-877-384-6800.