“Should I Refuse a Test?”

When you apply for and are issued a driver’s license in Wisconsin, the license is issued along with an agreement of “implied consent.” “Implied consent” means that in consideration of being issued a driver’s license, you are consenting to be tested for drunk driving if you are ever stopped by a police officer and asked to take a test. This includes a field sobriety test or a blood test. If you refuse to submit to a test to determine whether you are driving with a prohibited blood alcohol level, police have the authority and right to arrest you for drunk driving because the refusal establishes probable cause for arrest.

Furthermore, if you refuse a test, the Department of Motor Vehicles will subsequently issue a “Notice of Intent to Revoke.” This will automatically suspend your driver's license and driving privileges. If you do not refuse, and the test proves that your blood is over the legal limit, the same result will occur. This is a separate lawsuit from the drunk driving case and has similar rules to a standard civil case. It is important to note that if you refuse a test, you have only ten (10) days to demand a refusal hearing. If you fail to request a refusal hearing within ten (10) days, your license could be taken for a minimum of one (1) year and potentially up to three (3) years (depending on how many prior convictions you have).

Unfortunately, there is no right answer to whether one should refuse a test or not. You will likely be arrested regardless of whether or not you refuse the test. By refusing to take the test, however, the state will lack evidence that they would otherwise have had you took the test. The lack of evidence may prevent the state from bringing charges against you for a violation of the prohibited alcohol content level law (PAC) for a blood alcohol content (BAC) in excess of the legal limit. However, it does not prevent the state from bringing charges for operating while under the influence (OWI).

Accordingly, refusing a test can offer unique and important defenses. Moreover, special procedures exist in refusal cases that differ from a normal OWI case. If you have been arrested for drunk driving, your license is in jeopardy. It is important to act quickly and to contact an attorney.

If you have been arrested, please contact the law firm of Neuberger, Wakeman, Lorenz, Griggs & Sweet immediately. An attorney will be able to offer you a free professional consultation regarding your drunk driving case. The attorney can provide you with invaluable advice regarding your rights and privileges under the laws of Wisconsin.