Can I Refuse a Breath Test in Wisconsin?

After attending a social event and drinking a moderate amount of alcohol, many people feel comfortable driving. But if a police officer pulls them over, they do not know if they are over the legal limit. A driver in Wisconsin is legally intoxicated if they have a blood alcohol concentration (BAC) of 0.08 percent or higher for 1^st, 2^nd, or 3^rd offense OWIs. If a person is charged with an OWI 4 or higher, the per se limit is .02 rather than .08.

If an officer believes you may be impaired, and can point to specific reasons why they believe that, you may be asked to take field sobriety tests. If you say no, you may be then asked to submit to a PBT. Under Wisconsin law, drivers can refuse to take a preliminary breath test or field sobriety test without their license being revoked because a PBT is a tool law enforcement can use to determine if they have probable cause to support the arrest. If you refuse to submit to a PBT, the officer can use that as a basis to arrest you. If the officer reads you the Informing the Accused form, you do not have the right to an attorney present with you. You have to make a decision after the form is read to you. If you say yes, a chemical sample of your blood, breath, or urine will be obtained. If you say no, you may face other consequences such as your license being revoked, subject to an IID in your vehicle, and have to complete the Intoxicated Driver Program to reinstate your license.

If you have been arrested in Wisconsin, it is important that you not answer questions additional questions about where you were or what you did without having an attorney present on your behalf. The experienced attorneys at Cohen Law Offices can be present with you – in person or via phone – during any police questioning to ensure that your legal rights remain protected. We can also represent you during all court proceedings that take place in your criminal DUI or OWI case.

To learn more about how we could assist with defending you against your pending charge, please call Cohen Law Offices today at (715) 514-5051 or contact us online.

What is the Implied Consent Law?

Wisconsin's implied consent law is part of the small print on an individual's license to drive. The law states that by operating a motor vehicle on a Wisconsin roadway, you impliedly consent to chemical testing if a police officer pulls you over and requests it. For the police officer to request chemical testing, they must have probable cause that you may be operating a motor vehicle while impaired. In addition to potential penalties related to a conviction for refusing chemical testing, prosecutors could use your refusal in court to demonstrate that you are guilty of OWI — even if you never underwent chemical testing.

However, if you do take the chemical test and fail it, you could request an alternative test. This is usually in a driver’s best interest because an alternative test could obviously yield a more favorable result. If you complete the first requested test, the second test is free and may assist in your defense.

Avoid Incriminating Yourself Verbally

When a police officer stops you for suspected OWI or DUI, it is important that you not incriminate yourself verbally. Even though an officer might appear friendly or helpful, the police officer's job is to try and get you to admit to something that's incriminating. Moreover, if the police officer asks you if you had a recent drink or how much you had to drink, you should not answer the question. Likewise, if the officer asks if you know why you were pulled over, you should indicate that you do not. This is because the officer could have pulled you over for any number of reasons, such as erratic driving, speeding, or something else.

Call an Experienced Criminal Defense Lawyer about Your Pending Case Today

If you are facing a criminal charge for OWI or DUI, we may be able to help. For a free case evaluation and legal consultation with a knowledgeable criminal defense attorney, please call Cohen Law Offices today at (715) 514-5051 or contact us online.