Can You Be Convicted of OWI if You Refuse a Breathalyzer?

After you have been drinking, getting pulled over can be a terrifying experience - even if you only had a couple of polite glasses of wine with dinner. Police are on the lookout for people who have been drinking and driving, and any alcohol on your breath could result in you spending the night in jail.

Many people are under the impression that refusing a breathalyzer test will keep essential evidence out of the hands of the police and prosecution, potentially making it easier to beat their charges later. While every case is different, the reality is that prosecutors can use a variety of evidence to establish intoxication, and refusing to take a breathalyzer will not prevent a conviction.

“Per Se” OWI in Wisconsin

Under Wisconsin law, if you have a blood alcohol concentration of .08 or more, that is the only evidence that the prosecution needs to prove intoxication. This type of OWI is often referred to as "OWI per se." Notably, you can still be convicted of OWI per se even if you do not show any other signs of intoxication.

If you refuse the breathalyzer or have a BAC of under .08, you can still be convicted of OWI if the prosecution can show that you were intoxicated to the extent that it rendered you incapable of safely driving. Some of the evidence that may indicate intoxication includes:

• Your appearance and demeanor
• The odor of alcohol coming from your person
• Your performance on field sobriety tests
• Your mental state

Potential Defense to OWI

Fortunately for people accused of OWI, there are often defenses available that may result in the case against you being dropped, a more favorable plea deal, or an acquittal at trial. Some of the most common OWI defenses include:

• Challenging the validity of the initial traffic stop
• Providing alternative explanations for the signs of intoxication observed by the arresting officer
• Impeaching the credibility of the arresting officer’s narrative

Importantly, there may be defenses available even if you did submit to a breathalyzer. For example, if the breathalyzer device was not properly calibrated or the test was improperly administered, it may be possible to prevent the results from being used against you. Similarly, certain medical conditions have been shown to result in higher-than-accurate breathalyzer results. If you have such a medical condition, it may cast sufficient doubt on your test results to obtain an acquittal or more favorable plea bargain.

Call Cohen Law Offices Today to Speak with an OWI Defense Lawyer

If you have been accused of drunk driving, you need speak to an experienced OWI attorney Call Cohen Law Offices at (715) 514-5051 for a free case evaluation, or contact us online. We are dedicated to protecting the rights of the accused and bringing every case we take to the most favorable resolution possible