Refusing a BAC Test and Implied Consent in Wisconsin

If a law enforcement officer stops you in Wisconsin under the suspicion you're driving while intoxicated, you may have to submit to test of your blood, breath or urine. Laws and penalties regarding BAC testing vary by state. Here's what you should know about implied consent, and what can happen if you refuse a sobriety test

What Is a BAC Test?

Your blood alcohol concentration level or BAC measures how much alcohol or levels of certain drugs you currently have in your system. When you're stopped for an operating while intoxicated (OWI) infraction, the officer may ask you to submit to a breath, blood, or urine test to determine your BAC level.

The request for a breath, blood, or urine test can only occur after a valid arrest. If you have a BAC level over the legal limit for your case, or if you're under the influence of any intoxicant, you will receive an OWI charge. A conviction for that charge will come with various consequences depending on the details of your specific situation.

You may feel it's in your best interest to argue against the need for a BAC test or outright refuse one. However, in Wisconsin, refusing a BAC test also comes with penalties, as your refusal violates the implied consent laws of the State.

What Are the Implied Consent Laws?

If you have a driver's license in Wisconsin, you have given consent to administer a BAC test if there's probable cause. The implied consent laws apply to everyone who operates a motor vehicle on public roads in the State.

What Can a BAC Test Refusal Lead To?

Because you have already, technically, given consent for BAC testing, a refusal of the test can lead to penalties. Your refusal isn't a criminal act in Wisconsin, so you don't have to worry about additional charges stemming from it. Nevertheless, the potential penalties involved with refusal can make things a lot harder for you.

Understand you do have the right to refuse BAC testing, but you must also understand what can happen if you do.

You Can Temporarily Lose Your License

Every time you improperly refuse a BAC test, you will receive a license revocation. This particular penalty is a cumulative one, so a refusal several years back will still count if you refuse a BAC test in the present.

Thus, if you get a second refusal conviction, the penalties against your license increase with each additional refusal. The Court can also count any other revocations, suspensions, or convictions when coming up with the penalty length.

If you're convicted for an OWI with a passenger under 16 years old, your license revocation period will double.

You May Have to Go Into a Treatment Program

Your refusal can lead the Court to order you into a treatment program to get an assessment of your possible levels of drug or alcohol abuse. Your assessment will also include a driver safety plan, which can restrict your driving privileges. You will not get your regular license back until you complete all ordered requirements.

You May Need to Use an Ignition Interlock Device (IID)

As part of a driver safety plan or any other court-ordered revocation of driving privileges, you may have to use an IID. These devices require you to test your BAC by blowing into the device before you drive.

If the device detects alcohol, you can't start the car. Some IID's require you to periodically test your BAC at intervals rather than just once when you first get into your car.

You Can Weaken Your Case

A refusal can sometimes seem like an admission of guilt and the State can argue this fact to a jury. While the refusal alone isn't enough to convict you, it can add to arguments the prosecution presents. If you do refuse the BAC test, there are some remedies to help you turn over some of these penalties. A refusal will still lead to an immediate arrest and an immediate license revocation.

The potential penalties for refusing a BAC test will only add to the problems a full OWI conviction can come with. Even without the OWI charge, the penalties for test refusal can become a problem if you need to drive for work or just to take care of your general responsibilities.

You can fight any OWI charge. Defenses for combatting BAC test results exist, along with defenses for combatting an OWI charge in general. Whether you refuse the BAC testing or submit to it, you should immediately contact a criminal defense lawyer. There are strict timelines to properly address a refusal allegation or you automatically will lose your license.

Contact the Cohen Law Offices (715) 514-5051 as soon as possible to gain representation for your OWI case in Wisconsin.