Should You Submit to a Breathalyzer?

Whether you should submit to a breathalyzer test – or “blow” – is a question that every OWI attorney is asked many times throughout their legal career. It is one where there is no one-size-fits-all answer. The best answer that we can give is that it depends on the circumstances of your traffic stop.

There are some attorneys who will tell you to always refuse the Breathalyzer test. However, there are penalties in Wisconsin for a refusal to take this test when asked. In Wisconsin, if you have a driver’s license, you have given implied consent for officers to test you for drugs and alcohol to determine sobriety. Fortunately, if you have been arrested for OWI, an experienced criminal defense lawyer at Cohen Law Offices can help you, regardless of whether you agreed to a breathalyzer test.

There Are Penalties for Refusing a Breathalyzer

There are serious penalties for refusing to allow a sobriety test. These are generally higher than a first-time OWI charge. In addition, your refusal to take a Breathalyzer can be used against you in court. If this were your second offense, the penalties are even steeper. Drivers should know that they cannot evade conviction by refusing to allow this test.

However, taking a Breathalyzer test will mean that you are providing law enforcement with evidence that they can use against you in court. Depending on how intoxicated or inebriated you are, you could be facing serious punishment. In Wisconsin, the penalties can escalate based on your level of intoxication. There may be some cases where the punishment for refusal to take a field sobriety test is less than you would receive for a serious OWI charge.

This Is Always a Difficult Decision

The decision about whether to submit to a Breathalyzer test is a difficult one. You are making it under serious pressure in a very short timeframe. It is often hard to think clearly when a police officer is pressing you to take the test. You do not get time to retreat to a safe space to think about the decision. Nor do you have time to call an attorney to get their legal advice.

However, we must draw a distinction between a Breathalyzer test and a field sobriety test. You do not legally have to submit to a field sobriety test. However, refusal to submit to this test, along with the way that the officer saw you driving, could give them probable cause to arrest you on suspicion of OWI.

The advice that we can give you is to call an attorney right after you are arrested and allowed to make a phone call. Your OWI lawyer will advise you on what you should do following your arrest. Then, they would work with you on your legal path forward once you are released and figuring out how to deal with the charges against you.



Contact an OWI Attorney Today

Call the experienced attorneys at the Cohen Law Offices at (715) 514-5051 or contact us online if you have been arrested for OWI. We can help you develop a legal strategy and work towards the best possible outcome in your case. Don’t face your hardship alone.