Can You Refuse a Breathalyzer in Wisconsin?
It is one of the most common questions drivers ask after a traffic stop goes wrong: can you refuse a breathalyzer in Wisconsin? The short answer is that you can physically refuse, but doing so carries serious and automatic consequences for your driver’s license, and it will not necessarily keep the State from obtaining evidence against you. Wisconsin’s implied consent law makes refusal its own violation, separate from any drunk driving charge. If you have been arrested for OWI or cited for refusing a chemical test, the criminal defense attorneys at Hogan Eickhoff can protect your license and your record. Understanding how the law works is the first step. Wisconsin’s Implied Consent Law Under Wisconsin Statute Section 343.305, anyone who drives on Wisconsin roads is deemed to have already consented to chemical testing of their breath, blood, or urine when a law enforcement officer has probable cause to believe they … Continued