Did you receive a refusal in Wisconsin? Many times, when someone gets a refusal in Wisconsin they are confused. You might be wondering how you could have received an OWI when you refused the chemical test.
In the state of Wisconsin the implied consent law indicates that anyone who operates a vehicle has the right to consent to a chemical test: blood, breath, or urine. The state needs to follow procedures for OWI to make an arrest.
After being placed under arrest, a driver is required to submit to the officer’s requested chemical test. If the driver does not comply, the driver will face penalties. The officer can still apply for a warrant to obtain a blood sample.
When you receive a refusal, the police will give you a “notice of intent to revoke” form, which initiates the refusal proceedings. The driver has 10 days to request a refusal hearing.
It is imperative that you contact a Milwaukee DUI attorney at Bayer Law Offices as soon as you can, to make sure that you file a request for your hearing. If the hearing is not requested within 10 days, your driving privileges will be revoked for refusal.
When you get a refusal hearing there are a number of important aspects that the judge will examine to determine the outcome of the hearing. For example, did the person actually refuse to submit to the chemical test? And if they did refuse, did the officer comply with their duty to inform the person about their obligations under implied consent law.
When building a defense, it is also important to make sure that the officer had probable cause to arrest the person for driving while impaired, and that they followed the arrest procedure correctly. Everyone has the right to due process.
Contact a Milwaukee DWI attorney at Bayer Law Offices today at (414)-939-9650 to find out more information.
In need of a qualified OWI attorney in Milwaukee, WI? Then give Bayer Law Offices a call today at (414)-939-9650 and speak to an experienced defense attorney.
Did you receive a refusal in Wisconsin? Many times, when someone gets a refusal in Wisconsin they are confused. You might be wondering how you could have received an OWI when you refused the chemical test.
In the state of Wisconsin the implied consent law indicates that anyone who operates a vehicle has the right to consent to a chemical test: blood, breath, or urine. The state needs to follow procedures for OWI to make an arrest.
After being placed under arrest, a driver is required to submit to the officer’s requested chemical test. If the driver does not comply, the driver will face penalties. The officer can still apply for a warrant to obtain a blood sample.
When you receive a refusal, the police will give you a “notice of intent to revoke” form, which initiates the refusal proceedings. The driver has 10 days to request a refusal hearing.
It is imperative that you contact a Milwaukee DUI attorney at Bayer Law Offices as soon as you can, to make sure that you file a request for your hearing. If the hearing is not requested within 10 days, your driving privileges will be revoked for refusal.
When you get a refusal hearing there are a number of important aspects that the judge will examine to determine the outcome of the hearing. For example, did the person actually refuse to submit to the chemical test? And if they did refuse, did the officer comply with their duty to inform the person about their obligations under implied consent law.
When building a defense, it is also important to make sure that the officer had probable cause to arrest the person for driving while impaired, and that they followed the arrest procedure correctly. Everyone has the right to due process.
Contact a Milwaukee DWI attorney at Bayer Law Offices today at (414)-939-9650 to find out more information.
In need of a qualified OWI attorney in Milwaukee, WI? Then give Bayer Law Offices a call today at (414)-939-9650 and speak to an experienced defense attorney.
"I was stopped for 20 over in a 30mph zone - a 6 point $149ticket. Attorney John Bayer had an affordable price and guaranteed that he could get it reduced to a 2 point defective speedometer ticket. All it took was a 5 minute phone call conversation to finalize things. He was able to attend court for me and he was able to get my ticket reduced to a 2 point parking violation. John is very friendly and made this process as easy as possible. I am beyond grateful for the outcome and I will be recommending him to everyone I know in the future."
"I was facing a fair amount of time as a guest of the state at the graybar hotel. Atty Bayer fought the good fight for me. He found a potential loophole in the law that he felt could get the charge against me dropped. The judge did not interpret the law the way Atty Bayer did, so unfortunately I lost the case. But because of the fight Atty Bayer put up, combined with other contributing factors of my case, I only got 1 year as a guest of the state. Not bad for a 6th offense, in Milwaukee county. I swear by Atty Bayer. He is a great attorney, & a really compassionate & kind man."
"Honestly one of he easiest interactions I’ve ever had with a lawyer. They stepped up handled my speeding tickets and anxiety about it no problem. Everything was handled in one call, they updated me through the whole process. Make them your first call for any kind of traffic trouble."
When confronted with an OWI charge or criminal charges, the situation can feel daunting and overwhelming. We are here to help you shape your path to a better outcome.
