Refusals in wisconsin

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.

Notice of Revocation 10 days to Request a Hearing:

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 lawyer at Lee Law Firm 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.

Refusal Hearing:

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 arrest procedure correctly. Everyone has the right to due process.

Chemical Test Refusal Penalties:

1st Offense
Fine: None
Confinement: None
Driving Consequences: 1 Year Revocation, 1 Year IID.
Period to Wait for Occupational DL: Can apply after 30 days

2nd Offense (no prior OWI within 10 years)
Fine: None
Confinement: None
Driving Consequences: 1 Year Revocation, 1 Year IID.
Period to Wait for Occupational DL: Can apply after 30 days

 

2nd Offense (prior OWI within 10 years)
Fine: None
Confinement: None
Driving Consequences: 2 Year Revocation, 1-2 Years IID.
Period to Wait for Occupational DL: Can apply after 90 days, except if 2 or more offenses within 5 years: Can apply after 1 year

3rd Offense or Greater
Fine: None
Confinement: None
Driving Consequences: 3 Year Revocation, 1-3 Years IID.
Period to Wait for Occupational DL: Can apply after 120 days except if 2 or more offenses within 5 years: Can apply after 1 year

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JOHN T. BAYER

John Bayer grew up in Green Bay, Wisconsin. After graduating with his B.A in English from the University of Wisconsin-Madison in 2006, John earned his law degree from Marquette University Law School in 2009. He continued to go on and passed the California State Bar Exam.

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