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1/13/2025

Refusing a Breathalyzer Test in Wisconsin: What Happens Next?

When you’re stopped by law enforcement and asked whether you’ve been drinking, you must make critical decisions quickly—one of which is whether to consent to a breathalyzer test. Under implied consent laws in every state, you’ve already agreed to submit to such tests if an officer suspects you of driving under the influence. 

While you have the right to refuse a breathalyzer, it’s essential to understand that doing so can result in additional charges and penalties, even if you weren’t impaired. A refusal will often lead to consequences like license suspension or fines, which are separate from the DUI or OWI charges themselves. If you’re facing allegations of a breathalyzer refusal or a suspected DUI, consulting an experienced Wisconsin OWI attorney is essential to build a strong defense and protect your rights and driving freedoms. 

The Implied Consent Law in Wisconsin

Implied consent laws can create a challenging legal landscape for anyone suspected of driving under the influence who refused a breathalyzer test. Refusing such tests can trigger serious consequences, including an automatic license suspension and steep fines even if you weren’t intoxicated. However, the process of enforcing implied consent laws is not always straightforward and may involve procedural errors or questionable evidence from the law enforcement officers involved in your stop. Working with an experienced legal team will enable them to evaluate the legality of your stop and create a strong case to challenge the evidence. 

Penalties for Refusing a Breathalyzer Test

Like any law, if you break the implied consent law, you face the penalties and consequences for making that decision. While you are legally allowed to refuse the test, the penalties can often be severe and have a lasting impact on your driving privileges and record. Penalties may include:

  • Automatic License Suspension: A first offense typically results in a license suspension of up to one year
  • Ignition Interlock Device: You may be required to install an IID on your vehicle
  • Education Courses: Mandatory enrollment in a substance abuse class and program
  • Additional Penalties for Repeat Offenses: Subsequent refusals or offenses can lead to stricter penalties as they will remain on your record

If you’re facing charges after refusing a breathalyzer test, consulting with an experienced DUI attorney is your best defense to protect your rights. 

Fighting a Refusal Charge

Fighting a refusal to take a breathalyzer test in Wisconsin requires a strong legal strategy and the experienced representation of a criminal defense attorney focusing on DUI defense. After receiving charges, your legal team will work to fight the charges and ultimately have them expunged from your record to restore your rights. Some ways they may challenge the charges are:

  • Challenging the legality of the traffic stop
  • Investigating for errors made by law enforcement during the stop
  • Determine if any evidence was mishandled

Uncovering any missteps law enforcement made will be the first defense if you’ve broken Wisconsin’s implied consent laws. With knowledgeable and experienced legal support, you can effectively protect your rights and minimize the refusal's impact on your record.

Contact Schiro Criminal Defense for a Free Consultation

Facing drunk driving charges can be daunting, but the added weight of a refusal charge can be truly overwhelming. Potential consequences include jail time, hefty fines, and license suspension. In the worst-case scenario, these charges could severely impact your future employment prospects.

Our experienced Milwaukee OWI attorneys at Schiro Criminal Defense are dedicated to providing you with the strong legal guidance and aggressive representation you need to navigate these complex charges. We'll fight tirelessly to protect your rights and secure your freedom.

Contact us today for a confidential consultation.

In your time of need, count on us for legal guidance. Call (414) 277-9696 today, and let’s discuss the right way forward together.

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