drunk driving laws in wisconsin

refusals - refusing to submit to a test

Implied consent

A Wisconsin driver's license is issued along with an agreement of "implied consent" that simply means that your implied consent to be tested for drunk driving is given if you are ever stopped by police and asked to submit to a field sobriety test or a blood test.

If you refuse to submit to the test

If police request a licensed driver to submit to a test, and the driver refuses, the department of transportation will automatically suspend the driver's license and driving privileges in the state of Wisconsin. If the driver does not refuse, and the test proves that the driver's blood is over the legal limit, the same result will occur.

probable cause must exist

The police must first have probable cause to stop a person. If they lack probable cause, they may still stop the person, but your attorney can challenge the stop. If the court agrees that it was an illegal stop (meaning it lacked probable cause), then the evidence acquired during the stop can be challenged.

evidence of drunk driving

If the courts find that the police stop and arrest was illegal, then the evidence acquired by the police after they made an illegal stop can be challenged, and will likely be inadmissible.

If you refuse to submit to a test, then the state will lack the evidence from the test. While a lack of evidence will prevent the state from bringing charges for a violation of the prohibited alcohol content level law (PAC) for a blood alcohol content (BAC) in excess of the legal limit, that does not prevent the state from bringing charges for operating while under the influence (OWI).

Warning: if you refuse a test, you have 10 days to save your driver's license.

Drunk Driving Defense Lawyer

Attorney Jonas Bednarek will defend you and your rights against any type of drunk driving offense, any level of driving driving charge, and during all administrative and court hearings, including:

• Challenging whether the initial police stop was legal.
• Arguing to protect your rights during an illegal search and seizure (an arrest is a seizure).
• Defending your right to refuse to submit to a breath or blood test.
• Protecting your driver's license during the administrative hearing.
• Representing you during all court actions, motions, and hearings.
• Seeking the best possible outcome during any negotiations (plea bargains).
• Defending you at trial.

The information about Wisconsin drunk driving laws outlines the general allowances permitted, fines and jail time.

Free Initial Consultation

If you have been arrested for driving while under the influence, please contact Bednarek Law Office for a free initial consultation.