Wisconsin’s implied consent law affects anyone who drives on the state’s public roads. Under the law, drivers are deemed to have given consent to certain chemical testing when an officer makes a lawful request under the statute. A driver can refuse a requested test, but that decision can lead to license revocation and other consequences. Understanding how the law works can help you recognize what to expect if an officer requests chemical testing.
How implied consent works in Wisconsin
When you drive on Wisconsin’s public roads, the law deems you to have given consent to chemical testing under certain circumstances. For an ordinary operating while intoxicated (OWI) investigation, an officer generally must have probable cause to believe you were driving under the influence before requesting a chemical test. The test may involve a breath, blood or urine sample to check for alcohol or controlled substances.
Officers must provide information about the testing request and the consequences of refusal. They generally use Wisconsin’s standardized “Informing the Accused” form to explain these consequences before asking whether you will submit to testing.
The process gives you a choice: you can submit to the requested test or refuse it. Refusal, however, can lead to a separate revocation of your driving privileges. The test results or the fact that you refused may also be used in court.
Consequences of refusing chemical testing
Refusing a chemical test can trigger a license revocation separate from any OWI charges you may face. A first refusal generally results in a one-year revocation. Repeat refusals can lead to longer revocation periods, depending on your driving record and other circumstances.
You can face these consequences even if an OWI charge does not result in a conviction. Wisconsin also allows the fact that you refused testing to be used as evidence in court.
Refusal can carry other consequences as well. For example, Wisconsin requires ignition interlock devices for drivers who refuse certain breath or blood tests at a traffic stop.
When testing may be required
The rules depend on the circumstances surrounding the stop or crash. In a typical OWI case, an officer may request chemical testing after arresting a driver for an applicable OWI offense. The officer generally must have probable cause to believe the driver committed the offense.
Wisconsin also has a separate provision for certain serious crashes. If a vehicle is involved in an accident that causes death or great bodily harm, an officer may request a chemical test only if the officer has reason to believe the operator violated a qualifying state or local traffic law and the officer detects the presence of alcohol or drugs.
These rules can also apply differently when a driver is unconscious or otherwise unable to withdraw consent. In those circumstances, Wisconsin law provides different procedures for obtaining chemical samples.
Your rights during the testing process
Wisconsin’s implied consent law does not give you a general right to consult with an attorney before deciding whether to submit to a chemical test. Wisconsin courts have held that the right to counsel does not apply to this stage of the implied consent process.
You can refuse a requested test, but doing so can result in license revocation and other consequences. If you believe an officer improperly treated your response as a refusal, Wisconsin provides a process for challenging the revocation through a refusal hearing.
Understanding your obligations
Wisconsin’s implied consent law creates specific obligations for drivers who face a lawful request for chemical testing. Driving on Wisconsin’s public roads means the law deems you to have given consent to testing under certain circumstances, but you can refuse a requested test and face the consequences.
A refusal can lead to a separate license revocation and may affect an OWI case. Knowing how the testing process works and what can happen after a refusal can help you understand what is at stake when an officer requests a chemical test.