If you’ve ever been pulled over on suspicion of drunk driving, you may have heard the term “implied consent.” This can play a big role in Operating While Intoxicated (OWI) cases. But what are implied consent laws, and how do they apply in Wisconsin?

This means that by choosing to drive on the state’s roads, you are automatically agreeing to take a chemical test if police believe you’re under the influence of alcohol or drugs. This is part of the deal when you get behind the wheel.

Here is how this law works, when it kicks in, and what happens if you refuse to cooperate.

What Is Implied Consent?

Implied consent laws exist in every state, and you can find Wisconsin’s version under Wis. Stat. § 343.305. If you are driving a vehicle in Wisconsin and a police officer has reason to believe you are impaired, you have already agreed by law to take a chemical test to determine your blood alcohol concentration (BAC) or check for drugs in your system.

However, this does not mean officers can test you on a whim. They need probable cause to arrest you for OWI before they can require a formal test. And once they do, they must explain your rights and the consequences if you say no.

What Types of Tests Fall Under the Law?

Once you are placed under arrest for OWI, the officer may ask for one of three types of chemical tests:

• Breath test: This is done with a machine at the police station.
• Blood test: It is used when drug use is suspected or when a breath test is impractical.
• Urine test: This test is less common but may be used in drug-related cases.

These differ from the preliminary breath test (PBT) taken at the roadside. That handheld breathalyzer is used to help the officer decide whether to arrest you. However, it does not trigger implied consent penalties if you refuse it.

Can You Say No?

Yes, you can refuse to take the test. But when you do, it comes with serious consequences, even if you have never been convicted of OWI. If you refuse a chemical test in Wisconsin, you can expect:

• Your driver’s license will be automatically revoked for at least one year for a first offense.
• You may be required to install an ignition interlock device (IID) on your vehicle, especially if your BAC was later confirmed to be over the legal limit or if you have prior offenses.
• The refusal can be used against you in court. A prosecutor can argue that you refused because you knew you were impaired.
• You will have to complete an alcohol or drug assessment and possibly treatment.

For commercial drivers, a refusal can mean a one-year disqualification from driving commercial vehicles. This can happen even if the incident occurred in your personal vehicle.

Are There Any Defenses?

Not every refusal leads to a slam-dunk case for the state. There are situations where a driver’s refusal might be challenged. For example:

• Did the officer properly explain your rights and the consequences of refusing?
• Was there actual probable cause for the arrest?
• Were there medical issues that made it hard or impossible for you to provide a sample?

If something about the arrest or the testing process was not handled correctly, your criminal defense lawyer may be able to fight the refusal or reduce the penalties.

Learn More About Wisconsin’s Implied Consent Laws

It can be easy for many people to assume you can “say no” to a chemical test and move on. But these consequences can be swift and serious. From losing your license to facing mandatory assessments and court proceedings, refusal comes with a cost.

If you’re facing any OWI charges or a test refusal, you will want to seek experienced criminal defense help. At Melms Law, our team is ready to fight these charges against you. Contact us today to schedule a consultation.