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OWI Refusal To Test

Wisconsin Drunk Driving

DO NOT REFUSE TO TAKE BREATH BLOOD OR URINE TESTS AT A DRUNK DRIVING STOP. Why you should not refuse to take the chemical test or tests:

  • 1. The police are going to get a warrant and draw your blood anyway. In first offenses they may not draw your blood, but will assume you were over .25 and give you the most severe drunk driving penalties.
  • 2. There are separate penalties and it is a separate offense that counts the same as a drunk driving for refusing to take the test—even if you win the drunk driving.
  • 3. The penalties for refusing to take the chemical test result in a more severe revocation than if you were over .25
  • a. If you refuse to submit to a chemical test of your blood on a first offense your license will be revoked for 1 year. For the first 30 days of the revocation you may not have an occupational license.
  • b. If you refuse to take a chemical test relating to a suspected OWI a second time your license will be revoked for 2 years and you may apply for an occupational after 90 days.
  • c. If you refuse to take a chemical test relating to an OWI a third time your license will be revoked for 3 years and you may apply for an occupational after 120 days.
  • 4. The police are entitled to ask for more than one test. If you refuse any test you will be charged with a refusal.

Please also see: OWI Test Refusal, OWI Test Refusal Penalties, OWI Test Refusal Hearings

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