The law in the state of Wisconsin has an “implied consent” provision, meaning that by driving in our state, you consent to provide a sample of blood, breath or urine if there is probable cause to believe you are driving under the influence. If you are over 21 years old, the law defines intoxication as driving with a BAC of 0.08% or greater.
If you are stopped, taking a preliminary breath test is not mandatory. However, if an officer believes you are intoxicated or under the influence of some other substance, they can make an arrest and then request the mandatory breath or blood sample at the station. Refusal to take the required test in the first place may result in separate and significant penalties over and above a drunk driving / OWI / DUI conviction, often translating into into a longer license revocation period and mandatory installation of a breath interlock device.
Wisconsin has some of the toughest OWI DUI laws in the nation. If you are arrested for drunk driving, you can face serious charges, particularly if you are involved in an accident resulting in injury or death. Contact the Law Offices of Andrew C. Ladd for help if you have been charged with a Wisconsin OWI.
