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Refusing A Blood Test Under Wisconsin OWI Law

The Consequences Of Refusing A Blood Test Under Wisconsin OWI Law

If you are pulled over on suspicion of Operating While Intoxicated (OWI) in Madison, WI, you will likely be asked to provide a blood sample so the officer can determine whether or not you meet Wisconsin’s .08 BAC threshold for intoxicated driving. Some drivers think that by refusing a blood test, they can avoid being charged with OWI and save themselves from being cited and fined.

Unfortunately, that’s not how it works. Wisconsin is considered an “implied consent” state. That means that as a driver in the State of Wisconsin, you agree to chemical breath testing, blood tests, or urine tests if law enforcement has probably cause to request it. By refusing a test of your breath, blood, or urine you can face additional charges or consequences that impact your driving privileges.

Consequences Blood Draw Compliance Vs. Refusal

First-time OWI offenders will be asked to provide a blood or breath sample. If the driver complies, he or she can expect:

  • A fine
  • 6-9 month driver’s license revocation
  • AODA assessment with follow through treatment
  • The possibility of an ignition interlock device on their vehicle for 12 months (depending on the BAC)
  • Immediate eligibility for occupational license in most circumstances

First time offenders who refuse a blood test can expect:

  • A fine
  • 12 month driver’s license revocation
  • AODA assessment with follow through treatment
  • 12 month ignition interlock device on your vehicle
  • 30 day wait period for occupational license

As you can see, the consequences are actually more severe for drivers who refuse to provide a blood sample than for those who comply with law enforcement’s request. Refusal penalties increase for second and subsequent OWI offenses. In fact, refusing to provide a blood sample for second offenses or higher usually leads police to obtain a search warrant for a blood draw, although search warrants can also be obtained for first offenses as well. By refusing a blood test, a driver may set him or herself up to receive citations for OWI, Refusal, and Operating with a Prohibited Alcohol Concentration!

Contact Eisenberg Law Offices After Being Charged With OWI In Madison, WI

Wisconsin’s OWI laws are not as straightforward as drivers may think and it’s possible to make the situation worse by refusing to cooperate with law enforcement. A qualified OWI defense attorney can help drivers navigate charges of OWI in Madison, WI and protect their rights at the same time.

Eisenberg Law Offices represents first time and repeat OWI offenders throughout Wisconsin. Our clients include drivers who refuse to take a blood or breath test as well as those who comply with law enforcement’s request. There are many variables at play in every OWI case and several opportunities to fight the charges.

Working with an experienced OWI attorney is the best way to protect yourself from the fines and loss of driving privileges associated with a conviction as we will explore every possible defense option available to try and get your charges dismissed before they affect your life. A charge of OWI does not guarantee a conviction. Let the OWI attorneys at Eisenberg Law Offices be your advocate and fight the charges against you. Contact Eisenberg Law Offices in Madison, WI for a free OWI case consultation by calling 608-256-8356 or emailing