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Refusing DUI Tests in Wisconsin

The police can stop someone they suspect of driving under the influence and legally request them to take DUI or OWI Blood tests. These DUI or OWI tests may or may not be used to prosecute the offender, depending on whether the stop was legal. If you are operating a vehicle, refusal to take the DUI tests can result in the suspension of your license. A test result itself does not prove drunk driving and to avoid being convicted, it is important to get in touch with an experienced attorney who can provide you with a strong defense and hopefully save your license.

At Eisenberg law Offices, S.C., in Madison, Wisconsin, our skilled team of DUI and OWI Attorneys have experience with drunk driving cases and can get you the justice you deserve. Contact us immediately for a free, initial consultation.

What Are OWI And DUI Tests And What Are The Consequences Of Refusing OWI Or DUI Tests?

OWI and DUI tests include a number of tests called standardized field sobriety tests which the police use after they stop someone they suspect of drunk driving. These can be:

  • Standing on one leg for 30 seconds (one leg stand)
  • Walking and turning (walk and turn)
  • Horizontal and vertical gaze nystagmus
  • Blood alcohol concentration level testing with an intoximeter
  • OWI and DUI Blood tests

According to Wisconsin law you must take a blood, breath, or urine test if you are legally arrested for an OWI or DUI. Under Wisconsin’s implied consent law, refusing OWI or DUI tests results in an automatic suspension of your driver’s license. You can demand a refusal hearing within ten days. If you do not prevail, you will lose your license for up to three years based on past convictions.

The penalties for refusing OWI and DUI tests start with the suspension of your license for one year. Thirty days later, you can apply for a restricted or occupational driving license. If another refusal occurs within the next ten years, your license is suspended for two years, entitling you to an occupational license after 90 days. Third and subsequent refusals result in a three year suspension of your license and the issue of an occupational license after 120 days.

To avoid the consequences of refusing OWI and DUI blood tests and a drunk driving arrest, consult the experienced OWI and DUI attorneys at Eisenberg law Offices, S.C., in Madison, Wisconsin. Our skilled team of OWI and DUI Attorneys can help protect your license and get you the settlement you deserve. Contact us immediately for a free, initial consultation.



Eisenberg Law has successfully represented our clients in thousands of Personal Injury, Criminal Defense and Family Law Cases during our 30-plus years in business.