Refusals & Implied Consent
In addition to undergoing a field sobriety test, a driver who is stopped for a suspected DUI may also be asked to agree to a chemical test in order for law enforcement officers to determine his or her blood alcohol concentration through chemical testing. If a driver refuses to perform the test, penalties may be imposed. Wisconsin has an “Implied Consent” law which essentially states that a law enforcement official pulls over a driver who operates a motor vehicle and suspect he or she may be under the influence of alcohol, drugs medication or any other substance, the driver of the vehicle “implicitly consents” to supplying the law enforcement official a sample of his or her blood and/or breath for a chemical test.. If he or she doesn’t do the chemical testing or a test, the driver is charged with an offense called, not surprisingly, a refusal to submit. An implied consent test refusal offense carries with it all the penalties and jail time an OWI does.
Blood test and urine test device samples are done by the State of Wisconsin Hygiene Department Lab tests for alcohol usually take under a month whereas tests or “screens” as they are known as take months depending on your zip code. The purpose of determining and testing your blood alcohol content or drug level can be a bac detractor or defense in your case but refusal can only hurt. An attorney may use this testing information to help your case but refuse the chemical test and the attorney has nothing. If you refuse to submit to the OWI test request you are not helping your OWI attorney by giving any evidence to defend you in court.
Refusing To Supply A Blood, Breath or Chemical Test Sample
If you’ve been arrested for operating a motor vehicle while intoxicated (DUI or DWI) in Wisconsin for an implied consent refusal owi, you are facing serious disruptions to your life. A first drunk driving implied consent charge with no injuries or other special circumstances comes with a license suspension, high fines/fees and skyrocketing auto insurance rates.
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Appreciate The Seriousness Of The Situation And The Implied Consent Law
A driver operating a motor vehicle while impaired charge either by alcohol or drugs with no injuries or other special circumstances comes with a license suspension of one year or more, high fines/fees and skyrocketing auto insurance rates. The implied consent laws don’t help. More serious charges can come with longer license revocations, possible mandatory jail time and other high OWI and DUI revocation and penalties again like years in prison and probation. All of this can cause problems at work, including license revocation, discipline or firing. Difficulties meeting work, school or family obligations with license revocation issues. That’s why it is important to take action as soon as a person is charged with refusing to submit to a test to determine their bac. Especially if the implied consent to submit laws applies. The implied consent laws are harsh no matter what your zip code is.
The implied consent law applies when a person refuse to supply a breath, blood or urine for a chemical test upon reasonable suspicion by law enforcement that you operated a motor vehicle under the influence of an intoxicant. Those who refuse a breath test, urine test or blood test after a dui arrest and refusal to give consent to submit to take a chemical test request receive a refusal charge upon arrest. Not only is a person breaking the law by refusing the request since they are deemed to have given no consent for the test, those who don’t get any test results and refuse to take a test are throwing away a possible blood, breath or urine dui defense in helpful chemical test results which would show a blood alcohol level under the legal limit.
Fight The Charges!
Many times the police officer jumps to the conclusion of who was driving the car no matter how many dui arrests the officer has. The police officer really doesn’t believe a person when they refuse a breath blood or urine sample for an alcohol test, especially when a person doesn’t given consent to a blood chemical tests after arrest.
I’ve made a reputation for proving the cops wrong in a jury trial. Don’t just “buckle under” with a police officer that doesn’t believe you during the arrest. Let an attorney organize your case, put together the evidence and prove the police officer wrong to a jury.
Sometimes even though you might be guilty we might find that one of your prior convictions might be flawed from a legal prospective. When that happens, your OWI 5th might get reduced to possibly an DUI 1st. This is called a collateral attack. We use this technique often an with great success. Call us to find out if your situation is open to a collateral attack motion and get your drunk driving number dropped. Create an attorney client relationship today.
Common DUI Defense Questions
1. What is the best way to handle a DUI Arrest?
The first thing you should do after an arrest for DUI is contact a lawyer. If you can’t afford one, call or visit a local legal aid office. They will help you find a lawyer.
2. What is the best way to handle my first court appearance?
You should go to court on the date listed on your ticket. If you don’t have a lawyer, tell the judge that you would like a reasonable amount of time to find one. The judge will probably give you a court date for about two weeks later, and may set bail. You should ask the judge to lower your bail or release you on your own recognizance (without having to pay bail) if you have not been involved in any other criminal activity.
3. What should I do before my first court appearance?
Gather all of the evidence that will help your case. You should have all of your medical records and witness statements. You may also take photographs or other evidence that you think will help your case.
4. What happens at my first court appearance?
You will be asked to enter your plea. Your lawyer may ask the judge for a continuance, which means that you would have to come back later on in order to plead guilty or not guilty.
5. What happens after I plead guilty or not guilty?
You will be given a court date and time to return for your trial. Your lawyer may ask the judge for another continuance.
6. What is a jury trial?
If you have been charged with a felony, then you will be tried by a jury of your peers. If the judge decides that it is in your best interest to have a jury trial, then you will be asked to choose six people from the jury pool who are willing to serve on your jury.
7. What is a bench trial?
If you have been charged with a misdemeanor, then your case will be tried by the judge.
8. What do I need to bring to court?
You should bring any witnesses who can testify on your behalf. You should bring any evidence that will help you prove your case, such as a video recording of the incident or photographs of injuries to you or others.
9. What happens if I’m convicted?
You may be ordered to pay a fine, serve time in jail or prison, and/or you may be required to attend DUI school. If your license has been suspended, you will have to pay a fee for reinstatement.
10. What happens if I’m acquitted?
If you are found not guilty, then the charge against you will be dismissed and your license will be reinstated after consulting with the DMV. It isn’t automatic.
11. What happens if I plead guilty?
If you plead guilty, the court will impose a sentence and you may have to pay fines, serve time in jail or prison, and/or you may be required to attend DUI school.
12. What happens if I’m found guilty?
If you are convicted of a DUI, your driver’s license will be suspended for a period of time.
13. What are the long-term effects of a DUI?
If you have been convicted of driving under the influence, your insurance rates will increase dramatically and you may have trouble getting insurance.
14. What is the difference between a DUI and DWI?
DUI stands for driving under the influence, while DWI stands for driving while intoxicated and OWI stands for Operating While Intoxicated. With an OWI you don’t have to be driving a motor vehicle, just in a position to operate one. Call us to find out the details of what the difference is.
15. What are the effects of alcohol on the body?
The effects of alcohol on the body can vary greatly from person to person depending on these factors:
- How much you weigh. The heavier you are, the more alcohol it takes to get you drunk. If you’re a woman, your body will process and eliminate alcohol faster than a man’s. How much you’ve eaten. Food in your stomach slows down the absorption of alcohol into your bloodstream.
- What kind of drink it is, and how much you’re drinking? Some drinks have more alcohol than others. For example, beer has between 3 and 7 percent alcohol while wine ranges from 5 to 15 percent. Mixed drinks can have as much as 25 percent alcohol.
- What you’re drinking with. Mixing alcohol with other drugs or medications can cause serious side effects, like unconsciousness and death.
- How long you’ve been drinking. The more you drink over a longer period of time, the more alcohol you’ll absorb into your bloodstream.
- How often you’ve been drinking. If this is your first time drinking a lot in one sitting, it will take longer for your body to metabolize the alcohol.
- How your body reacts to alcohol. If you have a health condition, such as high blood pressure or heart disease, that can make it harder for your body to process alcohol.
- What you’re eating with your alcohol. Food can slow down how fast your body absorbs alcohol, which is why it’s important to eat before and while drinking.
- How much sleep you’ve had. If you’re tired, your body won’t metabolize alcohol as quickly.
- Whether or not you’ve eaten before drinking. Eating food can slow down how fast your body absorbs alcohol, which is why it’s important to eat before and while drinking.
- How much you’ve had to drink. If you drink a lot in one sitting, your body will metabolize the alcohol more slowly.
- How fast you’re drinking. Drinking alcohol quickly can cause your body to absorb more alcohol at once, which means it will take longer for your body to metabolize the alcohol.
- The type of alcohol you’re drinking. Different types of alcohol are metabolized at different rates, so some drinks will have a greater effect on your body than others. For example, hard liquor is more potent than beer, so it will have a greater effect on your body.
16. What are the effects of alcohol on the body
When drinking alcohol the body absorbs it at different rates. It is estimated that a healthy liver can process about one drink per hour. The body also processes alcohol at different rates based on your weight, gender and whether you have eaten.
How many drinks did you say you had?
Most people have no idea how many drinks they can have and still be able to drive. The question is, “What does it take for you to become intoxicated?”
What Type of DUI Cases Do We Handle
Call us at 715-723-7160 and we will discuss in detail the Chippewa County, Eau Claire County WI criminal defense attorney services we provide, why one should or SHOULD NOT get a lawyer for your first OWI charge, legal issue, repeater or felony charges based on the facts of your case.
Why Our DUI Defense Attorneys are the Best Choice
When you find yourself in need of a Chippewa Falls, WI DUI lawyer, Chippewa Falls, WI OWI lawyer or Chippewa Falls, WI DWI lawyer you want to know that you have the best legal representation. That is why our attorneys are the perfect choice – with years of experience and an understanding of local WI DUI Chippewa Falls, WI laws and crimes, they can help you through your DUI law proceedings with ease.
When you’re looking for a Chippewa Falls, WI DUI attorney, Chippewa Falls, WI OWI attorney or Chippewa Falls, WI DWI attorney to defend you in legal matters after being arrested for drunk driving, it is important to understand the questions that commonly arise with DUI law.
Our Chippewa Falls DUI lawyer or Chippewa Falls DUI defense attorney team tackle DUI/OWI case after DUI/OWI case for clients charged with DUI related cases in state courts. We have successfully defended DUI cases during trials with blood alcohol levels above the legal limit. However, clients who don’t hire DUI attorneys when facing a DUI case risk, the legal consequences.
Schedule Your Free Client Consultation!
We know you need the best in knowledgeable legal representation from a criminal law firm that treats your case with consideration and genuine concern. We look forward to hearing from you when you contact (888) 375-3056 for a FREE confidential consultation. Contact our lawyers to schedule your consultation. We’re just waiting for your call and look forward to putting your mind (and license) at ease. Avoid a wrongful conviction of a crime and call our number to become a client.
For those of you who have been wrongly charged or at least have not done all the things the State is saying you did, getting a good owi or dui defense attorney from a law firm devoted to these is key. Anybody can go into court an plead guilty to an owi, dwi or dui but knowing exactly what your pleading to and everything that comes along with it is the tough part. Unless you are in court and breathe owi, dui or dwi defense service like we do, hiring good attorneys is a must no matter what your age is.
Click one of the options under Free Consultation to schedule a convenient time to sit down or contact one of our local attorneys. You Need Answers Now. OWI, DWI or operating a vehicle while intoxicated defense is not one of those things that can be “pushed off”. What’s going on with your case is a life altering event like jail so you deserve an attorney or lawyer that appreciates that fact. or send one of our attorneys a message through our email form today. Your future and the future of your family is relying on your choice.