When you are stopped for driving drunk, you will be asked to submit to alcohol testing of your blood, breath, or urine to determine your blood alcohol content. Under the implied consent law, by obtaining a driver’s license, you automatically agree to submit to sobriety tests if pulled over for suspected DUI.
You should consider the consequences of refusing to submit to a chemical test. In Wisconsin, a refusal to submit to chemical tests may result in an automatic revocation of your operating privileges for one or more years. Moreover, a prior refusal is considered a prior offense if you are subsequently stopped and charged with drunk driving. Law enforcement officers play a crucial role in assessing impairment and the legal implications of refusing testing, which can lead to severe penalties.
If you agree to chemical testing, you also have the right to request an additional test at your expense. By choosing to operate a motor vehicle, you consent to sobriety testing, including the preliminary breath test, if law enforcement has reasonable suspicion of impairment. Officers require probable cause to believe a driver is intoxicated before administering sobriety tests, and refusal to take these tests can have significant legal consequences.
Submitting to chemical testing is different than answering a police officer’s questions. You always have a right to remain silent and can refuse to answer questions posed to you. You must tell the officer you wish to exercise your right to remain silent and your right to an attorney. The officer will independently ask if you will voluntarily submit to chemical testing of your blood, breath, or urine.
LawtonCates can advise you on how your case may affect your ability to drive. We can assist you in your defense to any charges that are brought against you. We can also help you obtain an occupational driver’s license.