Refusals In Wisconsin

Did you receive a refusal in Wisconsin? Many times, when someone gets a refusal in Wisconsin they are confused. You might be wondering how you could have received an OWI when you refused the chemical test. In the state of Wisconsin the implied consent law indicates that anyone who operates a vehicle has the right to consent to a chemical test: blood, breath, or urine.

The state needs to follow procedures for OWI to make an arrest. After being placed under arrest, a driver is required to submit to the officer’s requested chemical test. If the driver does not comply, the driver will face penalties. The officer can still apply for a warrant to obtain a blood sample.

Chemical Test Refusal Penalties:

1st Offense

  • Fine: None
  • Confinement: None
  • Driving Consequences: 1 Year Revocation, 1 Year IID.

2nd Offense (no prior OWI within 10 years)

  • Fine: None
  • Confinement: None
  • Driving Consequences: 1 Year Revocation, 1 Year IID.

2nd Offense (prior OWI within 10 years)

  • Fine: None
  • Confinement: None
  • Driving Consequences: 2 Year Revocation, 1-2 Years IID.

3rd Offense or Greater

  • Fine: None
  • Confinement: None
  • Driving Consequences: 3 Year Revocation, 1-3 Years IID.

Notice of Revocation 10 days to Request a Hearing:

When you receive a refusal, the police will give you a “notice of intent to revoke” form, which initiates the refusal proceedings. The driver has 10 days to request a refusal hearing. It is imperative that you contact a lawyer at Lee Law Firm as soon as you can to make sure that you file a request for your hearing. If the hearing is not requested within 10 days, your driving privileges will be revoked for refusal.

Refusal Hearing

When you get a refusal hearing there are a number of important aspects that the judge will examine to determine the outcome of the hearing. For example, did the person actually refuse to submit to the chemical test? And if they did refuse, did the officer comply with their duty to inform the person about their obligations under implied consent law. When building a defense, it is also important to make sure that the officer had probable cause to arrest the person for driving while impaired, and that they followed arrest procedure correctly. Everyone has the right to due process.


In the state of Wisconsin, being convicted of driving under the influence (DUI) or operating while intoxicated (OWI) can include jail time, significant fines, losing your license and additional penalties depending on any previous offenses. Based on your specific case, you may have only ten days to object to the suspension of your driver’s license from the time you were arrested. Because OWI and DUI charges carry severe penalties, it is in your best interest to consult with an attorney as soon as possible. Lee Law Firm LLC. is committed to helping you build your OWI defense and positioning you for the best possible outcome for your case.

To learn more about what our firm can do for you, please call us at (414) 600-1360 or contact us online today.


  • The following constitutes OWI or DUI:

    • Driving with a Blood Alcohol Concentration (BAC) of .08 percent or higher. If you are stopped for an OWI with a blood or breath test that registers at .08 percent or higher, you are considered intoxicated and unable to operate a vehicle safely.

    • Driving under the influence of drugs, alcohol, and/or chemical substances.

    • Driving with any detectable amount of intoxicant in your system.

    • Driving under the influence of any drug.

  • You do not have to consent to a test. If you refuse, you will be given a Notice of Intent to Revoke Operating Privilege. You will have ten days to request a court hearing. If you do not request a hearing or lose the hearing, your license will be suspended for at least one year.

  • If you consent to a test and the result of the test is above the legal limit, you will be given a Notice of Intent to Revoke Operating Privilege. You have ten days to request an administrative hearing to challenge the suspension of your license. Failure to request a hearing or losing the hearing will cause your license to be suspended for six months. You may also receive additional penalties, if you are convicted.

  • A first offense OWI or DUI is considered a civil offense — not a criminal offense. Penalties for a first offense OWI or DUI can include fines up to $800 and having your license suspended for at least six months.
    Second and third offenses of OWIs and DUIs are misdemeanors. Penalties include significantly larger fines, longer driver’s license suspensions, and time in jail. A fourth conviction and consecutive convictions are felony charges.