Refusing To Take A Chemical Test Can Make Your Situation Worse

It is stressful enough being charged with an OWI. If you were also charged with refusal, you may be confused about what it means for your case. Many people arrested for an OWI in Wisconsin do not know they can refuse a blood alcohol test after being pulled over. However, refusing the test has consequences that can lead to the loss of your license or having to use an ignition interlock device.

As a former prosecutor, our founding attorney at Lee Law Firm, LLC understands both sides of the criminal justice system. With years of hands-on courtroom experience in the Milwaukee area, she knows what prosecutors look for and the approaches they take in OWI and refusal cases. Using this knowledge, we can help you fight your charges so that you can move forward with your life.

Helping You Navigate The Consequences Of A Refusal

When you are pulled over by the police and asked to take a chemical alcohol test, you have the right to refuse. However, not complying and submitting to the test has serious penalties that can make your OWI case worse. Further, investigators can still apply for a warrant to force you to submit to a blood test.

If you refuse to take the test, the state can also charge you with unlawful refusal of chemical testing. You must request a refusal hearing within 10 days after your arrest to fight your license revocation. If you fail to request the hearing, your license will be revoked 30 days after your arrest.

At the refusal hearing, the judge will consider whether or not you actually refused to take the test and if the police officer complied with their duty to inform you about your obligations under Wisconsin’s implied consent law. When you work with one of our attorneys at Lee Law Firm, LLC, we will stand by your side during your refusal hearing and present a sound defense on your behalf.

You Don’t Have Time To Waste

Refusing a chemical test, whether blood, alcohol or breath, can cause the loss of your license for one to three years, depending on your case. To avoid losing your driving privileges, contact our Wauwatosa office as soon as possible for help requesting a refusal hearing. Call us at 414-567-5631 or complete our online contact form to get in touch with us. We can help you in English and Hmong.