YES and NO
· Yes – refuse the PORTABLE test! Yes –refuse all FIELD SOBRIETY TESTS
· No – do NOT refuse at Police station (machine on the wall); No – do not refuse blood draw
If you've ever been pulled over for suspicion of drunk driving in Wisconsin, you're likely already familiar with a breathalyzer test.
There are two times law enforcement is likely to ask you to submit to a breathalyzer or breath test to try to establish whether or not you might be intoxicated: during an OWI traffic stop and after an OWI arrest.
What are your options to take the breathalyzer test and are you are or you not allowed to refuse a breathalyzer test under Wisconsin's breathalyzer laws?
Breathalyzer Test During Traffic Stops in Wisconsin
Most people don't realize they have the legal right to refuse a field sobriety test (FST) when pulled over for suspicion of OWI in Wisconsin.
Once individuals learn they are not legally required to take field sobriety tests, such as the walk-and-turn test, the next question is, "can I refuse the breathalyzer test, too?"
The investigating police officer will likely ask you to submit to a breathalyzer or breath test as part of field sobriety testing during an OWI stop.
Since this version of the breathalyzer test is only being requested as part of the investigation process and before any evidence of OWI has been established, you are not legally required to submit to this test.
You are not required to take the breathalyzer in your car or on the side of the road. You can choose to take the test, but understand your intention to prove your sobriety might backfire if a false positive result is recorded.
Field sobriety tests, including the breathalyzer, have a reputation for being inaccurate for a number of reasons.
While it's human nature to want to cooperate with the police and engage in any testing they request, keep in mind there are a number of factors, including some health conditions, which can impact your test results and complicate your legal situation.
It's best to know your rights, be polite and exercise restraint during your traffic stop. Then contact a proven an experienced lawyer as soon as possible.
What if I have my CDL?
The short answer: No. An important exception to the right to refuse field sobriety testing in Wisconsin applies to commercial drivers.
If you have a commercial driver's license or CDL, you are required to participate in any requested field sobriety testing, including a breathalyzer test––even when off duty.
Commercial drivers must cooperate with sobriety testing requests from law enforcement, including breath tests, as a condition of your license.
Breathalyzer Test After Arrest
If you're stopped on a Wisconsin road because for suspected OWI and you exercise your right to refuse roadside sobriety tests, you should expect to be arrested.
Since the breath test is also considered an FST, you can also expect to be arrested if you refuse breathlyzer tests during your traffic stop.
It's important to stay calm and take stock in the fact that you did not help to establish potentially false evidence to be used against you later.
While field breathalyzer refusal may have been your right in Wisconsin (unlesss you have a CDL), you will not have that same right once you are taken into custody. Once in custody, you are required to submit to any breath or other chemical testing once under Wisconsin's law.
You do not want to risk any penalty for refusing breathalyzer test once in custody.
Should you or a loved one find yourself charged with a crime it is very important to contact an experienced attorney so you can discuss your rights and prepare the best available defense. At Jones Law Firm we can help. Contact us today to set up a free consultation. Please contact us by text or phone at (414) 775-7445 or email at laura@jlfwisconsin.com anytime.
*Any articles in the Libra or posted by Jones Law Firm LLC are not legal advice for a particular client or situation. Further no attorney-client relationship is intended or created with this post.*
