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Drunk Driving / OWI / DUI - Should I Take a Breath or Blood Test

In short, Wisconsin law has an “implied consent” provision, meaning that by driving in our state, you consent to provide a sample of blood, breath or urine if there is probable cause to believe you are driving under the influence.

Conviction on a refusal to take a required test is a separate and significant penalty over and above a drunk driving / OWI / DUI conviction. It results in a longer license revocation time and mandatory installation of a breath interlock device on all vehicles in your name.

The best and short answer is that it does not help to refuse a test. The police can actually force a blood draw in many circumstances on a refusal and you can still be prosecuted for refusal. You are also generally required to submit to any of the three test options, even if you have already provided a sample. You could be asked and required to take a breath test and provide a blood sample and refusal to comply can trigger prosecution and penalties.

Taking a preliminary breath test (usually alongside the road with a hand held device) is not mandatory; however, an officer usually then concludes you are drinking or under the influence of some other substance, make an arrest and then request the mandatory breath or blood sample at the station.

Call Courtney & Molter with questions about your OWI / Drunk or Drugged Driving / Prohibited Alcohol Operation of Vehicle / IBAC / Refusal case.

We practice statewide in Wisconsin and in Milwaukee County, Racine County, Kenosha County, Ozaukee County, Washington County, Sheboygan County, Manitowoc County, Jefferson County, Dodge County, Rock County, Walworth County.