Driving in Wisconsin? You Just Agreed to a Drug Test – and You Shouldn’t Refuse
It’s not a good idea to refuse the breath or blood test if you are pulled over in Wisconsin
Wisconsin has an implied-consent law for drug testing drivers. If you operate a vehicle in the state and are pulled over and arrested, the law-enforcement officer has the right to require a drug test from you. Because the state has determined that you’ve given consent merely by operating the vehicle, you should not refuse this requirement. Doing so could open you up to additional charges.
Implied consent is consent that you technically don’t have to consciously give. Instead of the officer asking your permission and getting your consent to test you, you are assumed to have given consent because the state’s government has decreed that, if you drive and are arrested, you are giving consent. Thus the consent is implied because of your actions.
The law-enforcement officer can also choose the method of the drug test. It could be as simple as a breath test, or you could be required to head back to the station to take a blood test. Be careful, as even asking to speak to a lawyer first about the test could be construed as you refusing the test overall and thus breaking the law.
It should be repeated that this law applies when you’re under arrest. Saying no to the test means you’re breaking the implied-consent law and can result in suspension of your license and a requirement to use an ignition lock and attend alcohol counseling.
Implied-consent laws can be confusing to people who are passing through Wisconsin or who have just moved to the state and who are not yet familiar with the laws. For anyone who has been charged with violating the implied-consent law, however, getting a lawyer is now urgent. Contact Eisenberg Law Offices at (608) 256-8356 and speak to a lawyer there about the charges you face and how best to proceed.