Madison DUI Attorney discusses Implied Consent in Wisconsin
Blood Alcohol Concentration test – Madison DUI attorney provides advice
If you are stopped by a police officer for operating a vehicle while intoxicated, you may initially want to refuse a blood, breath, or urine test for blood alcohol concentration. Unfortunately, though, that does not usually help you. The reason for this is Wisconsin’s implied consent law. This law provides that in Wisconsin, anyone who is arrested with probable cause to believe he or she is intoxicated is required to submit to a test of his or her blood alcohol concentration.
Defining Implied Consent
Ordinarily, consent means you actively choose to allow something to happen. And if you are stopped for suspicion of operating under the influence of alcohol, you have an initial choice of whether to consent to a blood, breath, or urine test. If you do not give your consent, the police officer will issue a refusal citation, which carries a loss of driving privileges for up to three years, regardless of whether you are convicted of OWI.
If a police officer determines that he or she has probable cause to believe you are operating a vehicle while intoxicated, you are subject to arrest. The officer can make a determination of probable cause on many factors. Driving erratically, slurred speech, an odor of intoxicants, admitting to drinking, or failing a field sobriety test all provide reasons for the officer to arrest you. Refusal to take field sobriety tests can also provide probable cause for the officer to arrest you.
The Benefits of Cooperation
Whether you are pulled over while driving or simply approached while sitting in a running car, the police officer has the ability to arrest you if he or she suspects you have been drinking. Be polite and respectful, and if you are arrested, contact Eisenberg Law Offices for help with your OWI case.