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Breath test refusals can have serious consequences


Previous posts on this blog have discussed how the state of Wisconsin has looked at various ways to change and potentially toughen the state's drunk driving laws. Citizens on both sides of the debate have weighed in; at this time no major changes are immediately on the horizon for local drivers. However, one drunk driving law that some citizens may not be aware of is currently in operation and can have serious consequences for a person's ability to drive.

A Wisconsin driver has the right to refuse to submit to a breath test if the person is stopped for suspected drunk driving. However, refusing a breath test can lead to a person losing is driver's license. Failing to submit to a breath test can lead to a person facing a different criminal charge related to the unlawful refusal of chemical testing and having the individual's license revoked.

Timing is critical when a person faces just such a charge. For example, a person must request a hearing on the matter within 10 days of the person's arrest in order to contest the revoked license. Failing to do so can lead to people losing their license for up to 30 days whether or not they are convicted of the underlying drunk driving charge.

If you have recently faced a stop for suspected drunk driving and refused to submit to a breathalyzer, your window to request a hearing may be closing. The attorneys of Melowski & Associates can help you better understand your rights related to this aspect of drunk driving law. Although refusing to take a breath test can mean that authorities do not immediately have a driver's blood-alcohol content it can give those authorities grounds to charge the driver with additional criminal matters. To learn more about the firm's drunk driving practice and the serious consequences related to drunk driving convictions, please visit our website on breath test refusals.

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Sheboygan, WI 53081

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