When stopped for a case of suspected drunk driving, a Wisconsin resident may consider his options to refuse to submit to a blood or breath test. Like many other states, Wisconsin penalizes individuals who fail to submit to such tests when asked; however, an individual may hope that he could prove his rights were violated by the law enforcement official's request. In fact, in 2013 the United States Supreme Court heard a case about just this issue and ruled that police cannot compel a suspect to submit to blood testing without a warrant or the suspect's consent.
A commercial driver's license allows a driver to haul and contract to haul freight and goods on roads throughout Wisconsin and the rest of the country. Because commercial drivers often have to travel long distances and in some cases carry heavy loads in their vehicles, they are regulated by federal laws in terms of when and how long they can operate without rest. States like Wisconsin also regulate commercial drivers and impose penalties on them when they are suspected of drinking and driving.
Last week's blog post discussed the challenges of securing an occupational or hardship license in Wisconsin after a person loses the right to drive following a drunk driving conviction. Occupational licenses are not guaranteed for all individuals who desperately need them to get to and from work; for some, the consequences of losing a driver's license can extend far beyond simply not being able to drive.
Readers of this Wisconsin DUI defense blog may be aware that one of the potential consequences of a DUI or drunk driving conviction is the loss of the driver's license. Losing one's driver's license can impose a great deal of hardship upon a person who needs driving privileges to get to or to do a job. In some cases, a person who loses his license due to a drunk driving incident may be able to obtain a provisional license that allows him to drive in limited circumstances.