Last week's post on this Sheboygan DUI defense blog discussed how the state of Wisconsin can compel an individual to submit to testing to determine his blood alcohol concentration when that individual is suspected of drunk driving. Prior posts on this blog have also discussed the fact that Wisconsin has on its books an implied consent law. That law generally means that when a person chooses to drive on Wisconsin roads, he also consents to testing when authorities believe he is driving under the influence.
Between the implied consent law and the state's ability to force an individual to submit to testing, it does not seem like there is much room left for a person to simply refuse to submit to a blood alcohol concentration test. It can happen, however, that a person refuses testing and the state chooses not to compel him to submit a sample of blood or a blow in the breathalyzer. When this happens, individuals can face significant penalties for their refusals, including the loss of their drivers' license.
It is no surprise that a suspended or revoked license can impose significant hardships on a person and his family. These hardships can be an excessive burden, especially when the individual refused to submit to a breath test because he had not been drinking. Innocent people can face serious legal problems for standing up for their principles when they are erroneously suspected of wrongdoing.
At the law firm of Melowski & Associates, we can help you defend your rights when law enforcement officials lodge false allegations against you and suggest that you were driving while intoxicated. We represent each client as an individual and prepare defense strategies that acknowledge the particular facts and needs of each unique client. To learn more about how our firm can help you after your breath test refusal, please visit our informational website.