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A test refusal will not protect you from drunk driving charges

As discussed in last week's entry on this Wisconsin drunk driving defense blog, the legal limit of a person's blood alcohol content has changed over time. The serious consequences that can attach when a person is found to have a BAC above that legal limit can reduce his rights and challenge his ability to work and move forward with his life. Serious consequences can also, however, attach when a person chooses not to submit to BAC testing after an alleged drunk driving stop.

Wisconsin has an implied consent law on its books, which means that if a person chooses to drive on Wisconsin roads, he implicitly chooses to consent to an alcohol test if asked to do so by law enforcement officials. Refusing to submit can result in a person losing his license through suspension for a minimum of one year and even longer if he has had prior breath test refusals in his legal history. This can be an incredibly heavy penalty for a person who is suspected of drunk driving but who was sober at the time of his stop.

Though it is impossible to guarantee how a drunk driving trial will end, some people who are caught in the difficult position of having refused BAC tests but who were sober during their stops choose to aggressively defend themselves against the charges filed against them. An aggressive defense can take time to prepare and legal knowledge about the drunk driving laws and allegations applicable to the individuals' cases.

The attorneys of the law office of Melowski & Associates will work with you to prepare you for the pretrial and trial processes of your drunk driving matter. Whether your charges are based on a test refusal or a positive BAC test, we will look at the facts of your case to help you create a sound drunk driving defense strategy. To learn more about our drunk driving defense practice and work in the test refusal field, please visit us online.

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Melowski & Associates, LLC
524 South Pier Drive
Sheboygan, WI 53081

Phone: 920-299-5074
Fax: 920-395-2443
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