Wisconsin currently has on its books an implied consent law. Generally speaking, the implied consent law provides that all drivers on Wisconsin roads have already given their consent to submitting to a blood alcohol content test if they are suspected of driving while intoxicated. This could be a breath, urine or blood test and it can be used to test for alcohol and other controlled substances.
In one of its publications, Wisconsin Legislative Council lays out the consequences of refusing a blood alcohol content test. One of the major consequences is the revocation of his or her driver's license. This can happen if a law enforcement official requests a test of a suspected drunk driver and that driver decides not to offer a breath, blood or urine sample.
Upon the refusal of the test, the involved law enforcement official may take the driver's operating license and issue a notice of intent to revoke the driver's driving privileges. The notice and the driver's license are then sent to the county where the officer stopped the driver and charges may be filed against the suspected drunk individual. The driver then has a limited window during which he may request a hearing on the entire matter.
Drunk driving laws are designed to protect people's safety on the road. However, the implied consent law can put people in a difficult position. It can impose penalties even if no one's safety was actually endangered.
Wisconsin residents who are facing DUI charges often feel that there is nothing to do. However, no one should forget that all those accused of crimes are entitled to a defense. Attorneys with experience in DUI defense can help the accused to understand their rights and craft a defense strategy.