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Breath Test Refusal Archives

Man accused of drunk driving after alleged police chase

Individuals who are caught driving in the wrong lane are often subject to accusations of driving under the influence of alcohol. While crossing into oncoming lanes may be dangerous, it doesn't necessarily indicate drunk driving. There are numerous circumstances that may contribute to such circumstances. A man from a neighboring state has recently been arrested and accused of operating a vehicle while intoxicated following a similar situation in Wisconsin.

Chemical test refusal: Your right, but not without consequences

The state of Wisconsin has what are known as implied consent laws tied to every driver's license. This means that if you are ever pulled over for suspicion of driving while impaired, you agree to submit to sobriety testing. What happens, though, if you do refuse to take part in such testing? Chemical test refusal is your right, but it is not without its consequences.

Breath test refusal and probable cause

Wisconsin has an implied consent law, which means that motorists, by virtue of receiving their driver's license, consent to blood and breath testing for intoxication determination purposes. Those who refuse a breath test may be subjected to penalties, including license suspension. A suspended license can wreak havoc on an individual's life, negatively affecting his or her personal and professional life. It may also have an effect on his or her reputation. Yet, simply because there is an implied consent law on the books does not mean that the police can ask an individual to submit to a breath test whenever they want.

Elements of a breathalyzer test

Wisconsin law enforcement officials often ask individuals suspected of drunk driving to submit to an alcohol breath test. Though some drivers may refuse to take the offered tests, doing so can result in those individuals losing their drivers' licenses through the state's implied consent law. This law, which has previously been discussed on this DUI defense law blog, states that by driving on the state's roads drivers have consented to submitting to alcohol testing.

Responding to breath test evidence

Flashing lights in one's rearview mirror generally indicate that a Wisconsin resident is about to have an encounter with a police officer. Police officers throughout the state make traffic stops for a variety of reasons, such as speeding, distracted driving and suspected drunk driving. If you are stopped and suspected of operating a vehicle while having alcohol in your system, then you may be subjected to different tests to assess your condition.

How common is it for a driver to refuse a breath test?

Despite Wisconsin's implied consent law, some drivers choose not to take breath tests when they are accused of drunk driving. Their reasons for declining the tests can vary depending upon their particular circumstances, though those who do choose not to have their blood-alcohol content levels tested can face significant penalties for their abstentions. This post will look at how often drivers refuse breath tests in Wisconsin and how that figure compares to refusals in other states.

Why are there implied consent laws for drunk driving?

Governments like those that operate in the state of Wisconsin create legislation in an interest to improve the lives of the people who live in their jurisdictions. Improvement of a citizen's quality of life can take on many forms, from providing the citizen with reliable access to utilities to protecting the citizen's safety through first responder and police services. Laws, ordinances, and regulations give citizens rights and obligations, and provide a blueprint for how people should act to be responsible members of their community.

How are chemical tests for intoxication measured?

Law enforcement officials in Wisconsin can collect evidence of intoxication from a person suspected of drunk driving through chemical tests. Chemical tests, which analyze a suspect's blood or breath for alcohol, can be used against individuals when they face trials for drunk driving charges. The science behind chemical tests can be a bit obscure; this post looks at the statute that defines how chemical tests are measured in Wisconsin.

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.

Did your breath test refusal result in a revoked license?

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.

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