Refusing to submit to chemical testing is a decision people often make after being pulled over for suspicion of drunk driving. However, the decision has consequences, specifically the potential automatic revocation of your driver's license.
Not consenting to the test will lead to a separate charge of unlawful refusal of chemical testing. A Wisconsin OWI refusal hearing hearing must be requested within 10 days after the arrest to fight the license revocation. Failure to request the hearing will cause your license to be revoked 30 days after your arrest whether you are convicted or acquitted. Refusals are also much easier for the prosecutor to prove.
Even if you do agree to submit to a breath, blood or urine test after your DUI arrest, your cooperation is met with automatic license suspension if the result shows a prohibited alcohol concentration. In such a case, a Wisconsin OWI refusal hearing needs to be requested quickly to try to prevent the suspension, which can be imposed as soon as 30 days after your arrest.
Representation by a skilled and aggressive attorney is essential at the suspension hearing if you want to maximize your chances of avoiding a DUI conviction. Most attorneys claiming to "handle" DUI cases don't even bother representing their clients at the suspension hearing. Not here. At Melowski & Singh, we leave no stone unturned in the relentless pursuit of success for our clients, including zealous representation at Wisconsin OWI refusal hearings that most attorneys ignore.
Wisconsin Chemical Test Refusal & Administrative Suspension
Before you suffer the harsh consequences of a refusal charge or administrative suspension, be sure to ask your prospective attorney the following:
- How many cases have you won?
- When was the last case you won?
- How many DUI victories have occurred in court?
- When was your last trial?
Many attorneys dodge the above questions. They tout their years of experience. They boast about professional memberships. They promote their certifications in administering tests that determine blood alcohol content. At Melowski & Singh, we want our clients to know about our victories in court; primarily because we have them.
The goal of Dennis Melowski — the only one to have been selected 10 times for inclusion in Wisconsin Super Lawyers list by Law & Politics and Milwaukee Magazine for DUI defense from 2005 to 2011 — is acquittal or dismissal of charges in court.