Refusal Charge in Wisconsin
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Madison, WI Refusal Attorneys
Wisconsin’s Implied Consent Law and the Consequences of A Refusal Charge
In Wisconsin, the Implied Consent Law is a critical component of OWI (Operating While Intoxicated) enforcement. By operating a motor vehicle within the state, drivers automatically consent to undergo chemical testing—be it breath, blood, or urine—if law enforcement requests it during an OWI investigation or arrest. While drivers do have the right to withdraw this implied consent, doing so triggers significant legal ramifications.
Choosing to refuse the chemical test leads to a “Refusal” charge, which stands as a distinct offense from the OWI itself. This means individuals could face consequences for the Refusal in addition to any penalties associated with an OWI conviction. The penalties for a Refusal are separate and can include license suspension, fines, and the requirement to install an Ignition Interlock Device (IID) on the driver’s vehicle.
Given the separate and serious nature of Refusal charges, navigating the complexities of Wisconsin’s Implied Consent Law requires the expertise of an experienced legal professional. If you’re facing such charges, it’s imperative to seek legal assistance promptly. You must understand your rights and the potential impact on your future.
The Implications of a Refusal Conviction in Wisconsin
In Wisconsin, a conviction for refusing a chemical test under the state’s Implied Consent Law carries weighty consequences. Including its consideration as an OWI offense for counting subsequent offenses. This means if you’re later charged with OWI, the Refusal will count as a prior offense, potentially escalating the severity of future charges to a second offense OWI, third offense OWI, and so on.
Penalties for a Refusal are significant and include:
- A driver’s license revocation for 12 to 36 months.
- A mandatory ignition interlock device (IID) order for the duration of the revocation period.
- A compulsory Alcohol and Other Drug Abuse (AODA) assessment.
Furthermore, individuals convicted of a Refusal face a waiting period before they are eligible to apply for an occupational license. This can affect their ability to drive to work, school, or other approved activities during the revocation period. These stringent measures reflect the serious stance Wisconsin takes on Refusals and highlight the importance of legal guidance in such situations.
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Immediate Action Required for Refusal Charge in Wisconsin
Under Wisconsin’s Implied Consent Law, if you’re alleged to have refused a chemical test during an OWI investigation, swift action is essential. You have just ten days from the date of receiving your citation to respond. Failing to act within this critical timeframe results in an automatic finding of guilt for the Refusal charge.
Upon arrest, law enforcement is obligated to issue you a “Notice of Intent to Revoke,” which includes vital information such as the court’s address and detailed instructions on how to demand a hearing. This notice marks the beginning of the Refusal proceedings. It’s imperative to understand that you have ONLY TEN DAYS from receiving this notice to file a request for a refusal hearing. Neglecting to request a hearing within this period will lead to a conviction for the Refusal, carrying significant legal consequences.
Given the narrow window for action and the severe implications of inaction, consulting with a knowledgeable attorney immediately after receiving a Refusal allegation is crucial for preserving your rights and exploring potential defenses.
Weighing the Impact of a Refusal vs. OWI Conviction in Wisconsin
In Wisconsin, navigating the legal implications of a Refusal under the Implied Consent Law versus an OWI conviction presents a complex dilemma. While a Refusal conviction is counted as an OWI for the purposes of determining repeat offenses, the specific penalties associated can differ, sometimes markedly. For instance, a first offense Refusal incurs harsher penalties than a first offense OWI, including a longer revocation period, the mandatory installation of an Ignition Interlock Device (IID), and a waiting period of 30 days before eligibility for an occupational license. Subsequent Refusal offenses see even more stringent waiting periods and revocation durations, escalating with the number of offenses.
However, it’s crucial to note that Refusal convictions do not entail mandatory jail time, unlike second and subsequent OWI convictions, which do. This distinction may significantly influence how one perceives the severity of a Refusal versus an OWI, depending on individual circumstances and priorities. Ultimately, whether a Refusal is considered “worse” than an OWI depends on the specific aspects of each case and the individual’s situation. Given these nuanced differences, consulting with a knowledgeable attorney is essential for anyone facing these charges to navigate the best course of action based on their unique context.
Madison, WI Refusal Attorneys
If you are facing a revocation of your drivers license because of a refusal to follow Wisconsin’s Implied Consent Law you need the help of an experienced defense attorney. The defense attorneys at DK Anderson, S.C. are Madison, WI refusal attorneys. We always offer a free case evaluation.
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