Attorney Tracey A. Wood filed an appeal on behalf of her client who had previously been convicted of refusing a test, and the Court of Appeals reversed the conviction.
Refusing to submit to a test will result in immediate suspension of your driver's license, but you can get driving privileges. A refusal also counts as an OWI conviction for counting of prior offenses.
WARNING! If you refuse to submit to a breath or blood test after being arrested for drunk driving in Wisconsin, you have ten days, not counting Saturdays, Sundays, or legal holidays from the date in the upper right corner of the form (usually the date you were stopped, but sometimes the next day if you were stopped shortly before midnight) in which to demand a "refusal hearing." If you don't file the "refusal hearing demand" within this short time period, you'll lose your license for at least one year, and potentially as many as three years (depending on whether you've had drunk driving or refusal convictions in past years anywhere in the United States).
Under Wisconsin's implied consent rule, if you refuse to submit to a test to determine if the percentage of alcohol in your bloodstream is in excess of legal limits, police can (and likely will) arrest you because the refusal establishes probable cause for arrest.
A test refusal can also result in additional penalties including driver's license revocation or suspension for a minimum period of one year, and up to a maximum period of 3 years.
If you hire Van Wagner & Wood before the ten (10) day period has expired since you were arrested, the chances are good that they can demand a refusal hearing and save your driver's license in the meantime.
Many people ask, "Did I do the right thing when I refused the test?"
Maybe. There is no simple answer to this question. By refusing
a test, you may prevent police from learning your alcohol concentration, but you will also give them probable cause to arrest you. If you subsequently fail to demand a refusal hearing within ten (10) days, your license can be taken for a minimum of one (1) year and potentially up to three (3) years, depending on the number of prior convictions (including refusals).
Second guessing this decision isn't fruitful. The important thing is to take advantage of the defenses
which that choice creates, and to be certain to request a refusal hearing
within ten days afterward, regardless of when your court date may be set.
If you don't demand the hearing in time, you lose a lot of defenses, and
hurt your case.
Special Defenses available when you refuse the test
Refusal cases offer distinct and unique defenses, part
of the special procedures which exist in refusal cases. These can be of
incalculable benefit in defense of the case.
When a driver refuses to submit to a police breath or blood
test, the police officer will likely arrest them, and the Department of Motor Vehicles will subsequently issue a "Notice of Intent to Revoke."
This document starts a lawsuit separate and apart from the drunk driving
case, and one that is governed by rules of procedure that are much the
same as those which apply in most other civil cases, such as lawsuits
for injuries or damages.
A defense
lawyer can then question the arresting officer, for example, in the lawyer's
office, under oath, and without a judge present. The answers can be used
in court, and to prepare for court. The answers can disclose information
the police withheld from their reports, and didn't want to disclose.
Drunk Driving Defense Lawyer
If you have been arrested for drunk driving, you must act
quickly to save your driver's license. Please call an attorney at Van
Wagner & Wood right away for a brief, but professional free "first-impression"
analysis of your drunk driving arrest and information about what you can
and what you must do to preserve your rights and privileges under Wisconsin
law. Attorney Tracey Wood is Wisconsin's foremost authority and expert
advisor on drunk driving law and the only Wisconsin attorney ever appointed
to the board for the National College for DUI Defense.
If you have already been convicted of drunk driving, you
may have post-conviction remedies available to you that are often times
missed by attorneys who are unfamiliar with prior drunk driving conviction
challenges and appeals.
Call 608-284-1200 in Madison, or 1-866-262-4599 statewide
Appeals & Serious Crimes - Homicide - Murder - State - Federal
Van Wagner & Wood's attorneys represent people on every type of criminal appeal, from post conviction remedies to intermediate courts in Wisconsin - the Wisconsin Court of Appeals - and Wisconsin Supreme Court, as ell as appeals under federal jurisdictions to the United States Court of Appeals. Attorney Tracey Wood frequently represents people appealing drunk driving (or related) convictions to the Wisconsin Court of Appeals.
The criminal defense attorneys at Van Wagner & Wood represent
people charged with Felony Murder, Homicide, Negligent Homicide, Reckless Homicide,
Vehicular Homicide, Reckless Endangerment, First-degree Intentional Homicide,
and Second-degree Intentional Homicide. Those attorneys most frequently represent
people accused or charged in the state of Wisconsin. Often times, they are called
upon by a client residing outside of the state of Wisconsin, which they represent
in very serious crimes such as Felony Murder or Homicide. Van Wagner & Wood 's attorneys have handled cases for clients in Florida, Kansas, Oklahoma, California, New Jersey, Minnesota, and Illinois.
Van Wagner & Wood's criminal law defense lawyers frequently appear in Wisconsin Circuit Courts in Madison, Wisconsin for Dane County; Chippewa Falls, Wisconsin for Chippewa County Circuit Court; Menomonie, Wisconsin for Dunn County Circuit Court; Eau Claire, Wisconsin for Eau Claire Circuit Court; Lancaster, Wisconsin for Grant County Circuit Court; Monroe, Wisconsin for Green County Circuit Court; Mauston, Wisconsin for Juneau County Circuit Court; La Crosse, Wisconsin for LaCrosse County Circuit Court; Wausau, Wisconsin for Marathon County Circuit Court; Sparta, Wisconsin for Monroe County Circuit Court; Stevens Point, Wisconsin for Portage County Circuit Court; Janesville, Wisconsin at Rock County Circuit Court; Baraboo, Wisconsin at Sauk County Circuit Court; Wisconsin Dells at Columbia County Circuit Court; Wisconsin Rapids at Wood County Circuit Court; Waukesha, Wisconsin at Waukesha County Circuit Court; Elkhorn, Wisconsin at Walworth County Circuit Court. They also appear at Oneida Circuit Court in Rhinelander, Wisconsin; Langlade Circuit Court at Antigo, Wisconsin.
If your case is in another area of Wisconsin, please contact an attorney at Van Wagner & Wood to discuss it.
Drunk Driving (OWI, DUI, DWI)
Van Wagner & Wood's attorneys frequently represent people charged with every type of drunk driving offense in the state of Wisconsin - from OWI - 1st, 2nd, 3rd or 4th misdemeanor offense to 5th and higher felony offenses. The successful criminal & drunk driving defense firm also represents people against vehicular homicide while intoxicated charges, as well as operating after suspension or revocation. Attorney Tracey A. Wood is highly regarded as Wisconsin's foremost authority on drunk driving laws & defense. Attorney Christopher T. Van Wagner has been three-times honored with the Martin Hanson Advocates Prize for numerous homicide acquittals.
Van Wagner & Wood's attorneys represent people across the state of Wisconsin, and have appeared in nearly every court, the most frequent of which include: Madison, Wisconsin Dells, Baraboo, Monroe, Darlington, Jefferson, Waukesha, Portage, Montello, Friendship, Mauston, Lancaster, Prairie du Chien, Wautoma, Wisconsin Rapids, Stevens Point, Wausau, Black River Falls, Viroqua, La Crosse, Eau Claire and Janesville, Wisconsin.
Drug Crimes
Van Wagner & Wood's criminal defense attorneys represent
people charged with drug related crimes, in both Federal and state cases. Those
attorneys most frequently represent people charged in the state of Wisconsin.
Federal Drug Charges: Van Wagner & Wood criminal defense
attornes routinely handle drug and other cases charged by a Federal agency.
State Drug Charges: Van Wagner & Wood's criminal defense
attorneys routinely handle drug related criminal cases for people residing in
Wisconsin, and most frequently residing in the following areas: Adams County,
WI (Adams, Wisconsin Dells), Ashland County, WI (Ashland), Barron County, WI
(Barron), Bayfield County, WI (Washburn, Bayfield), Buffalo County, WI (Buffalo
City, Mondovi), Burnett County, WI (Siren), Chippewa County, WI (Chippewa Falls),
Clark County, WI (Abbotsford), Columbia County, WI (Columbus, Wisconsin Dells),
Crawford County, WI (Prairie du Chien), Dane County, WI (Belleville, Black Earth,
Blue Mounds, Brooklyn, Cambridge, Cottage Grove, Cross Plains, Dane, Deerfield,
DeForest, Fitchburg, McFarland, Madison, Maple Bluff, Marshall, Mazomanie, Middleton,
Monona, Mount Horeb, Oregon, Rockdale, Shorewood Hills, Stoughton, Sun Prairie,
Verona, Waunakee, Windsor), Dunn County, WI (Menomonie), Eau Claire County,
WI (Abbotsford, Eau Claire), Grant County, WI (Mount Hope, Lancaster, Fennimore),
Green County, WI (Monroe), Iowa County, WI (Mineral Point, Dodgeville), Jackson
County, WI (Black River Falls), Jefferson County, WI (Jefferson), Juneau County,
WI (Mauston), La Crosse County, WI (LaCrosse, Lafayette, Darlington), Marathon
County, WI (Wausau), Monroe County, WI (Sparta), Pepin County, WI (Durand),
Pierce County, WI (River Falls), Polk County, WI (St Croix Falls), Portage County,
WI (Stevens Point), Price County, WI (Park Falls), Richland County, WI (Richland
Center), Rock County, WI (Janesville), Rusk (Ladysmith), St Croix County, WI
(Hudson), Sauk County, WI (Sauk City, Wisconsin Dells), Taylor County, WI (Medford),
Trempealeau County, WI (Whitehall), Waushara County, WI (Columa, Wautoma), Washburn County, WI (Spooner), and Wood
County, WI (Wisconsin Dells).
