 |
|
legal advice you can trust |
|
        |
WI BAC: .08 Attorney Tracey Wood is the foremost authority on WI drunk driving law & challenging prior conviction. She has successfully challenged many OWI cases & had court decisions reversed. |
 |
      |
||||||
|
Federal Criminal Defense Lawyers Wisconsin Criminal Defense Lawyers BLOGS Recordings Audio - Audiovisual - Music Downloads Blood Alcohol Content - BAC pAC Felon in possession (of a firearm, Dangerous Weapon) Headlines - legal news Meng Confesses To Murder & Jury Acquits Wisconsin Court of Appeals Reverses Drunk Driving Sobriety Test Refusal Conviction |
--- - --- Plea Bargains - Settlement Offers Fornication - Sexual Gratification Obscene Material & Performance Sexual Assault / Battery & Violent Sex Crime Sexual Assault Of A Minor Child Repeated Assaults of Sexual Assault Termination of Lifetime Supervision Operating Under Influence of intoxicants How to Choose a Criminal Defense Attorney When to Hire a Criminal Defense Lawyer |
Refusing Tests - Implied ConsentUnder Wisconsin's "implied consent" law, when a person acquires a driver's license, they give their consent to be tested for drunk driving, if they drive any motorized vehicle, and a police officer reasonably believes the driver is intoxicated. The implied consent rule applies to intoxication by any means including alcohol and drugs. If a person refuses to be tested, those laws provide for additional penalties including revocation or suspension of that person's driver's license for a minimum period of 1 year up to a maximum period of 3 years. If you refuse to test, your license will be immediately suspended, and you can still be charged with operating while intoxicated. 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. You will be entitled to discovery of evidence far broader than you'd have without refusing the test. This can be an invaluable advantage in defending the drunk driving case. (We discuss this in detail in the FAQ about 'special defenses' in refusal cases.) Particularly if you are facing a second or third offense drunk driving charge, refusal may be a tactically wise decision. But, 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 testRefusal 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 issues a "Notice of Intent to Revoke." This document starts a separate lawsuit, separate 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. This means that a driver in a refusal case is entitled to take depositions, use interrogatories, requests for admission, and requests for production: all tools normally prohibited in a drunk driving case. These procedures are not normally available in a drunk driving case. These tools can be invaluable. They can permit the defense lawyer to 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 LawyerIf 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 statewideRelated Topics:
|
|
|
