Understanding Wisconsin's Implied Consent Law

Wisconsin's implied consent law is one of the most misunderstood — and most consequential — parts of the state's OWI laws. It affects every single person who gets behind the wheel in Wisconsin, whether they know it or not.

What Is Implied Consent?

Wisconsin's implied consent law (Wis. Stat. § 340.01) states that by driving on Wisconsin roads, you have automatically consented to chemical testing — breath, blood, or urine — if a law enforcement officer has probable cause to believe you've been driving while intoxicated. You don't have to sign anything. You don't have to verbally agree. Your consent is implied by the act of driving.

What Happens If You Refuse?

Refusing a chemical test triggers automatic penalties that are separate from any OWI charges. This is a key point: even if you're never convicted of OWI, you can still lose your license for refusing the test.

The penalties for refusal are:

• First refusal: Automatic 1-year license revocation
• Second refusal: Automatic 2-year license revocation
• Third or subsequent refusal: Automatic 3-year license revocation

These revocations are in addition to any OWI-related license suspensions. And unlike OWI penalties, there's no plea bargaining on a refusal — if the officer had probable cause and you refused, the revocation is automatic.

Can the Police Force a Blood Test?

Yes. If you refuse a chemical test, the officer can seek a warrant from a judge to force a blood draw. Wisconsin law allows law enforcement to obtain a warrant for a blood sample if they have probable cause. If the warrant is granted, your blood can be drawn against your will, and you'll still face the refusal penalties on top of the BAC evidence.

Should You Refuse or Take the Test?

This is one of the most debated questions in DUI defense, and there's no one-size-fits-all answer. Here are the considerations:

Arguments for taking the test:

• No automatic license revocation for refusal
• If your BAC is under .08, the test result may help your case
• Refusal can be used against you in court (the prosecution can argue that refusal shows consciousness of guilt)

Arguments for refusing:

• If your BAC is well over .08, refusing prevents the state from having direct evidence of your BAC
• Refusal makes the prosecution's case harder to prove
• Some attorneys believe the automatic revocation is worth the trade-off if it means avoiding a conviction

The best approach is to discuss this with an attorney before you're ever in this situation. But in the moment, the most important thing is to be polite and respectful regardless of what you decide.

The 10-Day Deadline

If you refused a chemical test, you have only 10 days from the date of your citation to request a DMV administrative hearing to challenge the refusal-based revocation. If you miss this deadline, the revocation becomes automatic and you lose your right to fight it.

This is why it's critical to contact an attorney immediately after an OWI arrest. Call (608) 535-6554 for a free consultation.