During an OWI traffic stop, a suspect must make crucial decisions with law enforcement on the spot. One of these decisions is whether to submit to a breath test. It would be fair to characterize this decision as a legal “Catch-22”.
If you refuse to submit to a breath test, you will likely lose your right to drive temporarily. Under Wisconsin’s implied consent law, drivers who refuse a breath test can have their licenses revoked even if they are never found guilty of OWI. In addition, if you submit to a test and have high blood alcohol content (BAC) you could be found guilty of OWI and potentially lose your driver’s license.
As you can see, there is not a perfect answer to the question of whether you should submit to a breath test, and chances are you had to make that decision without the benefit of our advice.If you refuse a breath test, having an attorney working on your case as soon as possible is important to maximize your chance of saving your driver’s license or limiting the period you are without one. If you submitted to a breath test, you need an attorney to build an OWI defense strategy that fits the facts of your case, including your BAC results.