When law enforcement officers choose to perform a chemical test, they have the option of testing a sample of your blood, breath, or urine. However, all testing procedures can have substantial issues with accuracy and reliability.
At the time that a chemical test is requested, the law enforcement officer is required to read the following:
"You have either been arrested for an offense that involves driving or operating a motor vehicle while under the influence of alcohol or drugs, or both, or you are the operator of a vehicle that was involved in an accident that caused the death of, great bodily harm to, or substantial bodily harm to a person, or you are suspected of driving or being on duty time with respect to a commercial motor vehicle after consuming an intoxicating beverage.
This law enforcement agency now wants to test one or more samples of your breath, blood or urine to determine the concentration of alcohol or drugs in your system. If any test shows more alcohol in your system than the law permits while driving, your operating privilege will be suspended. If you refuse to take any test that this agency requests, your operating privilege will be revoked and you will be subject to other penalties. The test results or the fact that you refused testing can be used against you in court.
If you take all the requested tests, you may choose to take further tests. You may take the alternative test that this law enforcement agency provides free of charge. You also may have a test conducted by a qualified person of your choice at your expense. You, however, will have to make your own arrangements for that test.
If you have a commercial driver license or were operating a commercial motor vehicle, other consequences may result from positive test results or from refusing testing, such as being placed out of service or disqualified."
If law enforcement officers request one or more chemical tests after an arrest has been made, and you fail to submit the requested samples, a refusal charge is likely. You have the option of requesting a hearing on your refusal charge. Under Wis. Stat. 343.305(9)(a)5, the scope of a refusal hearing is limited to whether there was probable cause for the arrest, whether law enforcement complied with Wisconsin's Implied Consent law and read the person arrested the Informing the Accused form, and whether the person actually refused the evidentiary test.
Chemical Test Refusals
Paul C. Rohloff, Attorney at Law, LLC © 2013 All Rights Reserved
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