It is a nightmare scenario for most people: getting pulled over after having several drinks. Suddenly, you see the flashing lights in your rearview mirror, and your stomach drops. You think, “What should I do if the police officer asks me if I have been drinking? Or worse, to take a breathalyzer test?” There are essential things to know if you are ever in this situation.

You may be surprised to learn that you have more rights than you think. However, you will need to proceed with caution because anything you say or do could be used in building a DUI case against you. So let us look at some of the relevant details before you decide whether to take or refuse a breathalyzer test. 

What Does the Law Say?

In Wisconsin, there is something called “implied consent” to testing for blood-alcohol-concentration (BAC) for simply driving a car on a highway or street in Wisconsin. Accordingly, you consent to chemical testing when an officer in a particular situation requests you or when you are required to do so.

Receiving a traffic ticket can be a stressful and intimidating experience. It is important to understand your options and rights so you can make an informed decision about how to proceed. Knowing what steps to take when you experience a traffic law violation can make all the difference.

Steps To Take Immediately After Receiving A Traffic Ticket

Remain calm and gather all necessary documentation. This includes the traffic ticket itself and any proof of insurance you may have.

Determine the deadline for responding to the ticket. This information should be provided on the ticket itself. It is important to respond by the deadline in order to avoid additional penalties or consequences.

Because of the number of serious and fatal car crashes that occur when people drive drunk, Wisconsin takes cases of operating while intoxicated (OWI) very seriously. The penalties imposed by the state can be very harsh and with this one mistake, you may jeopardize your future in numerous ways.

Getting an OWI with a minor in the car leads to even more serious consequences (although it is important to note that, for OWI purposes, a minor is someone under 16, not 18, years old). If you are facing charges of an OWI with a child in your vehicle, get help right away from a Wisconsin criminal defense attorney.

Will I Go to Jail for Getting an OWI with a Minor in the Car?

This depends on a number of factors; while most first-time OWI convictions are civil cases, having a minor in your vehicle can be charged as a criminal offense. You could receive up to six months in jail, a long-term license revocation (up to three years), expensive fines, and a requirement to have an Ignition Interlock Device (IID) in your vehicle if and when your driver’s license is reinstated. If this is not your first-time OWI, you face serious felony charges, including up to $50,000 in fines, up to 15 years in prison, and a driver’s license revocation that lasts for years after your prison sentence ends or which may even be permanent. With a minor in the car, fines increase to $100,000 and up to 30 years in jail is possible.

If your child has just been charged with underage OWI in Wisconsin, you may be feeling a range of emotions, from shock to anger to worry. It's important to know that there are consequences for underage drinking and driving, but there are also ways to minimize the negative impact of an OWI on your child's life. Here is what you need to know about the penalties for an underage OWI in Wisconsin and what you can do next.

Penalties for an Underage OWI in Wisconsin

The penalties for an Operating While Intoxicated (OWI) conviction for an underage person in Wisconsin depend on the facts of the case, but they can range from a fine to jail time. If your child is convicted of an underage OWI, they may face the following penalties:

• Fines of up to $500

  ...

Even if you have never had it happen to you, you probably have a pretty good idea about what it might feel like to be pulled over after having a few drinks. You see the flashing lights in your mirror, and your stomach drops. By the time the officer gets to your window, the nerves have probably started, but you want everything to go smoothly so you can get home without incident.

As you expect, the officer asks whether you have been drinking. You acknowledge that you did have a couple earlier in the night. Then, the officer asks you to take a breath test. Do you have the right to refuse?

What the Law Says

Under the law in Wisconsin, you give your “implied consent” to chemical testing for blood-alcohol concentration (BAC) by driving your vehicle on the highways and streets of the state. Specifically, you consent to such testing when requested by the officer in certain situations or when required by law.