Drivers in Wisconsin and throughout the United States understand that it is illegal to drive while under the influence of alcohol or drugs. Doing so may result in an arrest by a police officer and charges of operating a vehicle while intoxicated (OWI). Drivers who have been pulled over and are suspected of driving while intoxicated will want to understand their rights and the steps they can take to protect themselves from consequences. Tests used to measure a driver’s blood alcohol content (BAC) are one issue that these drivers may need to address, and it is important to understand whether a person can refuse these tests or whether they should consent to testing.
BAC Tests and Implied Consent
In Wisconsin and other states, drivers are considered to have given consent to chemical testing of their BAC when they obtained a driver’s license. This means that a driver could potentially face consequences for refusing to take a BAC test. However, it is important to understand that the implied consent law applies to tests that are performed following an arrest rather than to roadside tests performed by a police officer prior to an arrest.
After an officer pulls someone over, they will be looking to establish probable cause, or a legal reason to perform an arrest. In some cases, an officer may decide to arrest a driver based on their observations before or after pulling a person over, such as erratic driving, the smell of alcohol on a driver’s breath, or open containers of alcohol that are visible in the vehicle. In other cases, the officer may ask a driver to breathe into a portable breathalyzer device that will give an estimate of their BAC, or a driver may be asked to step out of the vehicle and perform field sobriety tests that are meant to gauge their level of intoxication. Drivers are allowed to refuse these tests, although doing so may be seen as an indication that a driver has been drinking and is afraid to take a test, and this refusal may provide an officer with probable cause to arrest the driver.
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