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Say “Yes” to Drug Testing

Implied Consent Laws in Wisconsin

Under arrest? You have the right to remain silent, but you don’t have the right to refuse a drug test. If an officer suspects you were operating a vehicle while under the influence (OWI), they may require you to submit drug tests after arresting you. You might wonder if this is a violation of your rights, but under Wisconsin’s implied consent law, you are legally required to comply.

The law states that “Any person who is on duty time with respect to a commercial motor vehicle or drives or operates a motor vehicle upon the public highways … is deemed to have given consent to one or more tests of his or her breath, blood or urine … when requested to do so by a law enforcement officer …”

Thus, when you operate a vehicle, you’re simultaneously giving your consent to submit whichever drug tests an officer requires following your arrest. Even if such tests feel invasive, the law requires you to take them because by getting behind the wheel, you technically give officers your permission to participate. If you refuse to do so or ask to speak to an attorney first, you may face serious penalties.

Penalties for Refusing to Submit a Drug Test

If you break the implied consent law, you may be charged with refusing to submit to chemical testing and suffer the following penalties:

  • License revocation for 1 year
  • Submitting an alcohol assessment
  • Using an ignition interlock device for 1 year
  • Attending alcohol treatment programs

To best avoid facing serious penalties, Attorney Cherella can defend your freedom and protect your rights. When you retain his representation for your OWI case, you can feel confident that he will leverage his former prosecutorial experience by preparing powerful defenses against the prosecution’s anticipated attacks to avoid being caught off guard or unprepared in the courtroom. The Law Offices of Christopher J. Cherella will do what it takes to help you win.

We are available 24/7. Schedule your free consultation online or by calling (414) 882-8382!