Legal Question in DUI Law in Wisconsin

I refused the breath test after taking the field test and passed everything she asked me to do. until she asked me to stand on one leg, I asked her how long she said until she say stop. I told her to do it, she said ok I told no until I tell you to stop she got upset as well as I did. then she stop the test and requested that I take the breath test which I refused.


Asked on 2/08/10, 10:47 am

1 Answer from Attorneys

JAY Nixon nixon law offices

Refusal charges have a devastating effect upon one's driver's license, including CDL's if you are a professional driver; the period of revocation is significantly longer than the conviction for the underlying drunken driving charge. It is therefore critical to always request that the court give you a hearing on the refusal within ten days after the ticket was issued. If that is not done in a timely fashion, you will lose your right to fight the refusal, even if you have a meritorious defense. Meritorious defenses to a refusal would include mental impairment caused by something other than drinking, such as a head injury, lack of lung capacity due to asthma, etc. Even if you do not have a good defense to the refusal, simply asking for the hearing provides your attorney with a bargaining chip which can sometimes lead to dismissal of the refusal and conviction on the drunken driving. You therefore really need to retain an experienced criminal traffic attorney to represent you in the matter as soon as possible. My comments in this online forum are offered for public educational purposes only and are not legal advice, nor do they create any attorney/client relationship between us. However, I may be able to formally represent you if you contact my Racine office and make arrangements to retain me. I also represent clients throughout WI.

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Answered on 2/14/10, 4:18 am


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