What Happens if You Refuse a Breathalyzer Test in Wisconsin?

If you’re pulled over for suspected drunk driving in Wisconsin, you may be asked to take a breathalyzer or another type of chemical test. Many drivers wonder if they can refuse this test—and what the real consequences are if they do.

The answer is important, and it may surprise you: refusing a breathalyzer or chemical test in Wisconsin carries serious penalties, sometimes even more severe than a first-offense OWI. 

Why are these penalties so harsh? To discourage people from avoiding evidence collection. Wisconsin’s law intentionally makes refusal costly because if everyone refused, it would be harder to enforce OWI laws and protect the public from drunk driving.

Here’s what you need to know if you’re ever faced with this situation.

Understand Wisconsin’s Implied Consent Law

Wisconsin is what’s known as an “implied consent” state. This means that simply by driving on Wisconsin roads, you have already agreed (or “consented”) to submit to chemical testing of your breath, blood, or urine if an officer has probable cause to believe you are operating while intoxicated.

There are a few key points of implied consent:

• It applies to evidentiary chemical tests (breath, blood, urine) after an arrest—not roadside portable breath tests.
• If you refuse after being lawfully arrested, you face immediate civil consequences—even if you are never convicted of OWI.
• The law exists to make it easier for police to collect evidence of drunk driving and keep impaired drivers off the road.

What Actually Happens When You Refuse a Breathalyzer?

If you refuse to submit to an evidentiary chemical test (the test at the station, not the roadside PBT) after arrest:

1. Notice of Intent to Revoke: The officer will serve you with a notice that your license will be revoked.

2. 10 Days to Request a Hearing: You have just 10 days to request a refusal hearing to challenge the revocation.

3. Automatic Penalties: If you don’t request the hearing—or you lose at the hearing—your driver’s license will be revoked, and additional penalties apply.

Law enforcement may still obtain a warrant for a blood test after a refusal. Refusing does not guarantee that your BAC or drug level won’t be discovered; it only adds additional penalties to your case.

Penalties for Refusing a Breathalyzer or Chemical Test

Refusing an evidentiary chemical test in Wisconsin triggers administrative and legal penalties, which can be more severe than the penalties for a first-offense OWI:

Field Sobriety Test vs. Chemical Test Refusal

Refusing roadside field sobriety or portable breath tests (PBT) does not carry administrative penalties—but can still lead to arrest. It’s the refusal of the evidentiary breath, blood, or urine test (usually requested at the police station) that triggers implied consent penalties.

Can Police Force You to Provide a Sample?

If you refuse a chemical test, law enforcement can request a search warrant for a blood sample. If granted, they can legally use reasonable force to obtain your blood—even though you already face the administrative penalties for refusal.

Is Refusing a Breathalyzer an Admission of Guilt?

Legally, refusal can be used as evidence against you in court. Prosecutors may argue that refusal shows “consciousness of guilt”—that you refused because you knew you were over the legal limit. However, refusing does not guarantee a better legal outcome and can, in fact, make your situation worse.

How Long Will a Refusal Stay on Your Record?

Just like an OWI conviction, a refusal to take a breathalyzer or chemical test can remain on your record for life in Wisconsin, impacting future legal situations and your insurance rates.

What Should You Do If You’re Facing a Refusal Charge?

Three things:

1. Act Fast—Request a Hearing

You have only 10 days to request a refusal hearing to challenge the revocation. Missing this window means losing your license, regardless of the outcome of your OWI case. 

2. Hire an Experienced OWI Attorney

The laws and potential defenses are complex. An experienced attorney can:

• Help you challenge the legality of your stop or arrest

• Contest whether you truly refused the test

• Represent you at your refusal hearing

• Explore if proper procedures were followed by law enforcement

3. Understand Your Rights

You don’t have to answer incriminating questions, and you can refuse preliminary roadside tests (field sobriety and PBT) without direct administrative penalties. However, after arrest, refusal of the evidentiary test will trigger the penalties described above.

Need Help? Contact Stangl Law for a Free Consultation

If you’re facing an OWI or refusal charge in Wisconsin, don’t wait. The penalties and process move fast, but having the right legal team can make all the difference. Contact Stangl Law today for a free consultation and take the first step toward protecting your license and your future.

Understanding Your Right to Refuse Field Sobriety Tests in Wisconsin

One of the most effective tools police use in building OWI cases is your voluntary participation in field sobriety tests.

Yet, most people don't realize they have the legal right to refuse field sobriety tests.

FREE 10-Minute Consultation

Wisconsin Attorney Pat Stangl, with offices in Madison and Hayward, specializes in aggressive defense for clients charged with OWI, DUI, DWI, BAC, PAC, drug possession and other criminal offense charges. Click the link below to get a FREE 10-minute consultation with Attorney Stangl, at no obligation.