Field sobriety tests are tools used by a police officer to help determine if you are under the influence of alcohol to drive safely. The officer may place you through a series of exercises, i.e. walking an imaginary line, counting on your fingers or reciting the alphabet or counting backwards. If you refuse to take these sobriety test, you may be subject to additional charges or penalties which may cause you to incur additional fines and license suspensions.
2. What if I refuse a breath or blood test?
Wisconsin has "implied consent" laws that require vehicle drivers to submit to some form of chemical test, such as breath, blood, or urine testing if suspected of a drunk driving offense. A refusal to take a breath or blood test may subject a person to additional penalties for the refusal in addition to a potential OWI charge.
In Wisconsin, having the key in the ignition of the vehicle will satisfy that the intent is there to operate the vehicle, as long as there was the ability to operate the vehicle. Therefore, yes you can be arrested for OWI even if the vehicle wasn't turned on.
Open container laws prohibit the possession of any open alcoholic beverage container and the consumption of any alcoholic beverage in the passenger area of a motor vehicle.
The penalties for an OWI conviction will vary and depend on whether this is a first, second, third or subsequent conviction. Penalties for operating a motor vehicle while intoxicated range from a forfeiture and license revocation for a first offense, to up to 6 years imprisonment, 3 year license revocation, significant fines and installation of ignition interlock device for subsequent offenses.
Additionally, more severe penalties apply if injury or death results.
• Department of Transportation OWI and Alcohol and Drug Penalties.
You should speak to one of our attorneys to insure that you receive the best result possible.
You will need to speak to an attorney regarding the options available for your individual case. Sometimes occupational licenses are available so that individuals with suspended or revoked licenses can still drive under certain conditions.
If you are charged with a drunk driving offense, the stakes are high and the consequences can be long term. Just as important, there are several very important deadlines that expire shortly after you may be cited for an OWI. It is very important you meet with an experienced OWI attorney as soon as possible so that many of your valuable rights and interest are protected. Contact our office today to schedule a free consultation to discuss your options. Never go into a courtroom alone!