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Implied Consent Law

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The Wisconsin Implied Consent Law

Wisconsin’s Implied Consent Law is a legislatively-created tool to help law enforcement officers collect evidence following an arrest of a person for OWI and OWPAC. Essentially, the law provides that an individual, by simply operating or driving a motor vehicle on the public highways of this state, is deemed to have given his or her consent to collect and test one or more samples of an individual’s blood, breath or urine after an arrest for an OWI, an OWPAC, or a related violation. Ordinarily, following an arrest for an OWI, an OWPAC, or a related violation, the arresting officer will request that the individual either submit to blood, breath or urine test. The law enforcement agency does have the authority under the law to request more than one sample or test.

The Implied Consent Law creates two potential penalties affecting an individual’s operating privileges: 1) an “Administrative Suspension” pursuant to chemical test results; and 2) a court-ordered revocation pursuant to a “Refusal” to submit to a chemical test. The “Administrative Suspension” procedure applies if an individual ratifies his or her “implied consent” by submitting to the chemical test at the request of law enforcement. If the results of the chemical test report a value of an alcohol concentration in excess of that permitted by law or the presence of a restricted controlled substance, the individual’s operating privileges are subject to suspension for period of six (6) months. The arresting officer is required to issue a “Notice of Administrative Suspension.” The “Refusal” procedure applies if an individual revokes his or her “implied consent” by refusing to submit to the chemical test at the request of law enforcement. In this instance, the arresting officer is required to immediately issue a “Notice of Intent to Revoke Operating Privileges.” An individual’s operating privileges, depending on his or her traffic record, are subject to revocation for a period of twelve (12) months or longer. In addition, a revocation or suspension under the Implied Consent Law can be used to subsequently enhance the penalty to an OWI or an OWPAC charge in the future.

The Administrative Suspension process and a Refusal charge can be contested and challenged. However, there are extremely short time-frames involved to bring a challenge and the nature of the challenges are limited by statute. An Administrative Suspension process and a Refusal charge are serious and should be taken as seriously as the OWI charge and OWPAC charge itself. Failure to correctly challenge the violations may lead to, not only the loss of operating privileges, but the loss of potentially critical information necessary to mount a successful defense.

Read your paperwork carefully. If you would like to seek administrative review of the suspension / revocation (in hopes that the suspension / revocation is overturned), you or your attorney must request a hearing generally within 10 days of your arrest. Keep in mind that this administrative review applies only to your implied consent administrative action and has nothing to do with the OWI criminal charge.


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Beyond Expectations

My husband had never been in any legal trouble before and we didn’t know what to do or what the process was. Attorney Kaehne was very upfront and willing to explain every step of the way. My husband can be very skeptical when it comes to trusting people with his best interest, but Attorney Kaehne always remained professional and helpful. My husband was facing the possibility of years in prison and Attorney Kaehne was able to get the matter dismissed. He will always be our first choice!

The Outcome was Far Better than I Expected

Attorney Kaehne always communicated with me on what was going on and his plans for future court appearances. The outcome of the case was far more better than I expected and am really pleased that Chad did what he did to get this issue resolved.

Treated like Family

Amazing people as well as amazing attorneys. I was always treated like family.

Not Guilty Verdict

Attorney Corey Mehlos gave my case the upmost attention. He worked very hard and many long hours on it. I was impressed with his dedication and his understanding to my wishes. Not Guilty verdict at my jury trial. I highly recommend him.

In Good Hands

One of the best things about this firm is that they are truly advocates for you in every sense of the word. They listen, affirm, and explain everything without all the jargon that can so often times come with anything regarding the legal cases. I felt supported and knew I was in good hands.

Getting Responses at 9:00 pm at Night

The best lawyer you can hire for your case! Chad was extremely helpful and polite in answering all of my questions. I was even getting responses to my emails at 9 at night. He did a great job helping me get through the legal process. I recommend him to anyone needing a good lawyer.

Keen Sense of Justice and Honesty

Amaro is a very efficient attorney with extensive knowledge of the hispanic culture and language. He has a keen sense of justice and honesty. For the years I have know him he has proven to be a source of counsel. His clients will find his humble and cordial demeanor, appealing and refreshing. This is why I would recommend Amaro to everyone looking for legal advice.

Never Stops Working

An excellent attorney. Nicholas was very helpful with our case. He excelled at explaining complex legal concepts. Very accessible, we never had an issue getting an answer to a question. I don't think he stops working. Highly recommended.

Passion and Understanding for her Clients' Wishes

Attorney Cottle helped with my immigration case, she made the whole process much less stressful and you could tell she had a passion and understanding for her clients' wishes. Great experience, would highly recommend!

Available and Responsive to Needs of her Clients

Attorney Laborde shows professionalism in everything she does. She is a thorough lawyer who honestly cares about her clients and represents them to her full ability. She makes herself available and is responsive to the needs of her clients. I would certainly recommend her family law services!

Over-the-Top Attorney

From my experience, Attorney Kelsi Cottle has been an over-the-top attorney. She keeps me apprised of my case, has answered my questions, and treats me with respect. She has been very efficient, handles things expediently, and I feel I am represented by a very sharp attorney who has my best interest in mind.