Alcohol & Drugs: DUI, DWI Blood taken w/o consent after dui suspicion

[Cat402]

My sons co- worker went into the ditch after leaving work superbowl Sunday. He did have a few beers after work while watching the superbowl. He left and a short distance from work he slid in the ditch. My son was asked to go help him get out of ditch. A local shows up but he couldn't do much but chat, then left. They worked on getting the car out when two squad cars and a sheriff show up. They start questioning the men and then run their plates. The co- worker was asked to perform a sobriety test, they questioned my son, who had not been drinking. He was still working but clicked out to help this co- worker. My son was asked to take all his co workers money, for bail. The guys daughter came for car. At intake, he was told they wanted to do a blood test, the guy refused and was told, you'll do it or we'll hold you down and take it. My question is what are his rights in the state of Wisconsin, Sauk county?? This seems like ut has to be addressed on a higher level if the area law enforcement are misusing their authority? Or am I wrong on this entirely?

 

[army judge]

My sons co- worker went into the ditch after leaving work superbowl Sunday. He did have a few beers after work while watching the superbowl. He left and a short distance from work he slid in the ditch. My son was asked to go help him get out of ditch. A local shows up but he couldn't do much but chat, then left. They worked on getting the car out when two squad cars and a sheriff show up. They start questioning the men and then run their plates. The co- worker was asked to perform a sobriety test, they questioned my son, who had not been drinking. He was still working but clicked out to help this co- worker. My son was asked to take all his co workers money, for bail. The guys daughter came for car. At intake, he was told they wanted to do a blood test, the guy refused and was told, you'll do it or we'll hold you down and take it. My question is what are his rights in the state of Wisconsin, Sauk county?? This seems like ut has to be addressed on a higher level if the area law enforcement are misusing their authority? Or am I wrong on this entirely?

Implied consent is a legal rule which allows the police to obtain a chemical test from you to see if you have been drinking or using drugs to the point of being intoxicated while driving. The law (§343.305) specifically says:

Implied consent. Any person who is on duty time with respect to a commercial motor vehicle or drives or operates a motor vehicle upon the public highway of this state … is deemed to have given consent to one or more tests of his or her breath, blood or urine, for the purpose of determining the presence or quantity in his or her blood or breath, of alcohol, controlled substances, controlled substance analogs or other drugs, or any combination of alcohol, controlled substances, controlled substance analogs and other drugs, when requested to do so by a law enforcement officer.

Must you submit to a test to determine your blood alcohol level?

Yes. If you drive on the roads in Wisconsin or have a Wisconsin driver's license, you are deemed by law to have consented to providing a breath, blood or urine test under certain circumstances. This is called Wisconsin's Implied Consent Law. Refusal to give a sample when asked is a separate offense, which then counts as a prior conviction.

An officer may request a sample whenever a person is under arrest for any of the following:

1. The general OWI law.
2. Commercial driver between .04 and .08.
3. Homicide by OWI
4. Great Injury while OWI
5. Injury while OWI
6. Injury by Commercial driver with BAC of .04 to .08
7. Violation of the absolute sobriety law by underage driver

You only have to let them test you using one of the approved methods. You are not required to blow into a PBT, and there is no penalty for not blowing into that device. Since that device is typically used to establish probable cause to arrest you, it may be for the best to politely refuse.

http://www.badgerlawyer.com/owi-law/owi-implied-consent.php

 

[mightymoose]

This seems like ut has to be addressed on a higher level if the area law enforcement are misusing their authority? Or am I wrong on this entirely?

Sorry, but you are wrong entirely. Typically the option is given for a breath test or blood. Sometimes breath equipment is not available. Blood can be drawn, by force if necessary, without a warrant.

 

[mightymoose]

Since that device is typically used to establish probable cause to arrest you, it may be for the best to politely refuse

Unfortunately refusal to submit to a breath test will automatically result in an arrest and a blood draw, but yes it is generally better to refuse the test. The logic is that the BAC may be lower by the time the blood draw is made, which in some jurisdictions can be an hour our more.

 

[army judge]

Unfortunately refusal to submit to a breath test will automatically result in an arrest and a blood draw, but yes it is generally better to refuse the test. The logic is that the BAC may be lower by the time the blood draw is made, which in some jurisdictions can be an hour our more.

The information is from a Wisconsin lawyer.

Wisconsin has a rather unique approach to refusal and implied consent.

In WI, it seems you CAN refuse to blow.

You can't refuse a blood raw.

 

[mightymoose]

As far as I know you can refuse the breath test in any state, but refusing results in a blood draw. You can't refuse and be on your way.

 

[army judge]

As far as I know you can refuse the breath test in any state, but refusing results in a blood draw. You can't refuse and be on your way.

You can refuse a breath test in Wisconsin.

Refusing a breath test doesn't mean you just walk away.

That's why the bit on implied consent.

Refuse to blow, and you'll just be subjected to a a blood draw or urine test.

The WI statute uses the words "chemical test".