What Does Implied Consent Mean in a Wisconsin OWI Case?

 Posted on June 10, 2025 in OWI/DUI

In Wisconsin, if you have been arrested for driving under the influence, the official charge is operating while intoxicated (OWI). An OWI can have severe repercussions if you are convicted, and you likely have many questions about how the court and the law handle these cases. Part of understanding an OWI charge and building a robust defense is to familiarize yourself with the concept of implied consent and to speak with a Milwaukee OWI defense attorney.

What Is Implied Consent Under Wisconsin Law?

Most people know that law enforcement will ask you to submit to some tests if they stop you on suspicion of drunk driving. However, the question that many have is whether or not you have the right to refuse to take a breathalyzer test. The short answer is no. Wisconsin Statute 343.305 addresses implied consent, and according to this law, anyone issued a driver’s license in the state of Wisconsin consents to chemical testing – typically a breath test – if they are arrested for operating a motor vehicle while intoxicated. 

What Happens if You Refuse Chemical Testing for an OWI in Wisconsin?

Refusing to submit to chemical testing, which can sometimes be a blood or urine test, can worsen the impact of your charges. Under the implied consent law, the officers can force you to take the test. They do not need your explicit consent, and they may add a refusal charge to your case, resulting in an even more serious OWI if you refuse the test. Then, they will likely use your refusal against you in court.

Implied Consent Warnings

While an officer has the right to force you to take a chemical test, they also have the legal obligation to advise you of the consequences if you refuse to consent. If they fail to give you notice or improperly administer the test, it can affect whether your license is suspended for refusing to consent. If you refused a chemical test in your case but feel like you were not properly advised about what could happen to you for refusing, you need to speak with an attorney right away.

Does Implied Consent Apply to Field Sobriety Tests in Wisconsin?

Implied consent does not extend to field sobriety testing, such as walking heel to toe in a straight line or standing on one leg. Judging the results of these tests is highly subjective, and people can fail them for many reasons not related to being intoxicated. If an officer asks you to perform a field sobriety test, and you refuse, they cannot force you to do it. However, they will typically still arrest you for OWI. Talk to your attorney about how refusing or submitting to field sobriety tests could impact your OWI case. 

Schedule a Free Consultation With a Waukesha OWI Defense Attorney

If you were recently charged with an OWI in Wisconsin, you should contact an experienced Milwaukee, WI OWI defense lawyer at Bucher, Wolff & Sonderhouse, LLP. We are available 24/7 and can help you understand the charges and possible defenses for your case. Call 262-232-6699 to schedule your free consultation today. Remember, an OWI charge is not yet a conviction. You still have the right to defend yourself from the allegations against you.