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Implied Consent Law in Wisconsin

According to Wisconsin law, any person who drives or operates a motor vehicle on the public highways of the state is deemed to have given consent to be tested in one or more ways should they be stopped for suspicion of OWI.  The test can be through breath, blood, or urine, and the results are used for the purpose of determining the presence or quantity of alcohol, controlled substances, or any combination of alcohol and controlled substances. The tests shall be administered upon the request of a law enforcement officer.  The tests will be administered either at the officer’s office or other agency facility.  The officer will administer two of the three tests and may designate which test will be administered first.

Additionally, since the officer is choosing which test to administer, it cannot be selected by the driver.  Any attempt to do so may be taken as a refusal by the officer.  Once the first test is administered, the driver may take the alternate test the officer is prepared to give at their expense and/or a test of the driver’s own choosing at the driver’s expense.  The officer is required to provide the driver with a reasonable opportunity to arrange for their own test.


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