Most drivers in Wisconsin don’t realize that they’ve already made a legal agreement with the State before they even turn the ignition. This agreement is known as “Implied Consent.” If you’ve been pulled over for an OWI in Madison, WI or the surrounding area, understanding this concept is the difference between keeping your license and facing an automatic one-year revocation. An experienced Madison OWI Lawyer can help you ensure you don’t make a mistake.

What Exactly is “Implied Consent”?

In Wisconsin, the law assumes that by the simple act of driving on our public roads, you have already consented to a chemical test of your breath, blood, or urine if an officer has probable cause to believe you are operating while intoxicated.

The Legal Logic: Wisconsin views driving as a privilege. To enjoy that privilege, you agree to play by the rules—specifically,Wisconsin Statute 343.305.

The Two Types of Tests (And Why They Matter)

It is a common misconception that all “breathalyzers” are the same. In an OWI investigation, you will likely encounter two different tests:

1. Preliminary Breath Test (PBT): This is the small, handheld device used on the side of the road. You can generally refuse this without “Implied Consent” penalties, though the refusal can still be used to help the officer justify an arrest.
2. Evidentiary Chemical Test: This happens after an arrest, usually at the police station (breath) or a hospital (blood). This is the test covered by Implied Consent.

The High Cost of Saying “No”

You have the physical power to refuse a chemical test, but you do not have the legal right to do so without consequence. If you refuse the evidentiary test, the state triggers a Refusal Proceeding, which is separate from your OWI charge.

Can You Fight a Refusal?

Yes. But the clock is ticking. From the moment you are served with a “Notice of Intent to Revoke,” you typically have only 10 days to request a refusal hearing.

We look for specific “outs” in these cases, such as:

• Did the officer have probable cause for the initial arrest?
• Did the officer read the Informing the Accused form correctly?
• Was the refusal actually a “physical inability” to take the test?

Don’t Face the 10-Day Deadline Alone

If you’ve been charged with an OWI or a Refusal in Madison, or anywhere in Wisconsin, your window of opportunity to save your driving privileges is strictly limited. Contact Rick Coad today for a free, confidential consultation. Call us or have your family member call Coad Law Office to help you out. Rick Coad has been named by Super Lawyers as one of Madison’s best OWI lawyers for almost two decades. He will ensure you get your best result. Give him a call: (608) 661-8080.