Wisconsin DUI Refusal — Penalties & Consequences

Refusing a chemical test during a OWI stop in Wisconsin has consequences on both the administrative and criminal tracks §343.305. Understanding what a refusal triggers — and what it does not prevent — is critical to evaluating your situation.

By driving on Wisconsin roads, you have implicitly consented to chemical testing (breath, blood, or urine) when an officer has lawful grounds to arrest you for OWI. This does not mean you cannot refuse — it means refusal itself carries legal consequences.

A first refusal in Wisconsin results in: 1-year license revocation (refusal is a separate civil infraction with additional penalties).

This administrative suspension is separate from criminal penalties. The Implied consent law provides an incentive to submit to testing, and refusal carries its own distinct consequences.

In Wisconsin, your refusal can be used as evidence against you at trial §343.305.

Refusing the test does not end the criminal case. The prosecution can still pursue OWI charges based on:

• Officer observations (driving pattern, physical symptoms, statements)
• Field sobriety test results
• Any other available evidence (dashcam video, witness testimony)
• In some jurisdictions, a warrant-obtained blood draw despite the refusal

Refusal makes the administrative track worse (longer suspension, fewer options for restricted driving) while making the criminal track different — not necessarily better or worse. The prosecution loses a specific number but may gain a jury inference from the refusal itself.

The hearing deadline is the same as for test failures: 10 days after notice to request the department's review of the administrative suspension (13 days, excluding Saturdays, Sundays and holidays, if the notice was mailed) §343.305(7); §343.305(8). At the hearing, the issues may include whether the officer had probable cause, whether the implied consent advisement was properly given, and whether the refusal was knowing and voluntary.