Illinois drivers arrested for drunk driving in Wisconsin should be aware that refusing a chemical test can result in serious legal and license consequences in both Wisconsin and Illinois.
A Refusal of a Chemical Test occurs when law enforcement alleges that a driver declined to voluntarily submit to a requested breath, blood, or urine test following a DUI/OWI arrest. Under Wisconsin’s Implied Consent Law, drivers are deemed to have consented to chemical testing if a police officer has probable cause to believe the driver is under the influence of alcohol or drugs.
If a driver refuses testing, Wisconsin law enforcement will issue a Notice of Intent to Revoke. If the refusal charge results in a conviction, Wisconsin penalties may include:
- 12-month driver’s license revocation
- 12-month Ignition Interlock Device (IID) requirement (breathalyzer)
For Illinois drivers, the consequences do not stop at the Wisconsin border. A Wisconsin refusal conviction can also trigger license action by the Illinois Secretary of State, potentially leading to the suspension or revocation of Illinois driving privileges.
Because refusal cases involve complex interstate license consequences, working with an attorney experienced in Wisconsin OWI defense and Illinois driver’s license issues is critical to protecting your ability to drive and minimizing long-term penalties.
