If you arrested for driving under the influence, you may wonder whether or not you should have taken a chemical test. A chemical test, also known as a breathalyzer test is used to measure the amount of alcohol in your blood through a sample of your breath. Many drivers think that the police cannot force you to take this test. In most countries of the US, the law enforcement officers won’t force you to give them a sample of your breath. However, not taking the test doesn’t mean you will avoid a DUI charge. Refusing a breathalyzer test can lead to severe consequences.


In case you are arrested for OWI, the first thing you should do is find a reliable OWI attorney in WI to defend you. Nathan J. Dineen Attorney at Law has the necessary legal knowledge and negotiation skills that can help you obtain the most favorable results in the case.

Consequences of Refusing a Chemical Test

As we said, the police won’t force you take the test. However, if you have shown signs of drunken behavior, you can still be charged with an OWI. The decision of whether or not to take the test is very important because it can immediately lead to different outcomes of your drunk driving case. In some countries, refusing a breathalyzer test can immediately lead to license suspension or fines. Depending on your case, if during the investigation evidence of drunk driving are obtained in other ways, such as through witness testimonial, the fact that you refused to cooperate will only make things worse in court.


You are probably wondering how the court can take away your license if you refuse to take a chemical test. US laws are regulated in a specific way, meaning that driving a car in this country is not considered a right, but a privilege. When you apply for a driver’s license in your state, you are basically entering into a contract with the state. Entering into a contract means you have to agree to certain things in order to get your driving license. Therefore, one of the things you have agreed on is to automatically agree to take a breathalyzer test whenever a police officer asks you to do so. If you refuse, you are basically renouncing of your privilege to drive. To make things simple, refusing to submit to a chemical test automatically means you are breaching your contract with the state. Every breach of contract has its own specific consequences. In this case, the most significant consequence you likely will face is losing your right to drive. In most states of US, your driver’s license will be suspended for one year and it doesn’t have anything to do with the end result of the case. No matter whether you are considered guilty or innocent, you won’t be eligible for a hardship or conditional license until that period of suspension time expires.

No matter whether or not you have refused a breath test, Nathan J. Dineen Attorney at Law can help you. Refusing the test doesn’t mean you will automatically be convicted, just as taking the test also doesn’t necessarily mean you can’t still have the charge dismissed or reduced.