The Refusal Case Has Its Own Procedure
A refusal allegation can arise when a driver does not submit to an evidentiary blood, breath, or urine test after an OWI arrest. The officer serves a notice explaining how to request a court hearing.
Follow the written notice. Appearing on the OWI citation, contacting the prosecutor, or waiting for a court date does not automatically preserve the refusal hearing.
What the Hearing Decides
The court generally considers whether the officer had probable cause and lawfully arrested the driver, whether the statutory information was properly provided, and whether the driver refused the requested test.
- Review the Informing the Accused form
- Compare the warnings with audio and video
- Analyze the driver’s words, conduct, and medical circumstances
Refusal vs Roadside Testing
Field sobriety tests and preliminary breath tests are different from evidentiary chemical testing under implied consent.
- Identify exactly which test was requested
- Do not confuse the roadside PBT with evidentiary testing
- Review whether a warrant was later obtained
License and IID Consequences
An unlawful refusal can produce revocation, occupational-license waiting periods, and IID requirements that differ from the underlying OWI case.
- Calculate refusal and OWI consequences separately
- Verify the occupational-license waiting period
- Review prior refusals and OWI events
