Can I Refuse a Breath Test After Being Pulled Over For DUI?

 Posted on January 22, 2026 in DUI/OWI

Each year, hundreds of thousands of drivers across the country are stopped and arrested for suspected DUI. In 2025, data based on FBI Uniform Crime Reporting estimates showed that nearly 805,000 people were arrested nationwide for driving under the influence. During these stops, officers may ask drivers to submit to a breath test to measure alcohol concentration.

In Wisconsin, DUI is officially known as operating while intoxicated, or OWI. While DUI is a commonly used term, OWI is the name used in Wisconsin law. As of 2026, Wisconsin still enforces strict implied consent rules related to breath testing during OWI investigations. If you have been pulled over and asked to take a breath test, guidance from a Waukesha County, WI DUI/OWI defense lawyer can help you understand how refusal works and what it may mean for your license and your case.

Can You Refuse a Breath Test in Wisconsin?

You can refuse a breath test in Wisconsin, but the refusal comes with automatic legal consequences. Wisconsin follows an implied consent system, which means that drivers are considered to have already agreed to chemical testing by choosing to drive on public roads.

Refusing the test does not end the investigation. Instead, it starts a separate process focused on the refusal itself, even before the DUI charge is resolved.

What Is Wisconsin’s Implied Consent Law?

Wisconsin’s implied consent law is found in Wis. Stat. § 343.305. This law explains when officers can request a breath, blood, or urine test and what happens if a driver refuses.

Before asking for the test, the officer must read a specific warning that explains the consequences of refusal. Once that warning is given, choosing not to take the test is treated as a violation under Wisconsin law.

What Are the Penalties for Refusing a Breath Test During a DUI Stop?

Refusing a breath test usually leads to immediate administrative penalties. These may include:

• Driver’s license revocation

• Fines and court costs

• Possible ignition interlock device requirements

• Use of the refusal as evidence in a DUI case

Under Wis. Stat. § 343.305(9), the court can hold a refusal hearing. At this hearing, a judge reviews whether the officer had lawful grounds to request the test and whether proper procedures were followed.

Can Police Make You Take a Blood Test During a DUI Stop in Wisconsin?

In certain situations, officers may seek a warrant for a blood test after a refusal. This is more common when there are injuries, prior DUI offenses, or other serious factors involved.

A blood test is different from a breath test and is often used when officers believe chemical evidence is still necessary after a refusal.

Does Refusing a Breath Test Help or Hurt a DUI Case?

Refusing a breath test does not automatically help or hurt a DUI case. Refusal means there is no breath alcohol number for the state to use. However, it also allows prosecutors to argue that the refusal itself suggests you had reason to worry about what the test results would show.

What Is the Difference Between Roadside Tests and Chemical Tests?

Roadside tests, such as field sobriety tests and preliminary breath tests, are often voluntary. Chemical tests requested after arrest are different.

Once you are under arrest and the implied consent warning is read, refusing a chemical test carries specific penalties. Understanding this difference can help drivers make informed decisions during a stop.

When Should You Talk With a DUI Defense Lawyer in Wisconsin?

It is a good idea to speak with a lawyer as soon as possible after a DUI stop, especially if you refused testing. Refusal cases move quickly, and there are deadlines for challenging license revocation and requesting hearings.

Early guidance can help review whether the stop was lawful, whether the implied consent warning was properly given, and whether the refusal penalties can be challenged.

Schedule a Free Consultation With a Racine County, WI DUI Defense Attorney

Breath test refusal cases often depend on small details and how the stop was handled. Bucher Law Group, LLC offers valuable insight into how DUI cases are investigated and prosecuted in Wisconsin. Attorney Bucher served for 20 years as the Waukesha County District Attorney. He was also elected twice as President of the State Wide District Attorneys Association and worked on dozens of statewide task forces focused on violent crime. Over the course of his career, he has handled thousands of cases, including many of the most high-profile and complex matters in Wisconsin.

If you have questions about refusing a breath test or are facing a DUI charge, contact a Waukesha County, WI DUI defense lawyer. Call 262-446-9222 to schedule your free consultation and learn what options may be available to you.