Legal Question in DUI Law in Wisconsin

If my DUI was dismissed, why isn't my Refusal dropped with it. You need one to have the other, right?

Asked on 2/08/13, 12:50 pm

1 Answer from Attorneys


No, you are dead wrong; OWI charges go through the court system entirely independent from both refusal charges and the mandatory administrative revocation charges against your license based upon BAC (blood alcohol content). You could therefore actually win your drunken driving case in after a jury trial but still lose your license for six to 18 months or more via one of these implied consent law violation charges. Therefore it is certainly possible for you to negotiate dismissal of your OWI case, yet still "go down" on these totally separate charges against your drivers license. Those also count as prior OWI convictions for purposes of determining how many past OWI related convictions you have; for example, you next OWI would still be a second offense, even if you get your first offense case dismissed but still are convicted under the refusal. For this reason, nobody should attempt to negotiate any alcohol related charge on his own; you always need to consult with an experienced criminal lawyer. My answer here does not make me your lawyer, so you need to consult one of your own before acting upon this. For further discussions, you may contact my office at 333 Main St, Racine, WI 53403, 262-633-3090, during business hours, or see me on the web at See over 15 years of my previous answers to consumer questions at Attorney answers may contain advertising materials.

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Answered on 2/13/13, 6:04 am

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