OWI: Refusal

Q. How do I know if I refused the chemical test after I was arrested for an OWI? If I did, what can I do about it?

A: What might seem like a simple question of how to know when you refused a test is actually more complicated than it might seem. For example, you might try to provide a breath sample but fail to provide an adequate sample for testing. Thus, despite taking the test, you are legally, at least initially, considered to have refused it. Furthermore, an officer can take a chemical test of your blood whether or not you consent. Thus, even though they drew blood, you might not have consented to the test.
The easiest way to determine whether or not you consented to the test is to look at the form you should have been provided at the time of your arrest entitled "Informing The Accused". About one-third of the way down the page is a sentence that begins "Will you consent to a chemical test of your [blood/breath/urine]? " Then there should be a checkmark in one of two boxes: YES or No. If the NO box is checked, then the law enforcement officer believed that you refused the test.

If you refused the test, then you are entitled to a hearing. In order to have this hearing, you must request it within TEN (10) days. There are only two defenses to a refusal of a chemical test: (1) You did not actually refuse the test, and, (2) Your refusal was a medical necessity.

For more information about Refusals, or any other OWI topic, or an assessment of your case, feel free to call us at 608-255-9491 anytime. Again, please remember that this post is NOT legal advice.