Description
In Wisconsin, if you respond with anything other than "yes" when the arresting officer reads you the informing the accused form and requests you submit for testing, you may also be charged with a refusal violation. From the date of the refusal, you have 10 days to request a court hearing on whether your refusal was reasonable. You don't want to miss this deadline—contact the DUI defense attorneys at Mishlove and Stuckert right away for help ensuring your bases are covered.
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In the event an officer reads you
the informing the accused document
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during the course of your arrest,
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in the event you say anything other than,
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"Yes, I'll submit to a chemical test
of my breath or my blood,"
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whatever they request of you,
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an officer can charge you
with an additional citation
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for a refusal violation.
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It's akin to a violation
of Wisconsin's Implied Consent Law.
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A very important deadline is triggered
at the time that form is executed,
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called the Informing the Accused document,
and that is the refusal hearing deadline.
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From the date of the refusal,
you have 10 days to request with the court
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where your case will eventually be heard,
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10 days to request a hearing
before the court
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on whether that refusal was reasonable.
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If you miss that deadline,
there is no recourse.
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If you've refused a test, and you have
an Informing the Accused document
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with a box marked no,
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or more likely, a document that says,
"Notice of intent to revoke,"
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it's extremely important
that you contact us right away
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so that we can make sure
that this deadline is not blown.
