DUI Refusal Hearing


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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00:00:07.640 --> 00:00:12.488 In the event an officer reads you the informing the accused document 00:00:12.688 --> 00:00:14.840 during the course of your arrest, 00:00:15.343 --> 00:00:17.743 in the event you say anything other than, 00:00:17.744 --> 00:00:22.080 "Yes, I'll submit to a chemical test of my breath or my blood," 00:00:22.100 --> 00:00:24.066 whatever they request of you, 00:00:24.266 --> 00:00:27.371 an officer can charge you with an additional citation 00:00:27.372 --> 00:00:29.343 for a refusal violation. 00:00:29.657 --> 00:00:33.771 It's akin to a violation of Wisconsin's Implied Consent Law. 00:00:34.520 --> 00:00:39.870 A very important deadline is triggered at the time that form is executed, 00:00:39.871 --> 00:00:45.149 called the Informing the Accused document, and that is the refusal hearing deadline. 00:00:45.286 --> 00:00:50.214 From the date of the refusal, you have 10 days to request with the court 00:00:50.254 --> 00:00:52.486 where your case will eventually be heard, 00:00:52.786 --> 00:00:56.229 10 days to request a hearing before the court 00:00:56.471 --> 00:00:59.400 on whether that refusal was reasonable. 00:00:59.714 --> 00:01:03.520 If you miss that deadline, there is no recourse. 00:01:04.271 --> 00:01:09.271 If you've refused a test, and you have an Informing the Accused document 00:01:09.500 --> 00:01:11.500 with a box marked no, 00:01:12.057 --> 00:01:17.586 or more likely, a document that says, "Notice of intent to revoke," 00:01:17.830 --> 00:01:20.929 it's extremely important that you contact us right away 00:01:20.930 --> 00:01:24.571 so that we can make sure that this deadline is not blown.

Andrew Mishlove and Lauren Stuckert

Mishlove and Stuckert, LLC Attorneys at Law

Mishlove & Stuckert, LLC Attorneys at Law has been rated the #1 OWI/DUI law firm in the state by Wisconsin Law Journal Reader Rankings. Our OWI/DUI specialists have been highly rated by organizations including: 

  • Avvo™
  • Super Lawyers
  • Martindale-Hubbell 
  • Better Business Bureau 

To speak with one of our board-certified OWI/DUI defense specialists, request a consultation online or call us at (414) 332-3499.

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