Question: Are warrants required in OMVWI cases for breath tests in Wisconsin? If so, what is the process?

Answer: Warrants are generally not required for breath tests. A police officer in a drunk driving case that wants to do a breath test will usually begin by asking you if you will consent or if you will agree to take a breath test. And if you say yes to that, they can go ahead with the test. If you say “no,” then you may be subject to penalties for refusing to take the breath test, which could include in Wisconsin the revocation of your drivers license. But generally they can’t force you to take a breath test and they can’t get a warrant.

Sometimes if you refuse to take a breath test, the police agency will give you the penalties for refusing to take the test and they’ll leave it at that. Sometimes if you refuse to take the test, the police will decide that they want to get a warrant for a blood test, because they can get a warrant for a blood test. And if that is obtained and signed off on by a judge, they can take you to a hospital and they can get a blood test.

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