Question: What is implied consent in Wisconsin?

Answer: Implied consent is a statute, a law, in Wisconsin that states that anyone who is driving on the roads of Wisconsin is presumed to have consented already to giving law enforcement a sample of their blood breath or urine if certain circumstances are met. Now, if those circumstances are met and you refuse to provide that sample—so if law enforcement says, “I have reason to believe that you are operating while intoxicated. I want you to provide a sample of your breath.” If you say no, then you can be punished for saying no because you’re driving on the roads, you’re presumed to have consented. It doesn’t necessarily mean that law enforcement can force you to provide a test; I think some people believe that. But it doesn’t mean they can force you to provide a test, but if you refuse and they have the necessary grounds to ask, then they can punish you—usually by loss of license or affecting your license in some way in the future—for that refusal.

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