Blood Draw Instead of Breathalyzer in Wisconsin

Question: Can I ask for a blood draw instead of a breathalyzer in Wisconsin?

Answer: No, you cannot. But you can ask for a blood draw in addition to the breath test in Wisconsin. And there are some circumstances which lead people to be confused. A lot of times officers use a handheld preliminary breath test on the road when they’re determining whether to arrest somebody. That breath test is not evidentiary and it doesn’t count as any kind of a test as far as the Wisconsin implied consent laws are concerned. So the officer at that point is still going to ask for either a blood test or a breath test. If you refuse that test, you can be penalized for the refusal. And it’s the officer who determines whether it’s going to be a blood test or a breath test. But whatever they choose, you can ask them for an additional test, and the officer is required to provide that additional test, whether it’s blood or breath, once you’ve submitted to the test that they’ve requested, they are required to provide any additional test that you request.

 

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