Get informed:
Drunk Driving & “Informing the Accused”
If you’ve been pulled over and arrested for operating while intoxicated (OWI) in Wisconsin, it is crucial to understand the legal steps that follow, especially the “Informing the Accused” process. As your trusted legal advocates, Mastantuono Coffee & Thomas can help guide you through every part of this challenging situation.
In Wisconsin, "Informing the Accused" is a formal procedure used by law enforcement during an arrest for operating while intoxicated (OWI). After a person is arrested for OWI, officers are required by law to read a document called the "Informing the Accused." This document is designed to advise the person of their rights, but it hardly does that because it is written in a confusing way. To compound that, not all of the information applies to every situation. This is the necessary first step before requesting a chemical test of breath or blood to determine alcohol concentration.
Nonetheless, we often get asked about what it means:
1. Arrest and Notice: After an arrest is made for OWI, the officer must inform the individual of their rights and the consequences of refusing a chemical test. The officer reads the "Informing the Accused" form verbatim, as required by law. Wis. Stat. § 343.305(4).
Key Information Provided: The form explains:
Your obligation under Wisconsin's implied consent law to provide a sample for testing.
Refusal to submit to the test will result in automatic penalties, such as license revocation and installation of an ignition interlock device. The penalty for a first offense requires that your license be revoked for 1 year.
If you submit to the test and the results show a prohibited alcohol concentration, may license may be suspended.
The person has the right to request an alternative test at their own expense after the officer's test.
Consequences of Refusal: Refusing to comply with the request for a chemical test can result in immediate and significant legal consequences, including the issuance of a Notice of Intent to Revoke Operating Privilege, leading to a hearing and the potential loss of your driving privileges. Moreover, the fact that you refused a test can also be used against you in court. The penalty for a first offense requires that your license be revoked for 1 year, with penalties increasing if there are subsequent offenses. Wis. Stat. § 343.305(10).
The "Informing the Accused" process is designed to ensure that any individual fully understands their legal obligations and the potential penalties of saying “No” to a test. If you are issued a citation for refusal, you have 10 to 13 days to request a hearing depending on how that refusal citation has been issued. Wis. Stat. § 343.305(8)(b)1.
If you have been issued a Refusal or OWI Citation, it is crucial to reach out to an attorney in order to guide you through this process, and fight for your driving privileges. Our team at Mastantuono Coffee & Thomas are here to help.