Arrested for drunk driving in Wisconsin?
What to know about roadside breath tests a/k/a “breathalyzers” in drunk driving arrests.
In Wisconsin, law enforcement officers have the authority to request a preliminary breath screening test (PBT) under specific circumstances, as outlined in Wisconsin Statute § 343.303. This test, often administered roadside using a handheld device, is typically used when an officer has probable cause to believe a driver is operating a vehicle while under the influence of alcohol. It's important to understand that this preliminary test serves a specific purpose: To help the officer determine whether or not to make an arrest for OWI (Operating While Intoxicated) and whether to request further, more definitive chemical tests under Wisconsin Statute § 343.305.
It's crucial to recognize the limitations of a PBT. According to Wisconsin law, the results of this preliminary screening are generally not admissible as evidence in court, except in very specific situations. These exceptions include demonstrating probable cause for an arrest if that arrest is challenged, or to show that a subsequent chemical test was properly requested. Unlike the evidentiary breathalyzer tests conducted at a police station or jail, the PBT is primarily an investigative tool for law enforcement at the scene.
While you are not legally obligated to submit to a preliminary breath screening test in Wisconsin, refusing to do so can still have consequences. An officer may use this refusal, along with other observations, as part of their determination of probable cause for an OWI arrest. Following a lawful arrest, the rules change significantly, and submitting to an evidentiary chemical test (breath, blood, or urine) under § 343.305 becomes a legal obligation under Wisconsin's implied consent law. Understanding the distinction between these preliminary and evidentiary tests is vital for all drivers in Wisconsin.
Take steps to protect yourself now
An arrest on suspicion of OWI carries potentially life-altering consequences. It is critical to consult with an attorney with experience defending and winning drunk driving cases. Valley View Law is the highest-rated law firm in Southwest Wisconsin for representing people accused of drunk driving. We represent clients all over rural parts of the state. If you are in Richland County, Grant County, Iowa Count, Green County, Lafayette County, Sauk County, Vernon County or Juneau County, and have been arrested for drunk driving, contact us now to set up a no-cost, judgment-free consultation.
