Refusal hearings
Requesting and preparing for the hearing, which focuses on a limited set of questions about the stop and the request.
In Wisconsin, refusing a breath or blood test after an OWI arrest starts its own process, separate from the OWI itself, with a short deadline to ask for a hearing. VHD Law can help you understand it.
Wisconsin's implied consent law means that by driving here, you are considered to have agreed to chemical testing when an officer properly requests it after an OWI arrest. When a driver is accused of refusing, the officer issues a notice of intent to revoke, and a separate refusal case begins.
That refusal case has its own deadline: you generally have only 10 days to request a hearing. It also carries its own consequences, which can include a revocation and an ignition interlock requirement, even if the OWI charge itself is later resolved differently. In rural areas like the Town of Erin, where stops on county and state highways are often made by sheriff's deputies, the details of how the request was made deserve a close look.
This is the document that starts the refusal case and the hearing deadline.
Missing the deadline can mean losing the chance to challenge the revocation.
Write down what you were told about testing and what you said, while it is fresh.
We help drivers stopped in the Town of Erin and nearby communities with both sides of the case.
Requesting and preparing for the hearing, which focuses on a limited set of questions about the stop and the request.
Whether the officer read the required information and handled the request properly.
The stop, field sobriety tests and any other evidence in the OWI case itself.
What a refusal revocation can mean and when an ignition interlock may be required.
The Town of Erin is a rural community in southern Washington County, and many stops here are made by Washington County deputies on state and county highways rather than by a city police department. Cases from the town are generally heard in the Washington County Circuit Court at the Justice Center in West Bend.
If the stop happened at night on a quiet road, think about what you saw and heard: where the officer pulled you over, whether there were other cars and how long you waited. Those details can matter when the stop and the testing request are reviewed.
Our West Bend office is close to the Washington County Justice Center. Contact our team to schedule a consultation.
Find Wisconsin court contact informationYour attorney can explain which local court or agency is involved once the details of your matter are known.
We confirm when the refusal notice was issued and how much of the 10-day window is left.
We talk through whether to request the hearing and what it can accomplish.
We look at the stop, the arrest and the testing request together.
With the refusal handled, we turn to the OWI charge and the options it presents.
A refusal can carry consequences that are more severe than those of a first-offense OWI with a test result. That surprises many drivers, which is why the refusal notice should never sit in a drawer.
If you are not sure whether you received a refusal notice, bring everything you were given and we will look.
Get to know the VHD Law attorneys who work in this practice area. Contact our team to discuss appointments and your legal needs.
Nathan represents clients facing criminal allegations and DUI/OWI matters in Wisconsin.
View Attorney ProfileQuestions about test refusals and OWI stops in the Town of Erin area.
The officer issues a notice of intent to revoke your operating privilege. You generally have 10 days to request a refusal hearing; if you do not, the revocation can take effect.
It is limited to a few issues, such as whether the officer had probable cause, whether the required information was provided and whether you actually refused.
Yes. The refusal is a separate matter. Its outcome does not automatically follow the result of the OWI charge.
Cases from the Town of Erin are usually heard in the Washington County Circuit Court in West Bend.
Find information and consultation options for nearby Wisconsin communities.
See other legal matters our team can discuss with clients in the area.
Accused of refusing a test after a stop in the Town of Erin? Call soon so the hearing deadline does not pass.