Consequences of out of state test refusal in WI?

Asked almost 3 years ago - Milwaukee, WI

I have a valid WI license. Few months back I was charged with DUI in KS. My criminal charge (KS 1st DUI offense is misdemeanor) got dismissed. But I refused to take the chemical test in KS. I've requested hearing and that's coming up soon. If I lose administrative hearing in KS, does WI suspend license for out of state test refusal? I read entire license suspension manual of WI and I don't see any out of state test refusal category for suspension. Will WI suspend my license for out of state test refusal if so how long?
I'd appreciate any feedback or comments. My lawyer in KS is not familiar with WI laws.
Again, I am NOT CONVICTED of DUI in the court!

Attorney answers (3)

  1. Karyn T. Missimer

    Contributor Level 18

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    Lawyers agree

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    Answered . In my experience, yes, WI will revoke for an out of state refusal. If this is your first refusal, the revocation will be for one year; and you are not eligible for an occupational license the first 30 or 45 days of the revocation. You may also have to undergo an alcohol and other drug assessment and follow through with any recommended treatment before your regular driving privileges are reinstated.

    The best way to confirm the above is to call the DOT and ask. Do not give personal information about yourself. Ask as a hypothetical for a friend. Or, have someone else call for you.

    FYI: In WI, a refusal counts as a prior OWI conviction. So, if you arrested for another OWI in WI within 10 years of your out of state refusal conviction, it will be a second offense OWI.

    Good luck!

  2. Michael R. Cohen

    Pro

    Contributor Level 15

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    Answered . I agree with the previous answer. Ms. Missimer is one of the best at what she does and her information and advice is spot on assuming that in fact what you are discussing is a "refusal." Your question is a bit confusing though because it sounds like you could be talking about what in WI is an administrative proceeding with DOT. If that is what you are talking about, Wi will not take action here. WI will only act against your license for an actual OWI or Refusal conviction. In WI, refusals are heard by a judge in court, not by DOT. What you really need to find out is what is actually the nature of your proceeding in KS and whether it is one that will have consequences here. Also, if KS can use the refusal against you to prosecute the OWI as well and you lose that then it may not matter anyway. Talk to your lawyer in KS and make sure you know what is really going on there. Good luck.

  3. Andrew Mishlove

    Pro

    Contributor Level 9

    1

    Lawyer agrees

    Answered . In addition to the above, you may also be ordered to install an ignition interlock device on any car that you own or drive. Andrew Mishlove

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