Skip to main content

Consequences of out of state test refusal in WI?

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

Posted

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!

Mark as helpful

1 found this helpful

2 lawyers agree

2 comments

Asker

Posted

So when they suspend my license, do I have an option for administrative hearing here in WI? I heard from some lawyers that WI counts refusal as prior conviction but doesn't take any action towards license suspension for out of state refusal. I guess I ll verify with WDOT.

Karyn T. Missimer

Karyn T. Missimer

Posted

If WI revokes your driver license due to an out of state refusal, you will not get an administrative hearing.

Posted

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.

Mark as helpful

1 found this helpful

2 lawyers agree

4 comments

Asker

Posted

Thanks for the answer. In KS, refusal is taken by DMV not the court.For refusal, DMV set up administrative hearing. In court, prosecutors claim refusals as admission of guilt and try to convict in DUI. But if you win, KS court doesn't take further action for refusals. After that it is totally upto DMV whether to suspend license or not by doing administrative hearing. In administrative hearing, there is no judge, no prosecutor only DMV employee, me and my lawyer. If I was convicted of DUI by judge in the court, then that would trigger suspension automatically.But this administrative suspension by DMV is totally different beast.

Asker

Posted

In KS, refusal is heard by DMV and not the court/judge. When you are charged with DUI in KS, there are two proceedings: DUI offense in court and test refusal/failure in DMV( called administrative suspension). One proceeding is independent of others. So, if you are free from court on DUI offense and face no license suspension from court, you still can face administrative suspension for chemical test failure(<0.08)/chemical test refusal. And when you are guilty of DUI in court and may not face license suspension through administrative hearing but administrative hearing can’t overrule court’s decision to suspend the license. So, I was not guilty of DUI. Chemical test result is used by DA to prosecute you in court for DUI and if you refuse, it is just hard for them to prove you were drunk beyond a reasonable doubt. So, they take other evidence to prosecute you. DUI is a criminal offense whereas test refusal is a civil lawsuit brought to you by KS DMV for test refusal or failure. For administrative hearing, there is no judge, no prosecutor; only DMV official, me and my lawyer. Actually, my lawyer told me that I don’t even need to be there for hearing. So, basically my lawyer and DMV official. So, in this case, since I don’t have OWI/DUI conviction from court, can license suspension through civil lawsuit be used by WI to suspend my license for test refusal?

Michael R. Cohen

Michael R. Cohen

Posted

It sounds like what you are talking about at this stage is an administrative hearing only that would not count in WI but until all of your issues are resolved in court and with the DOT one can not say what is going to happen to your license here in WI. If however all that you have is an administrative suspension and nothing else you likely will have a good argument to prevent action on WI on your license here but it will depend on what exactly is the nature of the action and how and by whom in KS to be sure.

Asker

Posted

Yes, all I have left is administrative hearing. I don't have conviction for test refusal and DUI from court. When I called DOT of WI, they said if they receive notification from court for DUI, they ll suspend the license but the operator was not sure about administrative suspension of KS. WI DOT has a handbook that outlines the license suspension period, but nowhere it has mentioned about the out of state test refusal suspension.

Posted

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

Mark as helpful

1 lawyer agrees

1 comment

Asker

Posted

Do I need a lawyer in WI? KS will definitely send refusal suspension to WI? I think WI is not a member of DLC.

Criminal defense topics

Top tips from attorneys

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics