What does it mean if I was not given a Notice of Intent to Revoke?

Asked almost 4 years ago - Platteville, WI

I did not directly refuse a breathalyzer but that is how the officer decided to take the situation. There was no breathalyzer or blood draw on the night of the incident, and I did not receive the Notice of Intent to Revoke. How do I proceed with this situation?

Attorney answers (3)

  1. Andrew Mishlove

    Pro

    Contributor Level 9

    1

    Lawyer agrees

    Answered . We will occassionally run into this situation. The Notice of Intent to Revoke is an imporatnt document. If there was no breath or blood test, then it is highly likely that this document was issued, and you (better yet your attorney) needs to respond to it within ten days. Sometimes the document is lost or the officer fails to give it to you. Our practice is to assume that there is a refusal allegation pending and proceed to challenge it...better safe than sorry. This, however, must be done skillfully, as improper delivery of the Notice of Intent may be grounds for dismissal of the refusal - if the issue is raised properly. Contact a qualified attorney. Andrew Mishlove

  2. Karyn T. Missimer

    Contributor Level 18

    1

    Lawyer agrees

    Answered . I agree with the second answer. I write to add that if the notice of intent to revoke was issued and you have already defaulted on the drivers license revocation, you may be able to reopen the refusal with a properly drafted motion.

    As the second answer indicated, if you truly were not issued a notice of intent to revoke, then you may have grounds for the revocation, if any, to be dismissed. But if the notice of intent to revoke was not issued and your license has not been revoked, it may be best to leave sleeping dogs lie.

    Good luck!

    WI OWI Lawyers: http://www.quality-attorneys.com/Practice-Areas...

    DUI Defense in WI: http://missimer-law.com/practice-areas/dui-owi/

  3. Phillip Darrell Kimbrell

    Contributor Level 15

    Answered . If you were arrested or otherwise charged with a DUI then you need to hire yourself an attorney as soon as possible

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