If you are stopped and the officer suspects you have been drinking, you:
Correct answer
- May not refuse the BAC test.
- May refuse the BAC test if you haven't been drinking.
- May refuse the BAC test if you think you will fail.
Explanation
Wisconsin has an Implied Consent Law, which means that you must comply if a police or traffic officer asks you to take an alcohol test.
Common Driving Test Mistakes
- b) May refuse the BAC test if you haven't been drinking.
This is incorrect because implied consent laws do not allow you to refuse a BAC test based on your personal belief that you are sober. The officer's suspicion is the trigger for the test, and refusal carries penalties. Even if you are certain you haven't been drinking, you are still required to submit to the test. - c) May refuse the BAC test if you think you will fail.
This is also incorrect. You cannot refuse a BAC test simply because you anticipate a failing result. Implied consent laws apply regardless of your personal assessment of your intoxication level. Attempting to avoid the test based on fear of failure does not negate your legal obligation to comply.
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