Wisconsin · OWI · Checked October 2026
Refusing a Breath or Blood Test in Wisconsin
Refusing a Breath or Blood Test in Wisconsin: What Are the Rules?
What happens if you refuse a breath or blood test in Wisconsin.
- Refusal penalty
- Revocation by court order: 1 year for a first improper refusal (occupational license after 30 days), 2 years with one prior counted within 10 years, 3 years with two or more priors; periods doubled with a minor passenger under 16; ignition interlock order; assessment and driver safety plan. You have 10 days from the Notice of Intent to Revoke to request a court hearing; without a request, revocation starts 30 days after the notice
- License suspension for refusing
- 1 year (first improper refusal); 2 years with one prior within 10 years; 3 years with two or more priors (court-ordered revocation)
- Deadline to challenge
- 10 business days
Refusal Penalties in Wisconsin
revocation by court order: 1 year for a first improper refusal (occupational license after 30 days), 2 years with one prior counted within 10 years, 3 years with two or more priors; periods doubled with a minor passenger under 16; ignition interlock order; assessment and driver safety plan. You have 10 days from the Notice of Intent to Revoke to request a court hearing; without a request, revocation starts 30 days after the notice.Wis. Stat. § 343.305(9)(a), (10)(a)-(c), (10m); Wis. Stat. § 343.301(1g)(a)1.
License Suspension for Refusing in Wisconsin
1 year (first improper refusal); 2 years with one prior within 10 years; 3 years with two or more priors (court-ordered revocation)Wis. Stat. § 343.305(7)(a), (8)(a)-(b), (9)(a)4., (10)(b)
Official source: license suspension for refusing (Wisconsin)
More on OWI Law in Wisconsin
See the full overview of OWI laws in Wisconsin and read about implied consent laws in every state.
This page summarizes Wisconsin law from official sources, checked October 2026. It isn't legal advice; a lawyer licensed in Wisconsin can advise on your case.
Frequently Asked Questions
What Happens if You Refuse a Breath Test in Wisconsin?
revocation by court order: 1 year for a first improper refusal (occupational license after 30 days), 2 years with one prior counted within 10 years, 3 years with two or more priors; periods doubled with a minor passenger under 16; ignition interlock order; assessment and driver safety plan. You have 10 days from the Notice of Intent to Revoke to request a court hearing; without a request, revocation starts 30 days after the notice.
How Long Is the Suspension for Refusing?
1 year (first improper refusal); 2 years with one prior within 10 years; 3 years with two or more priors (court-ordered revocation)