All too often, a person who has been stopped and cited for Operating a Motor Vehicle While Intoxicated, is perplexed to find that he or she has also been issued a citation for refusing to submit to a breath, blood or urine test. In this situation, a client will often ask me: "Why are they saying I refused? I blew into the device the first time they asked me to. I don't see why I should have to do it a second time?" Hopefully this post can clear up the confusion surrounding when you can, and when you cannot, refuse to provide a requested evidentiary breath or blood sample.
Can I serve my jail time at home?
The possibility of jail time is an anxiety-producing thought for many people. Accordingly, a common question I receive from clients is whether they're eligible for house arrest - meaning, can they serve their jail sentences at home? The answer, generally, is that it depends on a number of things.
I Want My Phone Call
The police have you sitting in an interrogation room in Wisconsin, and they tell you that they want you to make a statement. You invoke your Fifth Amendment right to remain silent, and refuse to discus anything without an attorney (which is exactly what you should do). "That's fine," they tell you. "We're arresting you and taking you to the county jail." At this point you might be a little nervous, not just about what the police are talking about but letting your family and friends know where you are. "I know my rights, I want my phone call." You tell the officers. You know you can call people, have them get ready to post your bond, make arrangements for your kids, or even just have someone call you into work. The officers refuse and bring you straight to jail. Have you just had your rights violated?
