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Legalease
Legalease, Lawyer
Category: Legal
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Experience:  15 years exp all aspects of general law
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Does the state of Wisconsin have the legal right to carry out

Resolved Question:

Does the state of Wisconsin have the legal right to carry out its implied consent law? According to the Supreme Court, it is perfectly legal to deny an officer to draw your blood unless they have a warrant, based off the 4th Amendment. How can the State than turn around and charge you for denial of the consent law and punish you accordingly and take away your license?
If I refused to give an officer access to my home, I wouldn't have my right to homeownership taken away and/or be charged with another crime.
Submitted: 1 year ago.
Category: Legal
Expert:  Legalease replied 1 year ago.

Hello there

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The state of WI and all states have the right to suspend your drivers license if you fail to comply with the breathalyzer or blood test in order to show whether you are sober or not during a particular traffic stop (this is not unique to WI - it is the law in every state). The reasoning behind this is because being able to drive on the roads of any state has long been considered and held in court cases to be a privilege and not a right. So, under this theory, when your license to drive has been suspended because of failing to take a blood test, the state is not taking away any of your rights for the failure to do so. They are suspending a privilege that you enjoy as part of being a law abiding citizen of WI and of any US State. I truly wish I could give you a different answer here, but it would be unprofessional of me to lie to you or to gloss over the truth in order to keep you happy with my answer and this is a long settled area of the law.

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MARY

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Legalease, Lawyer
Category: Legal
Satisfied Customers: 14510
Experience: 15 years exp all aspects of general law
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