Refusal – Fourth Offense – Dane County (September 2026)

Result: Refusal Dismissed; No OWI Charge Filed

Handled By: Attorney Corey Chirafisi

Summary: The client was stopped in downtown Madison for allegedly impeding traffic and was subsequently arrested on suspicion of impaired driving. Because of the client’s prior OWI history, his prohibited alcohol concentration was .02. A subsequent blood test showed an alcohol concentration of .06. The State nevertheless still had to establish that the initial traffic stop was lawful before the resulting evidence could be used against the client. Attorney Chirafisi reviewed the circumstances surrounding the stop and concluded that police lacked a lawful basis to seize the vehicle. Before the refusal hearing, the defense provided the prosecutor with the applicable case law and explained why the stop was unlawful. The prosecutor agreed with the defense’s analysis, voluntarily dismissed the refusal, and no OWI charge was filed despite the blood-test result.

← Back to Previous Page