DOT Administrative Suspensions

Actions Required of Officer Upon Arrest

If results from a chemical test (blood or breath) indicate an alcohol concentration over the legal limit, the arresting officer must do each of the following (assuming the Implied Consent Law requirements were followed): (1) report the results to the DOT (2) take the arrestee’s license and forward it to the DOT. The Wisconsin operating privilege is then administratively suspended for 6 months.  The arrestee is provided with a pink form, called the Notice of Intent to Suspend Operating Privilege.  This form serves as a temporary license and is valid for 30 days.

Requesting the Administrative Review

Along with the pink Notice of Intent to Suspend, the officer must provide the arrestee with a yellow Administrative Review Request form.  This form must be filled out and mailed to the DOT within 10 days after the date on the notice, or within 13 days if the notice is mailed (excluding Saturdays, Sundays, and holidays).  Failure to mail the form within 10 days effectively waives your right to a review.  Instructions on how to request an administrative review are printed on the form.

The Administrative Hearing

The DOT must hold the administrative suspension review hearing within 30 days after the date of notification.  The arrestee may present evidence and may be presented by an attorney.  There is no statutory or constitutional right to counsel, however. The arresting officer does not need to appear at the hearing unless he or she is subpoenaed; however, the officer is required to submit to the hearing examiner a copy of his or her report and the results of the chemical test.

The hearing is limited to the following issues:

1. the correct identity of the person;
2. whether the person was informed of the options regarding tests;
3. whether the person had a prohibited alcohol concentration at the time the offense allegedly occurred;
4. whether one or more tests were administered in accordance with the Implied Consent Law;
5. if one or more tests were administered, whether each of the test results for those tests indicates the person had a prohibited alcohol concentration; and
6. whether probable cause existed for the arrest.

The administrative suspension review hearing is an informal hearing.  The hearing examiner is a DOT employee. There is no court or judge.  The hearing may be held by: (1) phone, (2) written arguments, or by (3) appearance in-person.

Decision of Hearing Examiner

Notice of the hearing examiner’s decision is mailed to the arrestee, usually within one or two days of the hearing. If the hearing examiner finds that the criteria for administrative suspension have not been satisfied, or that the arrestee did not have a prohibited alcohol concentration at the time of the incident, the examiner must issue an order and notice to the arrestee that the DOT will not administratively suspend the arrestee’s driving privilege.  If the examiner finds otherwise, the administrative suspension will continue.

Notice of Decision, Judicial Review, and Stay of DOT Decision

Along with the notice of the hearing decision, the hearing examiner must notify the arrestee in writing of the right to judicial review.  The notice should also inform the arrestee of the court’s authority to issue a stay of the suspension.  If the hearing examiner fails to mail the  notice within 30 days after the date of the notification, the administrative suspension is vacated and the operating privilege is automatically reinstated.

Occupational Licenses

An occupational license is a restricted driver’s license. The Department of Transportation (DOT) limits your driving in terms of times of day and places to which you may drive.  You may only drive to and from work, church, or other places (e.g., medical or treatment/counseling) indicated on the license.  You may not use an occupational license for recreational purposes or to operate a commercial motor vehicle.  Your total driving time is limited to 12 hours per day and no more than 60 hours per week. If you operate outside the specific hours listed on your occupational license or for a purpose other than those permitted on the license, you could be arrested for operating after suspension or revocation.

How to Apply

To apply for an occupational driver’s license, your regular license must first be revoked or suspended.  The DOT has made available on their website supplemental information regarding the occupation license process, “Occupational License Information,” and a sample DOT occupational license application. These forms will provide you with information and steps you need to take to get your occupational license.

There are many other requirements you must satisfy before becoming eligible for an occupational license.  Contact our office today to learn more about the application process.

OWI Sentencing in Wisconsin Varies by Judicial District

In Wisconsin, sentencing guidelines for OWI convictions are determined by each judicial district. While these guidelines outline key factors for consideration, judges retain discretion to evaluate the unique facts and circumstances of each case when imposing a sentence.

Although Wisconsin’s OWI sentencing guidelines provide a framework, they do not mandate specific sentences beyond statutory minimums. Judges may adjust their decisions based on aggravating or mitigating factors, ensuring each sentence reflects the individual nature of the case.

OWI Sentencing Guidelines Differ Across Counties

OWI penalties can vary from one county to another within Wisconsin, as counties are grouped into nine judicial districts, each with its own guidelines informed by state law. These guidelines assist courts in determining appropriate OWI sentences.

Illinois DUI Drivers

Special Considerations

If you are an Illinois resident with an Illinois driver’s license, you need aggressive representation more so than a Wisconsin driver does. There is a huge difference in the way Illinois treats an OWI / DUI first conviction in Wisconsin. In Wisconsin, the minimum penalties for a first drunk driving offense (called OWI in Wisconsin) are a 6-month revocation of your driving privileges, and a fine of roughly $800.   Here’s the problem: a Wisconsin drunk driving “conviction,” even if it is a first offense, is treated by Illinois the same as if it were your second or third drunk driving arrest.

Why?  How does this happen?  Drivers arrested and charged with drunk driving in Illinois (called “DUI”) for the first time routinely receive a resolution that involves the driver participating in something called, “court supervision.”  Court supervision usually involves the driver’s license being suspended for a few months, and the driver is ordered to attend classes.  Upon successful completion of these things, the DUI case is then dismissed.  The end result = no DUI conviction.  This alternative resolution is offered to the Illinois driver several times before the DUI arrest eventually results in a DUI conviction.  Therefore, by the time an Illinois driver gets her first official DUI “conviction,” she will have had at least one or two (or more) prior DUI arrests. She could lose her license indefinitely. This is why the impact of a Wisconsin OWI “conviction” on the Illinois driver’s license, even for a first offense, can be devastating.

This is a highly specialized area of OWI/DUI law. You need aggressive representation the moment you get arrested. We have successfully resolved hundreds of OWI cases across Wisconsin. Many of our clients have been Illinois drivers just like you who would have otherwise been blind-sided by the justice system.

Contact us as soon as possible to schedule a free consultation to discuss your case.  Initial consultations are available by phone, Zoom video, or in person at our Milwaukee Office or our Waukesha Office.  Whatever works best for you!

WI Blood Alcohol Charts

How many drinks does it take?

The blood alcohol charts below are made available by the DOT. However, if you know there is a chance you might have a drink or two when you go out, the safest thing to do is to find a ride home before you head out. Don’t mess around with charts trying to determine how many drinks you can safely consume before you head home. That said, the following charts are provided solely for those who are merely curious.

Determining how many drinks equals 0.08 blood alcohol level begins with defining what “a drink” means.   According to the Bureau of Transportation Safety, Wisconsin
Department of Transportation:

1 drink = 0.54 oz of alcohol

0.54 oz of alcohol is found in:

• 1 ounce liquor (100 proof)
• 12 ounces beer
• 4-5 ounces wine

The Bureau of Transportation Safety, Wisconsin Department of Transportation has produced the following blood/breath alcohol content (BAC) charts. The way to read them is as follows: Start by finding the number on the chart that reflects a person’s weight and the number of drinks consumed.  Take this number from the chart and subtract from it the amount of alcohol eliminated since the time of the first drink, using the average rate of .015 per hour.

EXAMPLE:  If a 180 lb. male had five drinks in two hours, his BAC might be around 0.74.
.104 (from the chart) – (.015/hr x 2 hrs) = 0.074


 

EXAMPLE:  If a 120 lb. female has two drinks within an hour, her BAC might be around 0.061
0.076 (from the chart) – (.015/hr x 1 hr) = .061

OWI DUI DWI Drunk Driving FAQ

Frequently Asked Questions about OWI in Wisconsin

Facing OWI (Operating While Intoxicated) charges can be complex and overwhelming. Whether it’s your first offense or a repeat conviction, it’s important to understand your rights and the legal process. This FAQ section answers some of the most common questions people have about OWI in Wisconsin, including penalties, legal procedures, and possible defenses. Please remember that this information is not a substitute for legal advice, and consulting with an attorney is always recommended.

Q: What is the difference between OWI, DUI, DWI charges?

A: These are merely the various acronyms or shorthand different states use when referring to drunk driving charges. For example, Wisconsin calls their drunk driving offense Operating While Intoxicated or Impaired (OWI). California calls it Driving Under the Influence (DUI). Each statute may differ slightly in the actual language and elements required to prove a drunk driving charge, but they are otherwise essentially the same.

Q: What will I get for a third drunk driving conviction?

A: There is no short answer for this question.  Sentencing of OWI cases depends upon many factors.  Judges refer to Wisconsin OWI sentencing guidelines when sentencing individuals for drunk driving.  The guidelines are different for each county in Wisconsin.  The guidelines for any given county are based on a chart divided into two columns (mitigated or aggravated) and several rows (level of blood or breath alcohol content).  Generally speaking, the higher the alcohol content, the more severe the penalties.  Each case is different and there are other factors that guide a judge at sentencing.  Sentencing is a complex process that no individual or attorney should take lightly.  Every attempt should be made to mitigate or downplay the negative facts of your case, and identify and emphasize the positives.  You should consult with an attorney before making any decisions about your case and never rely solely on information found on the Internet.

Q: Will I be penalized twice if I get an OWI and a PAC conviction?

A: No. Wisconsin law does not permit this. Operating while Intoxicated or Impaired (OWI) and Prohibited Alcohol Content (PAC) carry the same penalties, but only one will apply if you get convicted of both.

Q: Are all drunk driving charges criminal offenses in Wisconsin?

A: No. First offense OWIs in Wisconsin are a non-criminal offense, called forfeitures. They result in the issuance of a citation and fine, but no jail time. Only the second and subsequent drunk driving charges are criminal misdemeanors or felonies.

Q: Is there any way to stop the DOT from suspending my license before my case is over?

A: Possibly. If you have filed the Department of Transportation (DOT) form requesting an administrative suspension review hearing before the 10 day deadline, you or your lawyer will have a chance to cross examine the officer who arrested you at an informal hearing held at the DOT. If, after the hearing, the DOT decides to suspend your license, your lawyer may be able to get a court order preventing that suspension. About a week or so after the hearing, you should receive a notice from the DOT with their decision and a form to request a judicial review of their decision. Some judges believe that the statute governing this procedure prevents them from reviewing the DOT decision before the day of the trial. This is a common misinterpretation, by lawyers and judges alike. The confusion lies in a subtle distinction in the wording of the statute. Wisconsin Statutes § 343.305(8)(c) does indeed provide that the review shall be heard at the time of the trial. The “review” described in subsection (8)(c), however, pertains to a judicial hearing held for the purposes of determining whether to rescind or sustain the administrative suspension. A on the other hand, is a separate determination, made available to the court by subsection (8)(c)2, pending or in advance of the court’s decision to rescind or sustain the administrative suspension. Subsection (8)(c)2 provides, in relevant part:

The department shall vacate the administrative suspension under sub. (7) unless, within 60 days of the date of the request for judicial review of the administrative hearing decision, the department has been notified of the result of the judicial review or of an order of the court entering a stay of the hearing examiner’s order continuing the suspension.

In other words, section 343.305(8)(c)2 acknowledges two separate mechanisms by which the court may change the status of the administrative suspension: a judicial review hearing, or a discretionary stay of the suspension.

Because the legal issues yet to be adjudicated in the underlying OWI (operating while intoxicated) charge may determine whether the suspension will be enforceable in the first place, your lawyer may be able to persuade a judge to sign a legal motion and order “staying” or temporarily preventing the DOT from administratively suspending your license until such time as a final determination may be made by the court at a judicial review hearing.

This information is not meant to serve as legal advice. You should consult with a qualified attorney before making any decisions about your case and never rely solely on information found on the Internet.

Q: Is it true that a refusal ticket counts as an OWI?

A: Yes. A refusal ticket, which will show up on your driving record as an “IC” or implied consent violation, is counted as an OWI. That is why it is so very important to request a refusal hearing within the 10 days deadline set by the Wisconsin Department of Transportation (DOT).

Q: When do I have to pay the fine for an OWI?  What happens if I can’t pay it?

A: You have 60 days from the date of conviction to either 1) pay the fine to the Clerk of Court or 2) apply for a payment plan. Failure to do either before the 60 day deadline will result in a 2 year suspension of your Wisconsin driving privileges.