In Wisconsin, a first offense drunk driving is not a crime. Instead, it results in a citation, similar to a speeding ticket, but with much more serious consequences. These consequences include a fine that totals between $800 and $1,100, a mandatory alcohol and drug assessment and follow-up treatment classes, potentially an ignition interlock device, and — of most consequence to the majority of people — a 6 to 9 month driver’s license revocation.
The most common questions asked by individuals charged with drunk driving are: Will I lose my license? And will I still be able to drive? The answer to both is yes.
The Administrative License Suspension Process
The first thing that happens after a drunk driving arrest is a chemical test of your breath or blood to determine your blood alcohol level. If that test returns a result higher than the legal limit of 0.08, the Wisconsin Department of Transportation (DOT) will initiate an administrative suspension process, which can result in a six month driver’s license suspension.
This process is entirely separate from any court proceedings and can even result in a license suspension before your first court date.
The Notice of Intent to Suspend and Your Response Deadlines
The suspension process is started by the service of two documents:
- Notice of Intent to Suspend Operating Privilege
- Administrative Review Request Form
If you provided a breath test at the time of your arrest, the police will provide both forms to you immediately. In that case, you have ten days to complete the Administrative Review Request Form and return it to the DOT.
If a blood test was given, the Notice and Review Request forms will be mailed to you. In that case, you have thirteen days from the notice date on the suspension notice to complete and return the review request form.
Failure to return the form within the required ten or thirteen days will result in a six month license suspension.
Can You Still Drive? Understanding Occupational Licenses
If your license is suspended due to the administrative process, you are immediately eligible for an occupational license. This license will allow you to drive to certain places — such as the grocery store, work, or school — for up to 12 hours on any given day and up to 60 hours maximum per week.
To obtain an occupational license during administrative suspension, you will need to:
- Obtain SR-22 insurance
- Complete an application (DOT form MV3027)
You will not need an ignition interlock device at this stage.
What Happens to Your License After a Conviction?
Upon conviction for drunk driving, you will receive a license revocation of 6 to 9 months. Any time already spent on the administrative suspension, if there was one, will count toward the revocation period.
For a first offense drunk driving conviction, you will be immediately eligible for an occupational license. For subsequent offenses, there will be a waiting period before you can apply.
Getting an Occupational License After Conviction
To obtain an occupational license following conviction and revocation, you will need to:
- Obtain SR-22 insurance
- Sign up for mandatory alcohol and drug classes
- Complete the same application (DOT form MV3027)
If your blood alcohol level was higher than 0.15, you may also be required to install an ignition interlock device in your vehicle.
Why You Need an OWI Attorney Right Away
If you have been arrested for drunk driving, you need an attorney — and time is critical. The short deadlines that apply in a drunk driving case, including the 10 to 13 day window to contest your administrative suspension, mean that waiting can cost you important rights.
Our Wisconsin OWI defense attorneys at West & Dunn understand the full scope of what a drunk driving charge can mean for your license, your record, and your daily life. Contact West & Dunn’s legal professionals today at 608-535-6420 or through our Contact Us page for a consultation.
