DUI/OWI License Suspensions and Hearings For Wisconsin DUI Cases

Upon an arrest for an OWI offense in Wisconsin, you will be taken to the police station for chemical testing. Pursuant to WI's Implied Consent law, any person who drives or operates a motor vehicle upon the public highways in Wisconsin is considered to have given his/her consent to one or more tests of his/her blood, breath, or urine for the purpose of determining the presence or quantity of alcohol, controlled substances, and/or drugs.

Failure to comply with a request will result in the automatic suspension of the person's license or privilege to drive in the state. This suspension is a civil administrative suspension issued by the Department of Transportation. Additional license suspension/revocations may be imposed as a result of a criminal OWI conviction. The Wisconsin DUI administrative process is explained below. For more information on the criminal license suspension penalties that may also apply, click on the Wisconsin DUI Penalties tab.

IMPLIED CONSENT - Prior to a request to submit to a chemical test, the police are required to inform an OWI suspect of his/her "Implied Consent Rights." The implied consent rights explain the penalties for a chemical test refusal, as well as the fact that there is a right to an independent/additional chemical test. They also explain that a refusal is admissible against in a later criminal court proceeding as evidence indicative of guilt.

REFUSALS - If after reading the implied consent rights the suspect refuses to take a chemical test, then the person will be charged with a Refusal, which is a civil forfeiture violation (punishable by fine). The police will confiscate the person's driver's license and issue them a Notice of Intent to Revoke their driving privileges. The accused will then have 10 days following his/her arrest to request an administrative review hearing. If the person does not request a hearing within the 10 day time limit, the license revocation will go into effect 30 days following arrest.

ADMINISTRATIVE REFUSAL HEARING - A person who's license has been revoked as a result of a chemical test refusal will have 10 days to request a hearing to contest the revocation. Failure to make a timely request will result in an automatic revocation. A refusal hearing is an informal civil hearing conducted by an Administrative Hearing Examiner. The Hearing Examiner will preside over the hearing, much like a judge. The police involved in the case may be called to testify. The only issues that will be resolved at the hearing are whether the police properly advised you of your implied consent rights, whether a refusal actually occurred, and whether the police officer who made your arrest had probable cause to believe you were operating or driving while under the influence of alcohol and/or a controlled substance. If any of the issues are answered in the negative, the license revocation will be invalidated. 

CHEMICAL TEST FAILURE - WI OWI suspects who submit to a chemical test that produces a result of .08 or higher will be issued a citation for Operating with a Prohibited Alcohol Concentration. A Notice of Intent to Suspend driving priliges will be issued, and the person will have 10 days following the arrest to request a hearing to contest the suspension. Failure to request a timely hearing will result in the suspension automatically taking effect 30 days following the arrest.

ADMINISTRATIVE REVIEW HEARING - Under Wisconsin DUI law, if a hearing was timely requested, an Administrative Hearing Examiner will conduct an informal review hearing of the facts and circumstances surrounding the license suspension. The police involved in the case may be subpoenaed to testify. Several issues will be determined, such as the validity of the stop and the administration of the chemical test. If the Hearing Examiner upholds the suspension, it will take place 30 days following the date of the hearing. If the issues are answered in the negative, then the suspension will be invalidated and the person's driving privileges will be fully reinstated.

*NOTE - If a suspension or revocation is upheld, Wisconsin says that limited hardship/work permits may be available in certain circumstances. If eligible, a person will be able to drive during the suspension period on a limited basis pursuant to the permit's restrictions.

WISCONSIN DUI/OWI ADMINISTRATIVE LICENSE PENALTIES

FIRST OFFENSE REFUSAL = 1 year license revocation; not eligible for occupational permit until after 30 days

SECOND OFFENSE REFUSAL = 2 year license revocation; not eligible for occupational permit until after 90 days

THIRD OFFENSE REFUSAL = 3 year license revocation; not eligible for occupational permit until after 120 days

FIRST, SECOND, AND THIRD OFFENSE BAC .08+ = 6 month license suspension

FOURTH AND SUBSEQUENT OFFENSE BAC .02+ = 6 month license suspension

ANY PROHIBITED AMOUNT CONTROLLED SUBSTANCE = 6 month license suspension

Wisconsin DUI/OWN Implied Consent Statutes

343.305(2)     
(2) Implied consent. Any person who is on duty time with respect to a commercial motor vehicle or drives or operates a motor vehicle upon the public highways of this state, or in those areas enumerated in s. 346.61, is deemed to have given consent to one or more tests of his or her breath, blood or urine, for the purpose of determining the presence or quantity in his or her blood or breath, of alcohol, controlled substances, controlled substance analogs or other drugs, or any combination of alcohol, controlled substances, controlled substance analogs and other drugs, when requested to do so by a law enforcement officer under sub. (3) (a) or (am) or when required to do so under sub. (3) (ar) or (b). Any such tests shall be administered upon the request of a law enforcement officer. The law enforcement agency by which the officer is employed shall be prepared to administer, either at its agency or any other agency or facility, 2 of the 3 tests under sub. (3) (a), (am), or (ar), and may designate which of the tests shall be administered first.

343.305(3)     
(3) Requested or required. 

343.305(3)(a)     
(a) Upon arrest of a person for violation of s. 346.63 (1), (2m) or (5) or a local ordinance in conformity therewith, or for a violation of s. 346.63 (2) or (6) or 940.25, or s. 940.09 where the offense involved the use of a vehicle, or upon arrest subsequent to a refusal under par. (ar), a law enforcement officer may request the person to provide one or more samples of his or her breath, blood or urine for the purpose specified under sub. (2). Compliance with a request for one type of sample does not bar a subsequent request for a different type of sample.

343.305(3)(am)     
(am) Prior to arrest, a law enforcement officer may request the person to provide one or more samples of his or her breath, blood or urine for the purpose specified under sub. (2) whenever a law enforcement officer detects any presence of alcohol, a controlled substance, a controlled substance analog or other drug, or a combination thereof, on a person driving or operating or on duty time with respect to a commercial motor vehicle or has reason to believe the person is violating or has violated s. 346.63 (7). Compliance with a request for one type of sample does not bar a subsequent request for a different type of sample. For the purposes of this paragraph, "law enforcement officer" includes inspectors in the performance of duties under s. 110.07 (3).

343.305(3)(ar)     
(ar) If a person is the operator of a vehicle that is involved in an accident that causes the death of or great bodily harm to any person, and a law enforcement officer detects any presence of alcohol, a controlled substance, a controlled substance analog or other drug, or a combination thereof, the law enforcement officer may request the operator to provide one or more samples of his or her breath, blood, or urine for the purpose specified under sub. (2). Compliance with a request for one type of sample does not bar a subsequent request for a different type of sample. A person who is unconscious or otherwise not capable of withdrawing consent is presumed not to have withdrawn consent under this paragraph and one or more samples specified in par. (a) or (am) may be administered to the person. If a person refuses to take a test under this paragraph, he or she may be arrested under par. (a).

343.305(3)(b)     
(b) A person who is unconscious or otherwise not capable of withdrawing consent is presumed not to have withdrawn consent under this subsection, and if a law enforcement officer has probable cause to believe that the person has violated s. 346.63 (1), (2m) or (5) or a local ordinance in conformity therewith, or s. 346.63 (2) or (6) or 940.25, or s. 940.09 where the offense involved the use of a vehicle, or detects any presence of alcohol, controlled substance, controlled substance analog or other drug, or a combination thereof, on a person driving or operating or on duty time with respect to a commercial motor vehicle or has reason to believe the person has violated s. 346.63 (7), one or more samples specified in par. (a) or (am) may be administered to the person.

343.305(3)(c)     
(c) This section does not limit the right of a law enforcement officer to obtain evidence by any other lawful means.

343.305(4)     
(4) Information. At the time that a chemical test specimen is requested under sub. (3) (a), (am), or (ar), the law enforcement officer shall read the following to the person from whom the test specimen is requested:
"You have either been arrested for an offense that involves driving or operating a motor vehicle while under the influence of alcohol or drugs, or both, or you are suspected of driving or being on duty time with respect to a commercial motor vehicle after consuming an intoxicating beverage.
This law enforcement agency now wants to test one or more samples of your breath, blood or urine to determine the concentration of alcohol or drugs in your system. If any test shows more alcohol in your system than the law permits while driving, your operating privilege will be suspended. If you refuse to take any test that this agency requests, your operating privilege will be revoked and you will be subject to other penalties. The test results or the fact that you refused testing can be used against you in court.
If you take all the requested tests, you may choose to take further tests. You may take the alternative test that this law enforcement agency provides free of charge. You also may have a test conducted by a qualified person of your choice at your expense. You, however, will have to make your own arrangements for that test.
If you have a commercial driver license or were operating a commercial motor vehicle, other consequences may result from positive test results or from refusing testing, such as being placed out of service or disqualified."