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WISCONSIN DOT LICENSE SUSPENSION FOR DUI |
| How can you lose your
license before your DUI court case? |
By failing to set up an administrative
review within 10 days after receiving notice of
intent to suspend or 13 days if the notice of
intent to suspend is mailed. |
| What are the two forms
I got in the mail from the police? |
1. A pink notice of intent to suspend
operating privilege and temporary driving
permit.
2. A yellow Administrative review request. |
| What do the forms mean? |
The pink form tells you that you were
arrested for DUI, submitted to chemical testing,
and the test result indicated a prohibited
alcohol concentration (PAC). This pink
form serves as a temporary driver's license and
you must carry it with you when driving.
It serves as a license for 30 days from the date
on the form. If you do nothing, your
driver's license is suspended after 30 days.
The court case is separate and if you receive
the pink form and fail to do anything, you will
not have a license when your court case is
pending (unless you get an occupational).
The yellow form is your personal notice of right
to administrative hearing. it advised you
that you have 10 days from the date the pink
form was given to you, or 13 if the pink form
was mailed, to contact the DMV to request a
hearing to preserve your license. |
| What if I missed the
date? |
You will lose your license. |
| What if I schedule an
adminstrative hearing? |
Within 30 days the DMV will contact your or
your attorney to have a telephonic or in person
hearing regarding the limited issues for the
hearing. |
| What issues are there
at a Wisconsin DMV DUI hearing? |
1. Correct identify of person.
2. Whether the person was informed of options
regarding tests.
3. Whether person had prohibited alcohol content
or detectable amount of restricted substance
(drugs in system) at the time of the offense.
4. Whether one or more tests were administered
per Wis. Stat. 343.305
5. Whether each test result indicates the person
had prohibited alcohol concentration or
detectable amount of drugs in blood.
6. Whether probable cause existed for the
arrest.
7. Whether the person was driving a commerical
vehicle at time of offense.
8. Whether person had a valid prescritpion for
meth or THC. |
| What if you lose? |
Losing will result in license suspension. |
| What if you win? |
Winning will result in keeping your license
for the time being. Bear in mind that the
criminal case (or civil if 1st offense DUI) is
still pending in the courts and is completely
separate from the DMV hearing- you could still
get convicted or have your licese revoked or
both. |
| Why fight the hearing? |
To keep your license, and also to prepare
for your criminal case in the court. Since
the hearing occurs before the court case, the
hearing gives you the opportunity to learn about
your case from the police before having to deal
with a d.a. in court. If an officer is
subpoenaed to your hearing, you will know what
he or she is going to say later on should there
be a trial. |
| Should every DUI
arrestee have an administrative hearing |
There may be legitimate reasons not to have
the hearing, however, it is always a good idea
to send in the paperwork before the deadline.
That way, even if you or
your attorney
decides
not to have the DMV hearing, you do not miss the
opportunity should there be an important issue
or reason for having it which may be discovered
after the 10 or 13 day deadline. The
hearing can be canceled later on if you or your
attorney get the police reports, review them,
review the rest of the information, and decide
not to have the hearing.
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