Bicycle Injury Lawyer, Criminal Defense Lawyer

Milwaukee

230 West Wells Street - Suite 706

Milwaukee, Wisconsin 53203


 

Tel - 414.207.4426

Madison

5976B Executive Drive

Fitchburg, WI 53719


 

Tel - 608.320.6710

 

Wisconsin OWI Suspension Hearing

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.