Wisconsin DUI & License Suspension — What Happens

License consequences are often the most immediately disruptive part of a OWI case in Wisconsin. The administrative suspension is a separate proceeding from the criminal case and can result in loss of driving privileges even if the criminal charges are eventually reduced or dismissed §343.305(7); §343.305(8).

• First-offense (failed test): 6 months (administrative suspension after a failed chemical test)
• First-offense (refusal): 1-year license revocation (refusal is a separate civil infraction with additional penalties)

Wisconsin does offer a form of restricted or limited driving privileges during or after the administrative suspension. Occupational license available with IID during OWI suspension; applies after 30-day hard suspension for first offense.

The administrative suspension and the criminal case are legally independent. Winning the administrative hearing does not dismiss the criminal case. Losing the administrative hearing does not prove guilt in the criminal case. However, the facts overlap significantly, and the administrative hearing can sometimes reveal evidence or testimony that is useful in the criminal defense.

required for a first offense only if the person refused testing, had an alcohol concentration of 0.15 or more, or had one or more prior convictions; not required for a routine first offense under 0.15 with no priors. The minimum IID period is not less than 1 year, nor more than the maximum operating privilege revocation period for the refusal or violation, as ordered by the court. Reinstatement requires proof of IID installation, completion of any required substance abuse programs, payment of reinstatement fees, and proof of insurance (SR-22 in many states).