An operating while intoxicated (OWI) charge involves being arrested on suspicion of being under the influence of alcohol. If police officers test your blood or urine, and it shows you have a blood alcohol content (BAC) above the legal limit, your license will automatically be suspended unless you take action to prevent this from happening.
Preventing Suspension
During the processing of your arrest, an officer will notify the Wisconsin Department of Transportation (DOT) that you are suspected of an OWI. If a request for an administrative hearing is not filed within 10 days of your arrest, or from the date the results of your BAC are provided, the DOT will automatically suspend your license for 6 months.
Therefore, it is important to file a request for a review hearing as quickly as possible after your arrest. By making an early request for an administrative review hearing, you can prevent an automatic suspension of your license.
At the hearing, your criminal defense lawyer can challenge whether the arresting officer had reasonable suspicion to pull you over and make the arrest. Likewise, he or she can determine whether procedures were followed correctly, including the test used to determine your BAC at the time of your arrest.
Occupational License
Some individuals might be eligible to apply for an occupational license, which allows you to operate a vehicle for up to 12 hours a day and 60 hours per week. However, you are limited to driving to and from your workplace, your religious place of worship, or anywhere required by your authorized child-rearing obligations.
Your eligibility for this license will depend on why your license has been suspended or revoked. If it’s because of an OWI conviction, you will have to wait a period of time before you are eligible. The length of the delay will depend on whether or not you have any prior convictions and whether or not the OWI conviction also had a refusal associated with it.
Commercial Driver’s Licenses
Consequences of a suspension and an OWI are more severe for those with commercial driver’s licenses (CDL) than those with standard licenses. If you are convicted of a single OWI-related crime, or even if your license is administratively suspended because of a suspicion of an OWI, you will lose your CDL for a year. If you are convicted of 2 OWI-related crimes, you will be permanently disqualified from getting a CDL. This can be a particularly severe punishment if you rely on a CDL to make a living.
Call Our Experienced Lawyer Today
Losing your license can result in a slew of serious consequences, some of which can lead to the loss of a job. If you’re facing a license suspension, call our skilled Milwaukee criminal defense attorney as soon as possible. Our founding attorney, Christopher J. Cherella, has been practicing for more than 20 years, providing excellent legal advocacy to many people who are facing many kinds of criminal charges. As an attorney, he does his best to keep his client base reasonably small, so he can provide personalized attention to each and every person that he helps. Let us see what we can do for you.
Contact us at (414) 347-9334 to schedule a case consultation today.