Administrative Suspension & DMV Hearings After an OWI Arrest in Wisconsin
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After an OWI Arrest, Your License Can Be Suspended Before Court
After an OWI arrest in Wisconsin, your driver’s license can be administratively suspended by the Wisconsin Department of Transportation—often before your criminal case is ever resolved. This process is separate from the court case and is triggered by certain chemical test results, not by a conviction.
You have only 10 days from the date of notice to request an administrative review hearing. If you miss that deadline, a six-month suspension automatically takes effect, even if the OWI charge is later reduced or dismissed.
At Chirafisi Anderson, S.C., we represent drivers throughout Southern and Central Wisconsin, including Dane, Rock, Jefferson, Columbia, Sauk, Iowa, Dodge, and Green Counties. We help clients act quickly, request hearings on time, and challenge administrative suspensions to protect their driving privileges.
Learn more about our Wisconsin OWI defense practice.
What Is an Administrative Suspension?
An administrative suspension is a driver’s license suspension imposed by the Wisconsin Department of Transportation, not the court. It can take effect before your OWI case is resolved and is based solely on chemical test results—not a criminal conviction.
Under Wis. Stat. § 343.305(7), an officer must issue a notice of intent to suspend if a chemical test shows a prohibited alcohol concentration (PAC) or a restricted controlled substance (RCS) in your system. From the date of that notice, you have 10 days to request an administrative review hearing.
If you do not request a hearing within that 10-day window, a six-month administrative suspension automatically begins 30 days after the arrest, even if the OWI charge is later reduced or dismissed.
Key Points
- The administrative suspension is separate from your criminal OWI case.
- It is handled entirely by WisDOT, not the circuit court.
- You may continue driving for 30 days after arrest until the decision on the administrative hearing.
- If all criteria is met, your license will be suspended for 6 months.
- Winning the hearing rescinds the suspension; losing it starts the six-month suspension at the 30 day mark.
- Missing the 10-day deadline causes the suspension to take effect automatically at the 30 day mark – regardless of the outcome of the OWI case.
*If this is your first or second OWI, learn more about what to expect on our First Offense OWI and Second Offense OWI pages.
Administrative Hearing Process in Wisconsin
An administrative review hearing is not a trial and does not decide guilt or innocence. The hearing is limited in scope and focuses only on whether the statutory requirements for suspending your license have been met.
When you request a hearing, the Wisconsin Department of Transportation Bureau of Driver Services schedules it in the county where the arrest occurred. Hearings are commonly held by telephone or decided based on written submissions, though in-person hearings may be available in limited circumstances.
At the hearing, the examiner considers only the eight statutory issues listed in Wis. Stat. § 343.305(8)(b)2:
- The correct identity of the person.
- Whether the person was informed of the options regarding tests under this section as required.
- Whether the person had a prohibited alcohol concentration or a detectable amount of a restricted controlled substance in his or her blood at the time the offense allegedly occurred.
- Whether one or more tests were administered in accordance with this section.
- If one or more tests were administered in accordance with this section, whether each of the test results for those tests indicate the person had a prohibited alcohol concentration or a detectable amount of a restricted controlled substance in his or her blood.
- If a test was requested under the Implied Consent law, whether probable cause existed for the arrest.
- Whether the person was driving or operating a commercial motor vehicle when the offense allegedly occurred.
- Whether the person had a valid prescription for methamphetamine or one of its metabolic precursors or gamma-hydroxybutyric acid or delta-9-tetrahydrocannabinol.
If the examiner determines that any one of these elements has not been proven, the administrative suspension must be rescinded. If all elements are proven, the suspension is imposed according to statute.
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Administrative Suspension Penalties in Wisconsin
|
Situation |
Suspension Period |
Occupational License Eligibility |
IID / AODA Requirements |
|---|---|---|---|
|
BAC ≥ 0.08 (Standard PAC) |
6 months |
Eligible immediately once suspension begins (no waiting period) |
AODA required for full reinstatement; IID only if later ordered by court |
|
Restricted Controlled Substance (THC, cocaine, methamphetamine, etc.) |
6 months |
Eligible immediately |
AODA required for full reinstatement; IID only if later ordered by court |
|
Restricted BAC (.02 limit after 3+ priors) |
6 months |
Eligible immediately |
AODA required for full reinstatement; IID only if later ordered by court |
Notes:
- Administrative suspensions are imposed by WisDOT, not the court.
- An occupational license may be issued immediately once the suspension begins if eligibility criteria are met (SR-22 insurance and no previous alcohol related suspensions or revocations within 12 months)
- Ignition interlock devices are not imposed through the administrative suspension process and apply only if later ordered by the court.
Learn more about when an ignition interlock device may be ordered and what counts as a refusal under the implied consent law.
Defending Administrative Suspension Hearings in Wisconsin
Administrative suspension hearings are limited in scope, but they are not automatic. The State must prove every required statutory element, and if any one issue fails, the hearing examiner is required to rescind the suspension.
At Chirafisi Anderson, S.C., we defend clients at administrative hearings by focusing exclusively on the narrow issues the law allows the examiner to consider under Wis. Stat. § 343.305(8)(b)2. These hearings move quickly, and effective advocacy often turns on identifying procedural or evidentiary defects that are easy to miss without experience.
Common Defense Strategies at Administrative Hearings
Identification and Procedural Erros
- Errors in the Notice of Intent to Suspend, incorrect identifying information, or missing signatures can invalidate the suspension.
- Failure to properly serve or file required documentation under § 343.305(7) is a procedural defect that mandates rescission.
Improper or Incomplete “Informing the Accused” Warning
- The officer must read the exact statutory language under § 343.305(4) advising you of your testing options and consequences.
- Missing or paraphrased language can make any subsequent test result inadmissible for administrative purposes.
Testing Procedure Challenges
- The hearing examiner must determine whether the test was administered in accordance with § 343.305 and DOT-approved methods.
- We examine whether the operator was certified, whether the breath-testing device was properly calibrated, and whether blood or urine samples were handled according to chain-of-custody standards.
Probable Cause for Arrest
- The officer must have had probable cause under § 343.305(3)(a) to request the test.
- If probable cause was lacking—such as when the stop was based on an unlawful extension or unrelated reason—the entire suspension can be overturned.
Restricted Controlled Substance and Prescription Defenses
- For THC, methamphetamine, or GHB results, the examiner must determine whether you had a valid prescription at the time of testing (§ 343.305(8)(b)2(g).
- A lawful prescription serves as a complete defense to administrative suspension based on a restricted controlled substance result.
For a broader explanation of how these procedural challenges also affect criminal OWI cases, see our OWI dismissal and defense strategies page.
Why Legal Representation Matters in an Administrative Suspension Hearing
Administrative suspension hearings move quickly, involve strict deadlines, and are governed by narrow statutory rules that do not allow for broad argument or explanation. Many drivers lose their license not because the evidence is strong, but because critical procedural issues are missed or not properly raised.
An experienced OWI defense attorney understands how these hearings work in practice—not just on paper. Effective representation includes timely hearing requests, subpoenaing the arresting officer when appropriate, identifying defects in notice or service, and challenging whether statutory requirements were actually met.
At Chirafisi Anderson, S.C., we routinely represent drivers in administrative suspension hearings throughout Southern and Central Wisconsin. We know how WisDOT hearing examiners apply the law, which issues are outcome-determinative, and how to preserve defenses that may later impact the criminal OWI case as well.
Take Action Now to Protect Your License
You have only 10 days to request an administrative review hearing after an OWI arrest or chemical-test notice. Missing that deadline results in an automatic six-month suspension—even if your OWI charge is later reduced or dismissed.
Call Chirafisi Anderson, S.C. today to schedule a free consultation with an experienced Wisconsin OWI defense attorney. We represent drivers throughout Southern and Central Wisconsin, including Dane, Rock, Jefferson, Columbia, Sauk, Iowa, Dodge, and Green Counties, and act quickly to protect driving privileges and preserve critical defenses