Administrative Review Hearings

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Madison, WI

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(608) 204-5807

Madison, WI OWI Attorneys

Facing an Administrative Suspension in Wisconsin? Know your Rights and Options

If you’ve undergone a breath or blood test following an arrest in Wisconsin, and the results show an alcohol level above the legal limit or the presence of controlled substances, you’re subject to an immediate administrative suspension of your driving privileges by the Department of Transportation (DOT) for six months. This administrative action is distinct from any penalties or revocations resulting from an OWI conviction.

Understanding your rights is crucial:

  • Immediate Impact: An administrative suspension is enforced directly by the Wisconsin DOT and takes effect independently of your court proceedings.
  • Right to Review: You’re entitled to challenge this suspension. Wisconsin Statutes § 343.305(8) grants you the opportunity to request both administrative and judicial review hearings to contest the suspension’s validity.
  • Navigating the Process: It’s essential to act swiftly to preserve your rights. Requesting an administrative review hearing is a critical step in fighting to retain your driving privileges and potentially impact the outcome of your OWI case.

 

Ten days to request an Administrative Review

Act Quickly to Preserve Your Rights After an OWI Arrest in Wisconsin: Time is of the essence when it comes to challenging the administrative suspension of your driving privileges following an OWI arrest. You have a limited window to request an administrative review hearing—a crucial step in contesting the suspension and potentially keeping your driving privileges intact. The specifics are as follows:

  • Direct Request Window: You must request an administrative review hearing within ten days of receiving the Notice of Intent to Suspend Operating Privilege. This notice is usually provided on the day of your arrest.
  • Extended Window for Mailed Notices: If the notice was mailed to you, often the case with blood sample submissions, you have thirteen days from the date on the notice to request your hearing.
  • Notice of Intent: The critical date for these timelines is outlined in the Notice of Intent to Suspend Operating Privilege document, which you should have received upon your arrest.

Given these tight deadlines, it’s imperative to seek professional legal assistance immediately. DK Anderson, S.C., specialists in Wisconsin OWI law, are here to help you navigate this process and request your hearing within the required timeframe. Contacting us promptly ensures you do not forfeit your right to challenge the suspension and protects your ability to drive while your case is underway.

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OWI Defense Attorneys

Administrative Review Hearings can be an important step in fighting your OWI charge

If you’ve been arrested for OWI (Operating While Intoxicated) in Wisconsin and submitted to a breath or blood test revealing a prohibited alcohol concentration or the presence of restricted controlled substances, the Department of Transportation (DOT) will initiate an administrative suspension of your driving privileges for six months. This administrative action is separate from any penalties associated with an OWI conviction. However, under Wisconsin Statute § 343.305(8), you are entitled to challenge this suspension through both administrative and judicial review hearings, known as administrative review hearings.

At DK Anderson, S.C., we emphasize the importance of the administrative review hearing for several reasons:

  • Early Cross-Examination Opportunity: It allows us to subpoena and cross-examine the arresting officer, which can uncover critical insights and potential flaws in the prosecution’s case.
  • Preview of Evidence: The hearing provides a preliminary view of the evidence against you, enabling us to identify possible defenses and strategize accordingly.
  • License Retention: Winning at the Administrative Review Hearing can result in the retention of your driving license while your court case is pending, offering a significant advantage as you navigate through the legal process.

Understanding the critical nature of these hearings, DK Anderson, S.C. is committed to leveraging every opportunity to protect your rights and preserve your driving privileges. Contact us to ensure skilled representation in your administrative review hearing and throughout your OWI case.

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Drunk Driving

Whether you are charged with a first offense, or a fifth offense, our Wisconsin OWI attorneys can help.

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Not much will change your life like a conviction for one of Wisconsin's sex offense charges.

Traffic Citations

Although less serious than a criminal charge, a traffic citation can effect your driver's license.

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