Administrative Review Hearings

Understanding the 8 Issues at an Administrative Review Hearing in Wisconsin

If you request an administrative review hearing after an OWI arrest, the Wisconsin Department of Transportation (DOT) will examine eight specific issues to determine whether your license suspension should stand. These issues, outlined in Wis. Stat. § 343.305(8)(b), set the framework for the hearing and limit what can be challenged.

The 8 Issues Considered at an Administrative Review Hearing

1. The Correct Identity of the Person

• The hearing first ensures that you are the individual who was actually arrested for OWI and that the license suspension is being applied to the correct driver. Any clerical errors or mistaken identity could be grounds to challenge the suspension.

2. Whether You Were Properly Informed of Your Testing Options Under Wisconsin’s Implied Consent Law

• Wisconsin law requires officers to read the Informing the Accused statement, which explains:

• Your right to submit to a chemical test

• The consequences of refusing the test

• That you do not have the right to consult an attorney before deciding whether to take the test

• If an officer failed to provide this information properly, it may be a basis to contest the suspension.

3. Whether You Had a Prohibited Alcohol Concentration or a Detectable Amount of a Restricted Controlled Substance in Your Blood

• The DOT will determine if you:

• Had a blood alcohol concentration (BAC) of 0.08% or higher (0.04% for commercial drivers, 0.02% for certain repeat offenders)

• Had a detectable amount of a restricted controlled substance (such as THC, methamphetamine, or other prohibited drugs) in your blood at the time of the alleged offense

4. Whether One or More Tests Were Administered in Compliance with Wisconsin Law

• Chemical tests must be conducted properly and by a certified professional using approved testing methods and equipment. If a test was:

• Administered incorrectly

• Conducted by an uncertified individual

• Performed with malfunctioning or uncalibrated equipment

• Improperly stored or handled then the results may not be valid, providing grounds to challenge the suspension.

5. Whether Each Test Result Showed a Prohibited Alcohol Concentration or a Detectable Amount of a Restricted Controlled Substance

• If tests were properly administered, the hearing will confirm whether the final results showed an unlawful BAC or the presence of a restricted drug. However, these results can be challenged if:

• The sample was contaminated

• Equipment errors occurred

• The chain of custody was broken, meaning there were gaps in how the evidence was handled

6. Whether Probable Cause Existed for the Arrest

• The officer must have had probable cause to believe you were operating while intoxicated before making the arrest. Probable cause is based on:

• Erratic driving behavior

• Physical signs of impairment (bloodshot eyes, slurred speech, odor of alcohol)

• Field Sobriety Test (FST) results

• If probable cause was lacking, your suspension may be overturned.

7. Whether You Were Operating a Commercial Motor Vehicle at the Time of the Offense

• If you were driving a commercial motor vehicle (CMV), a 0.04% BAC limit applies. If convicted, CDL holders face additional penalties, including a longer disqualification period for their commercial license.

8. Whether You Had a Valid Prescription for Certain Restricted Substances

• If your chemical test detected methamphetamine, gamma-hydroxybutyric acid (GHB), or THC, the hearing will determine if:

• You had a valid prescription for the substance

• The prescription was lawfully obtained and used

• If you can prove that the presence of these substances was due to legal prescription use, it may be grounds to challenge the suspension.