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How Can I Get My License Back After a Wisconsin OWI Arrest?

 Posted on May 22, 2023 in Criminal Law

Waukesha County OWI License Reinstatement AttorneysDrunk and intoxicated driving is a serious concern on the roads in the state of Wisconsin. Drivers who use alcohol or drugs will experience impairments that make it difficult or impossible to control a vehicle safely and avoid accidents that could cause harm to themselves or others. Because of this, people who are arrested on suspicion of drunk driving will face a variety of penalties. While a conviction for operating while intoxicated (OWI) will result in a driver's license revocation, there are some situations where a person's license may be suspended even if they are not ultimately convicted. If you are facing the loss of your license after being arrested for OWI, you will need to understand your options for regaining your driving privileges.

License Reinstatement in OWI Cases

There are numerous reasons that you could lose your driver's license after being arrested for OWI. If, following an arrest, you submit to a chemical analysis of your blood alcohol content (BAC), and a blood, breath, or urine test shows that you were over the legal limit, your driver's license will be suspended for six months. However, if you refuse to take a BAC test, a court will take action to revoke your license for one year. You may be able to contest a suspension by requesting an administrative hearing, and a hearing may also be held to determine whether a court-ordered revocation will be put in place. In general, hearings must be requested within 10 days after receiving a notice of an administrative suspension or court-ordered revocation.

If you are convicted of OWI charges, a driver's license revocation will go into effect. The length of this revocation may vary depending on the situation, but for a first or second OWI offense, the revocation period will be between six and nine months. For a third OWI, a revocation will last for 12 to 18 months in addition to the length of time that you may be confined in prison. After the period of revocation has been completed, you may apply to have your license reinstated.

You may be able to regain your driving privileges on a limited basis during a period of suspension or revocation by applying for an occupational driver's license. You can apply for this type of license immediately after an administrative license suspension or a first OWI conviction. If your license was revoked because of a BAC test refusal, you will need to wait 30 days before applying for an occupational driver's license. For a second or subsequent OWI conviction, a 45-day waiting period will apply.

With an occupational driver's license, you will be allowed to drive for certain specific purposes, including for employment, attending school, performing household responsibilities such as grocery shopping, to attend religious services, or to go to medical appointments. You will be limited to no more than 12 hours of driving per day and 60 hours per week. You will also need to meet all requirements of an Intoxicated Driver Program (IDP), and you may be ordered by the court to have an ignition interlock device (IID) installed in your vehicle.

Contact Our Waukesha County OWI License Reinstatement Attorneys

While you may face a number of penalties following an arrest for drunk driving, there are steps you can take to ensure you will be able to continue driving to avoid disruption to your life as much as possible. At Bucher, Wolff & Sonderhouse, LLP, our Muskego OWI defense lawyers can provide invaluable legal help during your case, helping you determine the best steps to take to avoid a conviction and get your license back as soon as possible. Contact our firm at 262-232-6699 to arrange your free consultation.


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