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OWI (DUI/DWI) and Your Driver's License

1) Arrest and Sample
In Northeast Wisconsin, nearly all law enforcement agencies prefer to test your blood upon arrest for OWI. In most cases, the blood sample is sent to the State Hygiene Lab.
2) Notice of Suspension
Usually, the arresting officer will receive the results of that blood test within a few weeks. If the sample indicates a prohibited alcohol concentration, the officer will forward the results on to the Department of Transportation (DOT) and the officer will provide you with a “Notice of Suspension of Operating Privilege.” This document informs you that the DOT will be suspending your license within 30 days of you receiving the notice.

3) Administrative Review
At this point, a person has the ability to challenge the DOT suspension through the administrative review process. Within TEN days of receiving the Notice of Suspension of Operating Privilege, you must fill out the accompanying form to request review in one of three ways: In person, by phone, or by mail. The DOT will then allow you an opportunity to explain why your license should not be suspended (there are only 7 arguments that can be made) at this time. The DOT will then issue a decision within a week as to whether or not your license will be suspended at that time.
4) Judicial Review
If you are not satisfied with the administrative review process, you also have the opportunity to appeal the DOT decision to the Circuit Court.
5) Circuit Court
If this is a OWI-2nd or subsequent offense, you will be charged criminally and will have to appear in circuit court. Even if your license has not already been suspended through the process outlined above, if you are found guilty in court, your license will be suspended.
If you are arrested for drunk driving or charged with an OWI in the Appleton/Oshkosh area, call Petit & Dommershausen for help with your case!