The licence case
Licence suspension after a DUI arrest in Wisconsin
The licence proceeding has its own deadlines. Check the applicable notice or order, not just the criminal court date.
Hearing-request deadline in Wisconsin: Administrative suspension: within 10 days after notification. If notification is mailed, within 13 days after mailing, excluding Saturdays, Sundays and holidays.
Wis. Stat. § 343.305 (opens in a new tab)The notice identifies your proceeding. Conditions below.
The window
- Deadline to request a hearing
- Administrative suspension: within 10 days after notification. If notification is mailed, within 13 days after mailing, excluding Saturdays, Sundays and holidays.
- The 10-day administrative-review period runs from notification, not arrest; the statute provides the separate mailed-notice calculation stated above.
- For a test-refusal revocation, the separate court-hearing request must be received within 10 days after service of the notice of intent to revoke. The administrative-review mailing extension is not stated for this refusal hearing.
- Hearing procedure under the cited rule
- Administrative suspension review requires a written request to the Wisconsin Department of Transportation. A test-refusal hearing instead requires a written request to the court named in the notice.
- The 10-day administrative-review period runs from notification, not arrest; the statute provides the separate mailed-notice calculation stated above.
- For a test-refusal revocation, the separate court-hearing request must be received within 10 days after service of the notice of intent to revoke. The administrative-review mailing extension is not stated for this refusal hearing.
- Suspension under the cited rule
- Not published yet. We show a figure only once it has been confirmed against the official source and dated.
- Suspension length after a refusal
- Not published yet. We show a figure only once it has been confirmed against the official source and dated.
What happens if the window closes
The effect of a missed hearing-request deadline depends on the proceeding and the applicable law. This page does not determine whether review is still available or whether a particular licence restriction applies. A defence lawyer can review the notice or order and explain the available procedures.
Whether Wisconsin offers a restricted licence in that situation, and on what conditions, is a state-specific question:
- Hardship or restricted licence
- Not published yet. We show a figure only once it has been confirmed against the official source and dated.
- Ignition interlock, first offense
- Not published yet. We show a figure only once it has been confirmed against the official source and dated.
How the two cases relate
A licence restriction may arise from a test result, a refusal or a criminal conviction. Those are not interchangeable grounds. The source and conditions attached to each rule matter; this page does not predict how one proceeding will affect another in a particular case.
The two legal questions
The criminal charge and driving privileges can involve different proceedings. The notice, order and cited rule identify the applicable process.
Driving privileges
The licence case
- Forum
- The agency or court identified by the applicable licence proceeding
- Clock
- Check the applicable notice or order for the deadline and its starting event
- Deadline to request a hearing
- Administrative suspension: within 10 days after notification. If notification is mailed, within 13 days after mailing, excluding Saturdays, Sundays and holidays.
- The 10-day administrative-review period runs from notification, not arrest; the statute provides the separate mailed-notice calculation stated above.
- For a test-refusal revocation, the separate court-hearing request must be received within 10 days after service of the notice of intent to revoke. The administrative-review mailing extension is not stated for this refusal hearing.
- Suspension under the cited rule
- Not published yet. We show a figure only once it has been confirmed against the official source and dated.
Criminal charge
The criminal case
- Forum
- A criminal court
- Clock
- Check court notices and orders; no case duration is predicted here
- Alcohol-concentration threshold
- Not published yet. We show a figure only once it has been confirmed against the official source and dated.
- First-offense penalty rule
- Not published yet. We show a figure only once it has been confirmed against the official source and dated.The cited rule may describe a range or a minimum with conditions, not a predicted sentence.