Legal Question in DUI Law in Wisconsin

Occupational Licenses with Multiple OWI Convictions Within a Short Period

Although the WI Department of Motor Vehicles (DOT) will not issue an occupational for those with two or more OWI convictions within a short period of time, Circuit Court Judges in a defendant�s home county can sometimes issue such an order granting the occupational license. Although I cannot provide legal advice to you unless I represent you, as a general matter, I believe that the legal status of such orders is in a state of � legal limbo,� because the DOT computer will still probably show that you show no valid occupational license and will only show the drunk driving related revocation instead, regardless of what the Judge allows. That probably means a week or longer in jail for driving after revocation while the court system sorts out who has greater authority to issue such an occupational license (the DOT or your local judge). So far as I know, there is no case law resolving this issue so in WI. I routinely go through this procedure for my clients, and recommend that they carry of copy of the local Judge's order granting an occupational license with them at all times. As far as I know, it would therefore literally be up to the individual arresting officer's discretion whether or not to detain such a person if they were stopped while driving to work on an occupational license issued by a local judge but not recognized by the WI DOT.