Legal Question in DUI Law in Wisconsin

Drunk Driving Automatic Loss of License

Drivers charged with first offense drunk driving in WI following an "over the limit" test result usually receive an automatic license revocation on the 30th day following their arrest. The same is true with a driver who is accused of refusing the test. The revocation is avoidable, however, if the driver challenges the revocation or refusal within 10 days following the date of issuance of the citation and prevails at a hearing. These "administrative review" hearings are winnable on limited grounds including lack of probable cause for the stop, misidentification, or an inadequate test. Grounds for winning a refusal hearing are the same except that the test result is usually absent due to the refusal to take the test. Instead, the prosecution must prove that the test was "unreasonably refused." An entire body of case law is applied to the facts by the judge in answering this question of "reasonableness." You should discuss the specifics of your case with an attorney before the expiration of the ten days.