Legal Question in DUI Law in Wisconsin

OWI Revocation in Wisconsin for MI driver, Occupational License

You need to discuss this with an experienced MI traffic attorney as soon as possible. Likewise, anyone with a WI OWI charge needs a WI attorney, to fight the administrative suspension, if not the underlying charge. You only have ten days after issuance of the ticket to contest the administrative suspension of your license for six months. Subsequently getting the underlying charge thrown out of court will not reinstate such a suspension—they are effectively two totally separate prosecutions in different “court” systems. Once the WI administrative suspension is transmitted to that state's DOT computer system, you could find yourself in a "catch-22" in which you may not be able to get an occupational in either state, i.e., the WI entry would trigger another revocation in your state, which would, in turn, prevent any type of licensing in this state. I just answered a question today (10-4-07) regarding a person in your situation who was an IL resident. Some of the same issues could apply in the case of a MI resident, assuming that there is reciprocity between the two states' DOT computer systems. Generally speaking, a revocation in the home state will prevent any sort of licensing in the different state until the home state revocation is released. Sometimes, declaring residency in WI and surrendering an out of state license can help a person to get reinstated, since our DOT has a functioning, non-corrupt system for reinstatement, unlike at least one neighboring state. Likewise, reciprocity states will probably recognize one another's occupational licenses; hence WI would probably be OK with your driving on a MI occupational license (assuming your WI route of travel is consistent with the restrictions of your MI occupational license). Again, you need representation immediately. It probably would not hurt to also pose the occupational license question at a WI DOT office counter although the answers you get from line state can be inconsistent. As for your question about judicial probation without a conviction in WI, I have seen it done in a neighboring county, but only on one occasion. Certainly do not count on qualifying for it. There is a lesser suspension severity for WI defendants who have a BAC below .10, but you do not qualify for this at a .17, which is more than double the level of presumptive guilt (.08) in most states currently.