Driving after a DUI in Wisconsin: the Occupational License

The first days: the administrative suspension and the hearing deadline

In most states the licensing agency suspends the license at arrest, separately from any court case, and the driver has a short window to request a hearing on that suspension. Missing it lets the suspension take effect without review.

The officer issues a 'Notice of Intent to Suspend' (in person at the stop, or by mail after blood results) together with an 'Administrative Review Request' form. WisDOT states the request for an administrative review hearing must be in writing and postmarked within 10 business days of receipt of the notice if handed over at the stop, or 13 business days from the notice date if mailed; the mailing address is on the request form provided by the law enforcement agency. Wis. Stat. § 343.305(8)(am) requires the form to state that it must be submitted within 10 days of the notice date or hearing rights are deemed waived; § 343.305(8)(b)1. sets 10 days after notification or, if by mail, 13 days excluding Saturdays, Sundays and holidays. The notice serves as a 30-day temporary license; the 6-month administrative suspension takes effect at 12:01 a.m. on the 31st day, and all hearings are held wit

“must be submitted in writing and must be postmarked by: 10 business days of receipt of the Notice of Intend to Suspend if it was handed to you at the traffic stop or 13 business days from the notice date on the Notice of Intent to Suspend if it was mailed to you”

Who can get it, and how soon

WisDOT states an occupational license may be available to a Wisconsin resident whose operating privilege is suspended or revoked; for OWI-type violations on or after July 1, 2010, a blood alcohol content (BAC) administrative suspension and a first alcohol conviction are eligible immediately, and a first implied-consent refusal is eligible after 30 days. It cannot be issued to a non-resident, for a commercial driver license (CDL), to a person with two or more revocation or suspension cases from separate incidents in a one-year period, to a person currently eligible to reinstate, or before all mandatory waiting periods are served.

“Wisconsin operating while intoxicated (OWI) type violations (on or after July 1, 2010): Blood alcohol content (BAC) eligible immediately Alcohol convictions First eligible immediately Second or more after 45 days”

WisDOT states the waiting period begins on the effective date of the revocation/suspension case. A BAC (administrative) suspension and a first alcohol conviction are 'eligible immediately'; a first implied-consent refusal is eligible after 30 days (second after 90, third or more after 120); violations not listed carry a 15-day wait (Wis. Stat. § 343.10(2)(a)4. sets the default of 15 days 'unless another minimum waiting period or immediate eligibility is expressly provided by law'). The administrative suspension itself takes effect at 12:01 a.m. on the 31st day after the Notice of Intent to Suspend, which serves as a 30-day temporary license (§ 343.305(8)(a)). On the conviction track, the WisDOT First OWI page states that a holder of an occupational license issued under the BAC suspension is re-issued a new occupational license for the duration of the court-ordered revocation if there are

“Some revocation/suspension cases require that you serve a mandatory waiting period before you are eligible for an Occupational License. The waiting period begins on the effective date of your revocation/suspension case.”

Conditions attached to the privilege

Interlock: only if a court has ordered an Ignition Interlock Device (IID); WisDOT states a first offender is IID-restricted if the BAC was at or above 0.15 or the chemical test was refused, and under Wis. Stat. § 343.10(2)(f) no occupational license may be granted until the IID surcharge is paid and proof of installation in each covered vehicle is submitted (WisDOT: wait at least one business day after installation before visiting the DMV). SR22: WisDOT states an SR22 Certificate must be on file with the DMV to qualify. Assessment/Driver Safety Plan: WisDOT states that a person revoked for OWI must complete an Intoxicated Driver Program (IDP) assessment and participate in a Driver Safety Plan; under § 343.10(2)(e) completion of the assessment and compliance with the plan is a precondition to issuance only for a person with 2 or more prior convictions, suspensions or revocations, and no a

“Important: You must have a SR22 Certificate (proof of insurance) on file with the DMV to qualify for an occupational license.”

Where and when it allows driving

To and from work; to and from school, college or university; 'homemaker duties' such as the grocery store, gas station, transporting children to and from school or day care, pharmacy, bank, laundromat and dependent/minor child visitation; to and from the place of worship; necessary family needs such as medical appointments; and to the agency where the IDP assessment and Driver Safety Plan are completed. Not for recreational purposes (visiting family or friends, social or sporting events) or for operating a commercial motor vehicle. The license states the specific permitted hours; total driving time is limited to 12 hours per day (need not be consecutive) and 60 hours per week (Wis. Stat. § 343.10(5)(a)1.), and driving is limited to the Wisconsin counties and other states listed on the license.

“Your total driving time is limited to: 12 hours driving per day (need not be consecutive hours) 60 hours total driving for the week”

How it is issued

The licensing agency issues the Occupational License.

Official page: wisconsindot.gov

The statute: Wis. Stat. § 343.10

“the occupational license shall contain definite restrictions as to hours of the day, not to exceed 12, hours per week, not to exceed 60, type of occupation and areas or routes of travel which are permitted under the license.”