With over 30 years of experience defending clients against criminal charges—including drunk driving—Stangl Law understands one of the most pressing questions clients face:
“Will I lose my driver’s license?”
If you’ve been arrested for driving under the influence in Wisconsin, your driving privileges are at risk. However, there are ways to potentially minimize restrictions on your ability to drive during this time.
If you’re facing charges related to OWI, DUI, DWI, BAC, or PAC in Wisconsin, it’s critical to consult an experienced attorney right away to improve your chances of keeping your license.
Why Would My Driver’s License Be Suspended or Revoked?
Driving is a privilege in Wisconsin. Law enforcement may suspend or revoke your license for several reasons.
Like many states, Wisconsin uses a point system to track driving infractions. Accumulating too many points increases your chances of losing your license. Your situation can worsen if you're caught driving with a suspended license—or if you're arrested on suspicion of OWI.
Will I Lose My License if I’m Pulled Over for Drunk Driving?
If pulled over on suspicion of OWI, officers may ask you to perform field sobriety tests (FSTs), like walking in a straight line. You are not legally required to take FSTs, and you may politely decline, which could strengthen your defense later.
- Exception: Commercial drivers (CDL holders) must comply with FSTs under the terms of their license.
Refusing FSTs may still lead to arrest. If you take the tests and fail, you'll likely be arrested and issued a temporary license that expires in 30 days.
Will I Lose My License if I Refuse Chemical Testing?
After arrest, officers will request a chemical test (blood, breath, or urine) to determine your BAC. Under Wisconsin’s Implied Consent law, licensed drivers must submit to these tests.
Refusing a chemical test—even if you later agree—almost always results in arrest, adds another charge, and will lead to license suspension. It can also be used as evidence of guilt.
Additional penalties for refusing include:
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1st OWI offense: 1-year license revocation.
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2nd offense (within 10 years): 2-year revocation.
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3rd offense (within 10 years): 3-year revocation.
If you refused chemical testing after your arrest for drunk driving in Wisconsin, you should contact an experienced attorney specializing in OWI defense immediately.
How Soon Would I Lose My Driving Privileges?
If you blew a .08 or higher on a breathalyzer, the officer will confiscate your license and issue a 30-day temporary one. Suspension begins after that period—unless you act.
You’ll also receive (or soon receive by mail) a Notice of Intent to Suspend. This document is crucial—it may be your last chance to preserve your license before your case goes to court. Act quickly and contact us as soon possible.
What is a Notice of Intent to Suspend?
This notice starts the countdown: you have 30 days from the issue date before your license is suspended—unless you request an Administrative Review Hearing.
When you speak to an attorney, make sure to ask for help filing this request immediately. Delays could cost you your driving privileges before you’ve even been to court.
It is very important when you contact an attorney to help you defend against OWI charges, you also ask for assistance in keeping your driving privileges. This means you will need to request an Administrative Review Hearing as part of your defense—and soon.
What Is an Administrative Review Hearing?
This is your only chance to prevent pre-conviction license suspension. It’s not a guarantee, but it gives you the opportunity to argue your case. You have 10 days from the date on your notice to request the hearing. If you miss this window, your license will automatically be suspended after 30 days.
An experienced Wisconsin OWI attorney will help you meet this deadline to avoid the potential penalties, including risking suspension of your driving privileges and/or license.
How Can I Fight to Keep My License?
As there are multiple ways to lose your driving privileges in Wisconsin, there are also a variety of ways to regain those same privileges, even in the event of OWI charges. There are ways you can fight the suspension or revocation of your driving privileges in Wisconsin while waiting for your driving under the influence case to go to court.
There may also be factors surrounding your arrest that may give cause for the courts to dismiss your case.
To ensure you are taking advantage of all opportunities to retain your driving privileges while defending against any charges relating to operating a vehicle while under the influence of an intoxicant, as well as exploring all avenues to defend against the charges your face, contact a knowledgeable attorney specializing in OWI defense.
What Can I Do if I Need to Drive for Work and am Facing OWI Charges?
If you are a truck driver facing OWI charges in Wisconsin, or depend on driving for your work and have been arrested for drunk driving, you should contact a lawyer specializing in OWI defense.
If you do not drive for your paid job, but still need to drive as part of your daily responsibilities (stay-at-home parent, full-time student, etc.), it is in your best interest to consult with an attorney who understands your type of circumstances and can help argue your case on your behalf.
If you are the parent of a teenager or student who needs to drive in order to get to school and is currently facing OWI charges, consider reading this article for more information and contact an attorney.
What's the First Step if I Want to Keep My Driver's License After Arrest for OWI in Wisconsin?
The advice for fighting suspension of your driver's license after an OWI arrest, is the same for defending against OWI charges: contact a lawyer who is well-experienced in providing successful OWI defense in Wisconsin.
Again, if you rely on your driving privileges or are a professional driver such as a truck driver, delivery driver, cab driver, chauffeur or other profession requiring a Commercial Drivers License or CDL, or rely on driving for your personal care or livelihood, it is imperative you secure experienced legal counsel right away to ensure your strongest chance of retaining your driving privileges while fighting OWI charges.
FREE 10-Minute Consultation
Taking too long to contact an attorney to help get your defense strategy organized and set in motion can result in losing your driving privileges or even having your drivers' license revoked.
Madison Criminal Defense Attorney Patrick J. Stangl, is committed to exploring options for your best defense and has been defending clients across the state since 1991. To this end, he is pleased to offer at no-obligation a FREE 10-minute consultation to discuss the specifics of your case and take the first step in putting this stressful time behind you.
Madison Attorney, Patrick J. Stangl, who specializes in OWI cases, is happy to offer at no obligation a FREE 10-minute consultation to get you pointed in the right direction in your fight to protect your driving privileges, while defending against drunk driving charges.
Stangl Law Offices, S.C.