Two parallel proceedings: criminal OWI and administrative suspension
A Wisconsin OWI arrest with a failed chemical test triggers two independent proceedings:
- Criminal OWI prosecution in circuit court, handled by the District Attorney. Prosecutes the underlying OWI / PAC charge. Carries its own license-revocation consequences under § 343.30(1q)(b) if convicted.
- Administrative suspension imposed by the Wisconsin Department of Transportation under § 343.305(7). Imposes a 6-month suspension based on the chemical-test result, regardless of what happens in the criminal case.
Both can be challenged. Both can be defended. They run on different clocks with different deadlines and different procedural rules.
For a suspension that did not start with an OWI chemical-test notice, use the companion license-suspension guide to sort out DMV reinstatement, points, unpaid forfeitures, and OAR risk.
Timeline of the administrative-suspension process
| Day | Event | Statute |
|---|---|---|
| 0 | Arrest, chemical test administered, Notice of Intent to Suspend issued at the scene. Notice serves as a 30-day temporary license. | § 343.305(7), (8)(a) |
| 1 to 10 | Administrative review request must be filed in writing with the Wisconsin DOT (13 days if the notice came by mail, excluding Saturdays, Sundays and holidays). Not with a court. Missing this deadline forfeits the right to challenge. | § 343.305(8)(b)1 |
| ~10 to 30 | Hearing scheduled (typically within 30 days of the request). | § 343.305(8)(b) |
| 30 | Temporary license expires. Administrative suspension takes effect (or is vacated if the review succeeded). | § 343.305(8)(a) |
| 30 to 210 | 6-month administrative suspension period. Occupational license available throughout under § 343.305(8)(d). | § 343.305(7)(a), (8)(d) |
What the administrative review actually examines
The administrative-review hearing under § 343.305(8) is limited in scope. Section 343.305(8)(b)2 lists the issues exhaustively, and the Wisconsin DOT examiner may address only these:
- The correct identity of the person
- Whether the person was informed of the testing options required by § 343.305(4) (the Informing the Accused)
- Whether the person had a prohibited alcohol concentration or a detectable restricted controlled substance in the blood at the time the offense allegedly occurred
- Whether one or more tests were administered in accordance with § 343.305
- Whether each test result indicates a prohibited alcohol concentration or a detectable restricted controlled substance
Probable cause to arrest is not on that list. A common misconception is that the administrative review is a second bite at the stop and the arrest. It is not. Fourth Amendment challenges to the stop and the arrest belong in the suppression motion in the criminal case in circuit court. If the examiner finds against the state on any of the five statutory issues, the suspension is vacated.
Why the administrative suspension matters even if the criminal case is dismissed
Not because it creates a prior. It does not. Section 343.307(1) sets out the closed list of what a Wisconsin court counts when charging a later OWI, and a § 343.305(7) administrative suspension is absent from it. The list reaches OWI convictions, § 940.09 and § 940.25 convictions, qualifying out-of-state convictions, out-of-state suspensions or revocations "arising out of a refusal to submit to chemical testing," and "[r]evocations under s. 343.305 (10)," meaning Wisconsin refusal revocations. If the criminal OWI is dismissed and there was no refusal, there is no counted prior.
The administrative suspension matters for a simpler reason: it takes your licence for 6 months on its own timetable, whatever the criminal case does. That is why the 10-day window is worth meeting, and why it is filed with the department rather than the court.
Defense angles in the administrative review
The same evidentiary issues that defeat a chemical test in the criminal case can defeat the administrative suspension:
- 20-minute observation period violations before breath testing
- Intoximeter EC/IR II calibration gaps or maintenance failures
- Mouth-alcohol contamination from belching, regurgitation, or recent dental work
- Blood drawn by unqualified personnel or without proper consent
- Probable-cause defects in the underlying stop or arrest
- Chain-of-custody gaps in blood-tube handling between the draw and the lab
A successful administrative review preserves your operating privilege during what would otherwise be a 6-month suspension, and it removes the § 343.305(7) suspension from the driving record the DOT and your insurer both read.
The 10-day clock starts at the scene, and the filing goes to the department. The notice of administrative suspension is the document the officer hands you with the citation, along with the separate request form § 343.305(8)(am) requires. The written request goes to the Wisconsin DOT. If you also refused a test, that is a different notice and a different destination: the refusal-hearing request goes to the court named on the Notice of Intent to Revoke. Bring every piece of paper to your first attorney consultation. We file both before the deadline as a matter of routine. Call (262) 632-5000 24/7. We serve Racine, Kenosha, and Walworth counties.
