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. 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. The Wisconsin DOT examiner addresses:
- Whether the officer had probable cause to arrest for OWI
- Whether the arrest was lawfully made
- Whether the chemical test was administered in compliance with statutory procedure
- Whether the test result meets the prohibited-alcohol-concentration threshold under § 340.01(46m)
If the examiner finds against any of these elements, the suspension is vacated. The administrative review does not adjudicate guilt or innocence on the criminal charge - that happens in circuit court.
Why the administrative suspension matters even if the criminal case is dismissed
The administrative suspension counts as a prior offense for future OWI charging under § 343.307(1), regardless of whether the criminal OWI is convicted, dismissed, or reduced. A driver whose criminal OWI is dismissed but whose administrative suspension was not challenged still has a counted "prior" on the Wisconsin DOT record. A future OWI charge would then be charged at the 2nd-offense criminal misdemeanor tier instead of as a 1st-offense civil forfeiture.
This is why the 10-day administrative-review window matters as much as the criminal defense. Two separate proceedings, two separate "prior" risks.
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. It also preserves the "no prior offense" status under § 343.307(1) for any future OWI exposure.
The 10-day clock starts at the scene. The Notice of Intent to Suspend is the document the officer hands you with the citation. Bring it to your first attorney consultation. We file the administrative review request before the deadline as a matter of routine. Call (262) 632-5000 24/7. We serve Racine, Kenosha, and Walworth counties.
