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Featured 5.23.2025

License Suspension After a DUI: What Are My Options in Wisconsin?

If you’ve recently been arrested for a DUI (also known as OWI in Wisconsin), one of your biggest concerns is likely whether you’ll be able to keep your driver’s license. A license suspension is one of the first penalties you might face, but you may still have options. An experienced DUI defense attorney can help you understand your rights and take the right steps to protect them.

At Bayer Law Offices, we help people in Milwaukee and surrounding counties fight back after DUI arrests. Here’s what you need to know if you're facing a license suspension in Wisconsin.

What Triggers a License Suspension After a DUI in Wisconsin?

There are two main ways your license can be suspended following a DUI arrest:

  1. Administrative suspension by the DMV
    If your blood alcohol concentration (BAC) is 0.08 percent or higher after a chemical test, the Wisconsin Department of Transportation will suspend your license. This typically happens even before you go to court. Refusing to take a chemical test, like a breath or blood test, results in an automatic one-year revocation for a first offense.
  2. Court-ordered suspension after conviction
    If you're found guilty of OWI in court, the judge will also impose a license revocation period. The length of that suspension depends on your record and the facts of your case.

How Long Will My License Be Suspended?

Suspension lengths vary depending on your BAC level, whether it's your first offense, and whether you refused testing. Common suspension periods include:

  • First OWI offense: 6 to 9 months
  • Second offense: 12 to 18 months or longer
  • Refusal to test: 1 year (first refusal), with longer periods for multiple offenses

If your BAC was 0.15 percent or higher, or you have prior DUI convictions, additional penalties may apply, including the requirement of an ignition interlock device.

Can I Drive During My Suspension?

You may be eligible for an occupational license, which allows limited driving for work, school, and essential activities like medical appointments. To apply, you’ll need to:

  • File proof of SR-22 insurance
  • Pay a fee to the DMV
  • Follow time and location restrictions (usually limited to 12 hours of driving per day)

Occupational licenses are often available right away for a first offense, unless you refused testing. Attorney John T. Bayer can help you complete the application and avoid mistakes that might delay your ability to drive legally.

Will I Need an Ignition Interlock Device?

Wisconsin law requires an ignition interlock device if:

  • Your BAC was 0.15 percent or higher
  • You were convicted of a second or subsequent OWI
  • You refused chemical testing

This device must be installed on all vehicles you own or operate. You’ll be responsible for installation and maintenance costs, which can add up quickly. The court will specify how long the device must remain installed.

What Happens If I Drive on a Suspended License?

Driving while your license is suspended is a criminal offense in Wisconsin. Penalties include:

  • Fines and court costs
  • Possible jail time
  • Extended suspension or revocation
  • Higher insurance rates
  • A new criminal charge on your record

If you've been caught driving on a suspended license, it's important to speak with a lawyer right away. Bayer Law Offices has successfully defended clients in these situations and can work to reduce further consequences.

Can I Fight the Suspension?

Yes. You have the right to challenge an administrative license suspension, but you must act quickly.

You only have 10 business days from the date of your Notice of Intent to Suspend to request a hearing. If you miss this deadline, the suspension will go into effect automatically.

A legal challenge may be based on:

  • An unlawful traffic stop
  • Errors in how the chemical test was administered
  • Inaccurate BAC readings
  • Procedural mistakes by law enforcement

With more than 15 years of DUI defense experience, Attorney John T. Bayer knows what to look for and how to build a strong defense.

Why Choose Bayer Law Offices?

Attorney John T. Bayer has been practicing law in Wisconsin for over 15 years. A Marquette Law School graduate and a former California Bar member, he has a deep understanding of both state and municipal court systems. He represents clients throughout Milwaukee, Waukesha, Racine, Kenosha, Walworth, and Ozaukee Counties.

Our firm handles everything from OWI and traffic citations to more serious criminal charges. We are based in downtown Milwaukee and are known for our honest advice, personalized service, and proven track record. When your license and freedom are on the line, we make sure you're not facing the legal system alone.

Schedule Your Free Consultation

If you're facing a license suspension after a DUI arrest, don’t wait. You may have more options than you realize, but your ability to fight back depends on taking action early.

Call Bayer Law Offices at (414)-939-9650 or contact us online to schedule a free consultation. We’ll help you understand your rights, explore your options, and work toward the best possible outcome for your case.

If you’ve recently been arrested for a DUI (also known as OWI in Wisconsin), one of your biggest concerns is likely whether you’ll be able to keep your driver’s license. A license suspension is one of the first penalties you might face, but you may still have options. An experienced DUI defense attorney can help you understand your rights and take the right steps to protect them.

At Bayer Law Offices, we help people in Milwaukee and surrounding counties fight back after DUI arrests. Here’s what you need to know if you're facing a license suspension in Wisconsin.

What Triggers a License Suspension After a DUI in Wisconsin?

There are two main ways your license can be suspended following a DUI arrest:

  1. Administrative suspension by the DMV
    If your blood alcohol concentration (BAC) is 0.08 percent or higher after a chemical test, the Wisconsin Department of Transportation will suspend your license. This typically happens even before you go to court. Refusing to take a chemical test, like a breath or blood test, results in an automatic one-year revocation for a first offense.
  2. Court-ordered suspension after conviction
    If you're found guilty of OWI in court, the judge will also impose a license revocation period. The length of that suspension depends on your record and the facts of your case.

How Long Will My License Be Suspended?

Suspension lengths vary depending on your BAC level, whether it's your first offense, and whether you refused testing. Common suspension periods include:

  • First OWI offense: 6 to 9 months
  • Second offense: 12 to 18 months or longer
  • Refusal to test: 1 year (first refusal), with longer periods for multiple offenses

If your BAC was 0.15 percent or higher, or you have prior DUI convictions, additional penalties may apply, including the requirement of an ignition interlock device.

Can I Drive During My Suspension?

You may be eligible for an occupational license, which allows limited driving for work, school, and essential activities like medical appointments. To apply, you’ll need to:

  • File proof of SR-22 insurance
  • Pay a fee to the DMV
  • Follow time and location restrictions (usually limited to 12 hours of driving per day)

Occupational licenses are often available right away for a first offense, unless you refused testing. Attorney John T. Bayer can help you complete the application and avoid mistakes that might delay your ability to drive legally.

Will I Need an Ignition Interlock Device?

Wisconsin law requires an ignition interlock device if:

  • Your BAC was 0.15 percent or higher
  • You were convicted of a second or subsequent OWI
  • You refused chemical testing

This device must be installed on all vehicles you own or operate. You’ll be responsible for installation and maintenance costs, which can add up quickly. The court will specify how long the device must remain installed.

What Happens If I Drive on a Suspended License?

Driving while your license is suspended is a criminal offense in Wisconsin. Penalties include:

  • Fines and court costs
  • Possible jail time
  • Extended suspension or revocation
  • Higher insurance rates
  • A new criminal charge on your record

If you've been caught driving on a suspended license, it's important to speak with a lawyer right away. Bayer Law Offices has successfully defended clients in these situations and can work to reduce further consequences.

Can I Fight the Suspension?

Yes. You have the right to challenge an administrative license suspension, but you must act quickly.

You only have 10 business days from the date of your Notice of Intent to Suspend to request a hearing. If you miss this deadline, the suspension will go into effect automatically.

A legal challenge may be based on:

  • An unlawful traffic stop
  • Errors in how the chemical test was administered
  • Inaccurate BAC readings
  • Procedural mistakes by law enforcement

With more than 15 years of DUI defense experience, Attorney John T. Bayer knows what to look for and how to build a strong defense.

Why Choose Bayer Law Offices?

Attorney John T. Bayer has been practicing law in Wisconsin for over 15 years. A Marquette Law School graduate and a former California Bar member, he has a deep understanding of both state and municipal court systems. He represents clients throughout Milwaukee, Waukesha, Racine, Kenosha, Walworth, and Ozaukee Counties.

Our firm handles everything from OWI and traffic citations to more serious criminal charges. We are based in downtown Milwaukee and are known for our honest advice, personalized service, and proven track record. When your license and freedom are on the line, we make sure you're not facing the legal system alone.

Schedule Your Free Consultation

If you're facing a license suspension after a DUI arrest, don’t wait. You may have more options than you realize, but your ability to fight back depends on taking action early.

Call Bayer Law Offices at (414)-939-9650 or contact us online to schedule a free consultation. We’ll help you understand your rights, explore your options, and work toward the best possible outcome for your case.

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