What Is The Ten-Day Deadline? Will I Lose My License?
By Andrew Mishlove on March 17, 2017
The ten-day deadline applies in two different situations: 1) if you refused a chemical test; or 2) if you consented to a test that came back over the legal limit. In either situation, there is a ten-day deadline or you will lose your driver’s license.
Refusing To Take a BreathalyzerLet’s start with a refusal. Many people often believe that if they take a breath test at the scene, on the portable breath test device (PBT), that they have complied with the chemical test. Unfortunately, this is a common misconception. A PBT is best thought of as a kind of field test. You do not have to consent to it; and if you do consent to it, you may still be required to consent to another test. In fact, even if you consent to an official test, the police may require that you consent to another test, or you can be charged with refusal.
So, if you consent to a test, and then you later declined a blood or breath test at the station or a blood draw, you can be charged with refusal.
Notice of Intent to Revoke Operating PrivilegeIf you refused any test you will be given a form entitled Notice of Intent to Revoke Operating Privilege (Form MV3396). This form is full of legalese; and it is the only notice you will receive that you are being charged with refusal. There is no ticket for refusal.
If you received a Notice of Intent, then you have ten days to file a request for a hearing.
If you miss the deadline, the refusal is found to be unreasonable (which essentially means guilty) and the penalties, which include a license revocation of at least one year, are enforced after 30 days.
If you demand a hearing, you are entitled to a trial to the court, to challenge the refusal charge.
Notice of Intent to Suspend Operating PrivilegeIf you consented to chemical testing, and the result was over the legal limit, then you may get a ten day notice on a form called Notice of Intent to Suspend Operating Privilege (Form MV 3519). If you failed an official breath test at the police station, this form is typically issued immediately. A formal breath test at the station involves submitting to two breath tests on a large machine.
In the case of a blood test; the ten day notice is typically mailed to you a few days after the police (and you) receive the blood test results.
If you do not request a hearing (called an administrative review request) within ten days (or thirteen days if you were mailed the form), your license will be automatically suspended. The form that must be filed within the ten days is called Administrative Review Request (Form MV3530).
If you request a hearing, you are entitled to a hearing before the DMV, to challenge the administrative suspension.
Administrative SuspensionDuring an administrative suspension, a person is automatically eligible to obtain an occupational permit, providing there is no habitual traffic offender status or there are not two OWI violations within a year. There is no waiting period and no requirement for IID. Typically, the only requirement is that you obtain SR22 insurance.
However, the administrative suspension can be difficult for CDL holders, salesman, or just anyone that needs to drive for a living. There is no occupational CDL, and the total allowable driving hours on an occupational is 60 per week.
The ten day deadline is important, whether you refused or complied with a chemical test. We are Wisconsin’s only certified specialists in drunk driving defense Our team of lawyers is ready to help you comply with your deadline and fight to keep your license! If you have any question or need help, submit an online request or give us a call.
What is the 10 Day Time Limit in a DUI Case in Wisconsin?
More About Wisconsin OWI Charges
- 1st Offense DUI - A first offense drunk driving conviction can remain on your record forever.
- 2nd Offense DUI - A 2nd drunk driving charge is a criminal misdemeanor offense.
- 3rd Offense DUI - If convicted you will immediately start serving your jail time.
- 4th Offense DUI - A fourth drink driving offense is a felony.
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