Administrative Review Hearing for Your License After OWI
By Andrew Mishlove on January 19, 2020
People charged with operating while intoxicated (OWI) need to speak with a drunk driving lawyer after their arrest. Wisconsin attorneys Andrew Mishlove and Lauren Stuckert can help you save your driver’s license from revocation and suspension. Our law firm can also aid with additional legal issues that arise following a drunk driving charge.
After your OWI arrest, you have the option to seek an administrative review hearing regarding your driver’s license. Our lawyers would like to discuss what this involves and why it’s important to have legal representation as part of this process.
What Is an Administrative Review Hearing?
An administrative review hearing is an informal means of retaining your driving privileges after an OWI arrest. The hearing will also layout other issues associated with your drunk driving charge, such as probable cause for pulling you over, if you were in the vehicle or driving at the time of the arrest, and so forth.
The arresting officer in your case will provide the hearing examiner with evidence regarding your arrest. This typically means the police report that was filed and the results of the chemical test regarding your blood alcohol concentration (BAC). While the arresting officer must provide this information, they need not be in attendance at this hearing.
Why People Charged with OWI Should Request an Administrative Review Hearing
For matters of protecting your license and driving privileges, this administrative review hearing helps you prevent license revocation and suspension. This means you will not be limited to a restricted license for work, school, and religious services.
Since an administrative review hearing is a preview of the case against you, your defense attorney can use this information to fashion a defense strategy accordingly. In addition, people who refused to submit to a chemical or breathalyzer test can use this hearing to prove their side, assert their rights, and find issues with the arrest process.
Deadline for Filing for an Administrative Review Hearing
In the state of Wisconsin, people charged with an OWI will have 10 days to request an administrative review hearing. This can be done by mail or by delivering the request by hand.
If no request for an administrative review hearing is made within that deadline, the license revocation moves forward within 30 days of the notice for an administrative review request being issued. For people who refused a sobriety test, the license revocation moves forward 30 days from the initial refusal to take a sobriety test.
This gives you an idea why acting quickly is crucial, and why you should not delay in making this request and seeking legal representation.
Why You Need an OWI Lawyer on Your Side
Most people do not have a sufficient knowledge of the state’s OWI laws to mount a strong defense for a drunk driving charge. Your lawyer can help you retain your driving privileges and also provide insight into your legal defense strategy. Whether or not you are successful in the administrative review hearing, your attorney will help you understand what’s next in your case moving forward.
Contact Mishlove & Stuckert, LLC
If you live in Wisconsin and need to speak with a legal representative after a drunk driving charge, be sure to contact a skilled OWI attorney to help you save your driver’s license. You can reach our office in Milwaukee at (414) 206-6919, our office in Oshkosh at (920) 306-8500, our office in West Bend at (262) 239-4828, and our office in Waukesha at (262) 207-4527.
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"Mr. Mishlove was worth every penny and then some. I would consider him the Michelangelo of the DUI defense world. He is professional, dedicated, and pours his heart into his job. I would give him 10 stars if I could."Ronald S.