Understanding the 10-Day Deadline: How to Preserve Your Driving Privileges After an OWI

Getting arrested for OWI (Operating While Intoxicated) in Wisconsin triggers two immediate problems. First, if this is not your first OWI, you're facing criminal charges. Second, the state often starts moving to suspend or revoke your driver's license—usually before your court date is even scheduled.

If you want to keep your license, you have 10 calendar days from the date you receive a notice of a pending suspension or revocation to challenge the suspension or revocation of your license.  You need to act quickly and with a clear strategy. A skilled OWI defense attorney can make a difference when it comes to protecting your driving rights and fighting back against the system.

After an OWI arrest, the Department of Motor Vehicles (DMV) may administratively suspend or revoke your license regardless of how the traffic or criminal case proceeds. The moment you receive notice that an administrative suspension or revocation is being initiated, your countdown begins to challenge it.  In the wake of an arrest for OWI, many people fail to read the fine print on all of the paperwork that is provided to them and can miss the notice which explains that a suspension or revocation is being initiated.

What is a Chemical Test?

A chemical test is used in Wisconsin to determine whether your blood acohol is too high to be operating a motor vehicle.  Chemical tests can include an Intoxilyzer test of your breath or a blood sample which is sent to a lab for testing. 

If you fail a chemical test or refuse to take one, the state will move to take away your driving privileges. This process is seperate from any pending traffic ticket or criminal charges. It's handled separately by the DMV and usually on a much faster timeline.

If You Failed the Chemical Test
Failing a chemical test—whether breath or blood—gives the state a basis to suspend your license before it has been determined whether you are guilty of an OWI. You don't have to be convicted in court for your license to be suspended or revoked by the DMV. The administrative suspension will automatically be imposed unless you request a hearing within 10 days.

If You Refused the Chemical Test
Refusing to submit to a chemical test usually leads to harsher consequences. Instead of a suspension, the state will pursue a revocation of your license. This is because Wisconsin's implied consent law makes refusal of a chemical test a punishable offense, regardless of whether you are ultimately convicted of the underlying Operating While Intoxicated charge.

The 10-Day Clock Starts Immediately.
Once you receive the notice, you have 10 calendar days to request an administrative hearing. If you miss this deadline, you lose your right to fight the administrative suspension or revocation and your ability to drive legally can disappear quickly.

Key Takeaways

• The 10-day period begins the day you're handed the notice—not your first court date.
• The administrative case runs separately from the traffic or criminal case.
• Delays may cost you your license. Acting quickly gives you a shot to keep it.
• Working with an experienced OWI defense attorney is the best way to take control of the situation early.

The 10 day window for challenging an administrative suspension or revocation are your first and best chance to stop the Department of Motor Vehicles from suspending or revoking your license.  To use this time most effectively, consider the following steps:

Hire an OWI Defense Attorney

An OWI defense attorney who understands how the DMV works and how to handle both sides of your case—the administrative and the criminal- is essential to preserving your license and the ability to fight your case. To find the best OWI defense attorney in Wisconsin, look for a firm who has experience, a wide range of skills and a committment to protecting you. 

An experienced attorney will assist you in filing a hearing request to challenge the administrative suspension or revocation, meet with you to understand your story, investigate all aspects of the stop and search including the accuracy of the tests that were administered and begin building your defense based on the facts of your case.  Starting early with an experienced OWI attorney gives you the best chance to avoid long term loss of your license, significant fines and mandatory jail time if you are facing a crminal case. When you hire an attorney, they can ensure that everything is filed correctly and on time, including request for a hearing on the administrative suspension or revocation, giving you the best chance to retain your license if possible.  

Submit the Required Forms
The notice you receive regarding a suspension or revocation should come with a hearing request form. If you have not hired an attorney yet, you should still fill it out completely and send it to the address listed. If you send it late, you will lose the opportunity to challenge the suspension or revocation.  Having the request for a hearing filed preserves that issue for a period of time until you can hire an attorney to assist you.

Sometimes you can. But only if you take the correct steps within the deadlines. Requesting the administrative hearing within 10 days stops the automatic suspension or revocation from taking effect until a hearing can be held.

An experienced OWI defense attorney will use the hearing to argue for reasons your license should not be administratively suspended or revoked. Even if the hearing doesn't result in a win, your attorney may be able to help you qualify for an occupational license so you can continue driving for work, school, or medical appointments. Every bit of time and flexibility helps.

These terms sound similar, but they come with different consequences.

Suspension
A suspension is a temporary removal of your driving privileges which lasts for a specific period. After that time expires, your license is in good standing again. 

Revocation
Revocation is more serious. It cancels your license completely for a period of time. To get it back, once the time has elapsed, you must still meet specific conditions and pay a reinstatement fee before getting your license back. Refusing to take a chemical test often leads to revocation. 

Working with a strong OWI defense attorney can help you understand which license restrictions you're facing and how to respond effectively.

The best OWI defense attorney knows how to manage every aspect of the case, from the initial notice to the final court ruling.

To help build a defense against OWI charges, a criminal defense attorney will:

• Meet with you to understand the specifics of your case
• Examine the legality of the traffic stop.
• Review all chemical test data and maintenance logs.
• Challenge violations of your rights under state or federal law.
• Represent you at both the administrative hearing and criminal proceedings.

Working with a criminal defense attorney who handles OWI cases in Wisconsin will make sure none of these factors go overlooked. 

An experienced OWI defense attorney will be honest with you. They'll tell you what to expect and how to make the most of your options. Whether you're a student, a professional, a commercial driver, or someone who made a mistake, you deserve a fair chance.

At Nelson Defense Group, we act fast. We understand the 10-day deadline matters—it's the first move in a high-stakes legal process.

From the moment you contact us, we get to work:

• We will file your administrative hearing request immediately if you are still within the timelines.
• We will work with you to understand your unique situation.
• We investigate how your stop and arrest were handled.
• We begin building a legal defense on both the administrative and criminal fronts.

We've handled OWI cases in counties across Wisconsin. We know the local court systems, the procedures, the prosecutors and the judges.  We are also part of a supportive network of crminal defense attorneys across the state.  If we need more information about a specific jurisdiction, we will get it. Our team has represented clients facing first-time OWI charges, repeat offenses, and cases involving serious injury or death.

We focus on protecting your license and your future. A qualified OWI defense attorney from our team will guide you step by step and fight to limit the damage. We know how to tell your story and how to get you back to your life. 

If you've been arrested for OWI in Wisconsin, your license is at risk the moment you receive the notice. You have 10 days to act. That small window is your chance to stop an automatic suspension or revocation before it takes effect.

This article has explained what triggers the 10-day deadline, how to respond to a notice, the difference between suspension and revocation, and how requesting a hearing gives you time to challenge an automatic suspension or revocation.

A skilled OWI defense attorney can step in right away, file the hearing request, and fight both the administrative and criminal sides of your case. The faster you act, the better your chances.

Contact Nelson Defense Group now to schedule your free consultation. We'll file your hearing request, challenge your suspension, or revocation and start building your defense immediately.