A: The first thing anyone should do that has been charged with an OWI in the State of Wisconsin is contact a qualified attorney. Our attorneys are available 24/7 to answer your questions, feel free to call us anytime at 608-255-9491.
That being said, there is some information you should know immediately.
- You are presumed innocent. The morning after, your driver's license is valid (barring unique circumstances which we will not go into here). If you need to drive, you (typically) may.
- You are under time limits to act. As I said, you are presumed innocent. That being said, you have TEN (10) days to take one of two actions depending on your case:
A) If you REFUSED the chemical test of your breath/blood/urine (see our post on this topic), you have TEN (10) days to request a hearing on the refusal. This request must be sent to the court in which you are to make your Initial Appearance (see our post on this topic).
B) If you CONSENTED to the chemical test of your breath/blood/urine and this test indicated you were over the legal limit (0.08), then you have TEN (10) days to request a hearing on the administrative suspension of your license. If you are over the legal limit, the Wisconsin Department of Transportation can administratively suspend your license. You have TEN (10) days to request a hearing to prevent this from happening. (At the time of your arrest, the officer should have provided you with a form to request the hearing.)
However, please remember that the contents of this post is NOT legal advice. Please contact a qualified attorney for information regarding your specific situation. We are available to help you 24/7 at 608-255-9491.
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