If a motorist submits to a chemical test and a detectable amount of a restricted controlled substance or a prohibited alcohol concentration is detected, then the law enforcement officer will take the motorist's license and forward it to the DOT along with the results of the chemical test. The law enforcement officer will also provide the motorist with a notice of suspension and administrative review request form. The notice of suspension serves as a 30-day temporary license. The motorist will only have 10 days to request an Administrative Review Hearing.
If an Administrative Review Hearing is requested, the review will be limited to the following issues:
a. The correct identity of the person.
b. Whether the person was informed of the options regarding tests under 343.305(4).
bm. Whether the person had a prohibited alcohol concentration or a detectable amount of a restricted controlled substance in this or her blood at the time the offense allegedly occurred.
c. Whether one or more tests were administered in accordance with 343.305.
d. If one or more tests were administered in accordance with 343.305, whether each of the test results for those tests indicate the person had a prohibited alcohol concentration or a detectable amount of a restricted controlled substance in his or her blood.
e. If a test was requested under sub. (3)(a), whether probable cause existed for the arrest.
f. Whether the person was driving or operating a commercial motor vehicle when the offense allegedly occurred.
g. Whether the person had a valid prescription for methamphetamine or one of its metabolic precursors or gamma-hydroxybutyric acid or delta-9-tetrahydrocannabinol in a case in which subd. 4m. a. and b. apply.
Suspension and Revocation
When an arrest has been made for a suspected OWI, the arrested motorist is subject to the requirements of the Wisconsin implied consent laws. This means the motorist is required to submit to chemical testing to determine the amount of alcohol or controlled substance in the motorist's breath or blood.
Suspension Occurs - When a person voluntarily provides the blood, breath, or urine sample requested under Wis. Stat. 343.305(2), and the sample indicates the presence of a controlled substance or a prohibited amount of alcohol. The person's operating privilege is administratively suspended for 6 months.
Revocation Occurs - When a motorist refuses to submit to a requested chemical test, violating the Wisconsin implied consent laws. The person's operating privilege is revoked for 1 year.
Administrative Review Hearing
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Paul C. Rohloff, Attorney at Law, LLC © 2013 All Rights Reserved