Administrative review hearing

An administrative review hearing (343.305(8)) Wis. Stats.) determines whether the actions taken by the law enforcement officer met statutory requirements during the traffic stop and arrest.

A request for an administrative review hearing must be submitted in writing and must be postmarked by:

  • 10 business days of receipt of the Notice of Intend to Suspend if it was handed to you at the traffic stop
  • 13 business days from the notice date on the Notice of Intent to Suspend if it was mailed to you

Details, including the mailing address, are available on the Administrative Review Request form provided by the law enforcement agency.

All hearings must be held within 30 days from the notice date listed on the Notice of Intent to Suspend because the suspension takes effect at 12:01 a.m. on the 31st day.

An administrative review hearing may be held in-person, by telephone, or through document review (also referred to as a non-appearance review). There is no difference in the hearing outcomes based upon the hearing type due to the limited scope of the review.

The hearing will deal with the law enforcement officer's handling of these eight (8) issues:

  • Correctly identifying the driver
  • Did the officer read the “Informing the Accused” statement prior to any Blood Alcohol Content (BAC) testing?
  • Did you have a Prohibited Alcohol Concentration (PAC) or a detectable amount of a restricted controlled substance in your blood when the offense allegedly occurred?
  • Were one or more tests administered in accordance with 343.305 Wis. Stats. or 343.305(8)(b)2c Wis. Stats.? (see 343.305(5),(6) Wis. Stats. for test requirements)
  • Did the results for each test indicate a Prohibited Alcohol Concentration or a detectable amount of a restricted controlled substance in your blood? (343.305(8)(b)2d) Wis. Stats.
  • Were you operating or driving a Commercial Motor Vehicle at the time of the arrest?
  • If the test results indicate you had a detectable amount of methamphetamine or one of its precursors, or gamma-hydroxybutyric acid or delta-9-tetrahydrocannabinol in your blood, did you have a valid prescription for the substance at the time the offense allegedly occurred?
  • Probable cause:
    1. Whether there was a reason for the officer to make contact with the individual or conduct the traffic stop.
    2. Whether there was a reasonable suspicion for the officer to believe the operator was under the influence of alcohol or other drugs.

Decisions are mailed to the last known address on file with the DMV on the hearing date.

If the hearing examiner finds that the police officer properly completed the process, the six-month suspension in the Notice of Intent to Suspend will be upheld and you will be unable to legally drive.

If you wish to appeal the decision of the Administrative Review Hearing, instructions on how to request a Judicial Review through the court are included in the decision letter.

Upon suspension for the BAC, you may be eligible to apply for an Occupational license.


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