Should I get my occupational license now?

You can't get an occupational if your license is still valid. If you are administratively suspended, and your license has not been suspended or revoked for anything else in the last 12 months, you should be occupational eligible. If you are or will be revoked for refusing testing, you are subject to a waiting period and an IID requirement. Once revoked by the court, you will be subject to a waiting period and an IID requirement. You must also be in compliance with any assessment order, as well as an resulting driver safety plan. You need a lawyer. If you can't afford one, go see the public defender.

If your license was administratively suspended because of a high test result, you can seek an occupational license now. If it was revoked for "refusal," there will be a waiting period. At this point, if you are simply going to plead not guilty or no contest, you may want to wait. I do not recommend either of these pleas until you have had an alcohol assessment and recommended treatment, at a minimum. That will be a period of time during which an occupational license would be helpful. If the time to request a hearing on an administrative suspension or refusal has not passed, you should do that immediately. You really should be talking to a local OWI defense lawyer before doing anything more. Sometimes people think that because it isn’t a murder case, a drunk driving case is simple. Nothing could be further from the truth. These cases can be among the most complex a criminal defense lawyer handles. The government is willing to spend an incredible amount of money to convict you though. They will have expert witnesses available for consultation and trial. It is certainly not a do-it-yourself situation, nor a situation where you want someone getting on-the-job training. That you have been charged or that some gizmo says your alcohol level was at a certain level does not mean that you are guilty. It certainly does not mean that you will be proven guilty using competent, valid evidence. Field sobriety “tests” are designed to give police a reason to arrest. You cannot “pass” them. The police will admit that almost a third of healthy young adults who take these tests without any alcohol will be judged to be “under the influence” – and that assumes they are properly administered! After even a first drunk driving conviction, you may face employment discrimination. You will certainly be charged higher for insurance. Having such a conviction will also make you a target for drunk driving arrest in future interactions with police. You will automatically become a suspect. You will want a lawyer who is familiar with field sobriety “tests,” perhaps one who is certified to administer these tests. You will want a lawyer familiar with the weaknesses of the contraptions that are used to report alcohol or drug levels. You want an experienced trial lawyer, used to cross-examining police officers. Police officers are practiced, experienced witnesses. That is, you want an experienced drunk driving defense lawyer, whether you call the offense DUI, OWI, DWI, OUI, or drugged driving. If any answer on helps you, mine or someone else’s, please mark it as "helpful" or "best answer" to help know which answers to show others. Thank you. DISCLAIMER: Confidential information should not be disclosed in this Internet forum. I am an experienced Wisconsin drunk driving (DUI/OWI/DWI) defense lawyer practicing in Madison (Dane County) Wisconsin. The laws in each jurisdiction can be very different. I cannot give legal advice over the Internet nor can I establish an attorney client relationship with you. If something I say disagrees with what your own lawyer is telling you, you should rely on your lawyer who is familiar with you, your entire case, the local courts and practices. To deal with a legal problem, nothing is better than to consult with a lawyer who will give you some time and advice. If you cannot afford an attorney, there should be agencies in your area that can provide discounted, or even free, legal services. This Answer is provided for general educational purposes only. See “more” link below for more important information about this answer and .

If you are eligible, then get it immediately. Then drive only within the prescribed hours and for the purposes allowed. Do NOT drive with ANY alcohol in your system for ANY reason. While you have a case pending, you should behave as though your LIFE depends upon perfect behavior. Once your case is resolved, then evaluate whether you need to get some serious alcohol or substance abuse treatment. This is now the second time you have been arrested for driving while intoxicated. One would hope that the large fine and impact on insurance rates would have given you a wakeup call and stopped you from making the same mistake over again. Driving drunk can be avoided with some simple prior planning. Arrange for a designated driver. Stay overnight where you plan on drinking. Drink at home. Save taxicab fare in a separate pocket from the one holding your drinking money. Have a close friend or relative that you can call at all hours in the event your other plans have failed. Drunk drivers kill a huge number of people every year in Wisconsin. When you drive drunk you put yourself and all the people out on or near the roads in danger. It is NEVER worth the risk. Just don't do it, ever.

You should contact an attorney to discuss where you case is at procedurally as it relates to an administrative suspension or revocation for failing to provide a breath, blood, or urine sample. Also you are exposed to a mandatory minimum jail time if you are convicted of OWI (2nd), so you need to talk to a lawyer immediately to assess what your options are.