What Should You Do When You Receive a Notice of Intent to Suspend?
In Wisconsin, it is unlawful to operate a vehicle under the influence of alcohol or drugs. If law enforcement catches you driving drunk, one of the immediate and notable repercussions is the potential loss of your driver’s license.
When you’re stopped under suspicion of Operating While Intoxicated (OWI), you will likely be asked to take a chemical test. If the results of this test are 0.08 blood alcohol concentration (BAC) or greater, you might be given a Notice of Intent to Suspend Operating Privilege (Form MV 3519).
If your license is at risk of suspension, you may have the opportunity to oppose the measure, but you must act quickly. A skilled DUI/OWI defense attorney can help.
What Is a Notice of Intent to Suspend?
A Notice of Intent to Suspend Operating Privilege is a formal document notifying you that your license will be suspended in 30 days. This suspension can last no more than six months.
If you are issued a Notice of Intent to Suspend, you are eligible to apply for an occupational permit to ensure you can still work -- provided that you are not a habitual traffic offender and have received two or fewer OWI violations within the past year.
You may receive this notice immediately if you’re stopped by law enforcement and chemical testing results show that you’re over the legal limit. If you have a blood test done, the notice is usually mailed to you when the police receive the results of your blood sample. This administrative procedure is separate from your OWI court case.
What Do I Do if I Receive a Notice of Intent to Suspend?
Once you receive a Notice of Intent to Suspend, the clock starts ticking.
You have a limited timeframe during which you can file an Administrative Review Request (Form MV 3530) to challenge the impending suspension. This hearing will determine whether the officer who stopped you met all statutory requirements.
If you receive your notice immediately, you have 10 days to file your request. If the request is mailed to you, you’ll have 13 days. All hearings must be held within 30 days of the date listed on the notice — otherwise, the suspension will go into effect after these 30 days.
Because your only recourse is to request this hearing, there’s nothing you can do once the initial 10-day time limit has passed. So, don’t delay if you’ve received this notice.
If you receive a Notice of Intent to Suspend, it’s crucial that you contact an attorney who specializes in defending individuals accused of drunk driving. A DUI/OWI attorney can represent you at the hearing and help you fight the suspension.
Protecting Your Right to Drive
You aren’t legally required to have representation at your hearing, but given the complexities of drunk driving defense and the life-altering consequences of an OWI conviction, it is in your best interest to consult with an attorney. Andrew Mishlove and Lauren Stuckert of Mishlove and Stuckert, LLC have dedicated themselves to defending the rights of those accused of impaired driving. Our OWI defense team has extensive experience handling administrative hearings and will fight for your right to drive.
If you’ve received a Notice of Intent to Suspend Operating Privilege, consult the NCDD board-certified drunk driving defense attorneys at Mishlove and Stuckert, LLC.
