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Driver's License Hearings

Let's say you've been pulled over for drunk driving (also known as OWI, for Operating While Intoxicated) in the state of Wisconsin. Some people may consider this a minor charge, especially when compared to more serious crimes, but in fact there are serious legal consequences if you are convicted. Even if you are a responsible driver, it is good to know what to expect in this situation, as police officers do make mistakes and you want your rights to be protected.

If you refuse to submit to a chemical test, or if your BAC (Blood Alcohol Content) is found to be over.08, your license will be taken from you on the spot. At that point, you will have about two weeks to request a driver's license hearing. (In the meantime, you will be issued a temporary driver's license.) If you do not request a hearing, your license will be automatically suspended after a certain period of time.

Let's say you have chosen to request a hearing. This is a good move, as it is your only chance to possibly have the charges dropped, or at least attain an occupational driver's license. An ODL will allow you to continue driving to work, school, and other necessary locations. Without one, you may have great difficulty meeting your life obligations.

There are important things to keep in mind before, during, and after a hearing. Let's review some of them:

1. Speak with an attorney. You may have the perfect defense in mind, but there are likely important details about the law that you do not know about. Even if you are a lawyer yourself, it is difficult to be objective and professional about your own case. A good attorney can offer invaluable legal advice.

2. Be on time for your hearing. Better yet, be a few minutes early. This will show the judge that you are reliable, mature, and serious about protecting your rights. If you miss your hearing entirely, your license may be suspended.

3. Dress appropriately for court. Wearing jeans or sneakers will make you look as if you do not really care about the proceedings. Men should wear suits, while women should wear blouses and skirts, or suits.

4. If you are granted an ODL, be sure to file the necessarily paperwork as soon as you can. Your license will not be handed to you automatically; you will need to fill out certain forms before it will be mailed to you.

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Criminal Law - Guide to Criminal & Penal Law