Can I Still Drive? A Guide to Wisconsin Occupational Licenses

rcoad
• February 11, 2026

If you’ve been arrested for an OWI in Madison, or anywhere in Wisconsin, a potential consequence —besides jail—is likely the loss of your driver’s license. The good news? In Wisconsin, an OWI arrest doesn’t always mean you are unable to drive. Here is what you need to know about keeping your life on track with an Occupational License.

1. The Immediate “10-Day” Catch

As we discussed in our last post, if you provided a sample over .08 or refused a test, the DOT will try to suspend you automatically. This is why the Administrative Hearing, or requesting a refusal hearing, is vital. If we win an administrative review, your regular license stays valid while we handle the court case. And if you even just simply request a refusal hearing on time, your driving privileges remain in tact. That’s right, we routinely keep our clients driving until their court cases conclude (which usually takes months) by timely requesting a refusal hearing within 10 days. So, don’t sleep on these deadlines!

2. What is an Occupational License?

If your license is suspended or revoked, you can apply for an Occupational License. This is a restricted permit that allows you to drive for up to 12 hours a day (and 60 hours a week).

  • Where you can go: Work, school, church, grocery shopping, and medical appointments.
  • The Catch: You must specify your hours and routes. Driving outside of these is a separate criminal offense. But it’s better than not driving at all.

3. Are You Eligible Immediately?

Whether you have to wait to drive depends on your OWI history and how you handled the arrest:

  • First Offense (under .15 BAC): Usually eligible immediately.
  • Refusal to Test: You typically face a 30-day “waiting period” before you can apply if you are convicted of Refusal in your court case. In the meantime, if you timely request a refusal hearing, you can keep driving until your court case concludes.
  • Second or Subsequent Offenses: There is often a 45-day waiting period after your conviction. But during a suspension while your court case is pending, you can immediately get an occupational license. Clear as mud, right? That’s why we can help.

4. The Checklist: What You Need to Apply

To get back on the road, the DOT requires a few specific “hoops” to be jumped through:

  • SR-22 Insurance: You will need high-risk insurance on file with the DOT.
  • The $50 Fee: A non-refundable application fee.
  • Ignition Interlock (IID): If your BAC was .15 or higher, or if this is a repeat offense, you must have an IID installed before you can get the occupational.

Don’t navigate your OWI charge alone. An experienced Madison OWI lawyer can help ensure all of your rights are protected. If you’ve been arrested in Madison, Dane County, or the surrounding area, call Rick Coad at 608-661-8080 to discuss how we can keep you on the road and your life on track.