A Wisconsin OWI conviction means license revocation. For most people, losing the ability to drive — to get to work, pick up children, keep appointments — is one of the most immediately devastating consequences. Wisconsin’s occupational license program exists to address exactly this problem.
What Is an Occupational License?
An occupational license (sometimes called a hardship license) allows a person whose license has been revoked or suspended to drive during limited hours for essential purposes: work, school, medical appointments, and necessary household activities. It is not a full license — it comes with restrictions on when and where you can drive.
Eligibility
Eligibility depends on the circumstances of your OWI and your driving history. For a first OWI conviction there is no waiting period at all: Wis. Stat. § 343.30(1q)(b)2. makes you eligible for an occupational license at any time during the revocation. The waiting periods people have heard about attach elsewhere — 30 days where the revocation is for refusing the chemical test under § 343.305(10), and 45 days on a second offense. For subsequent offenses or more serious circumstances, the waiting period is longer and requirements are more stringent.
If an ignition interlock device (IID) is required as part of your OWI penalty, the occupational license will require the IID on any vehicle you drive.
The Application Process
You apply for an occupational license through the Wisconsin DMV. The application requires proof of SR-22 insurance (a certificate from your insurer confirming you carry the required coverage). Your attorney can help ensure the application is complete and accurate, avoiding delays.
Restrictions
An occupational license typically limits you to no more than 12 hours of driving per day and 60 hours per week. You must carry the occupational license and be able to show it to law enforcement at any stop. Violating the restrictions is a separate criminal offense.
Attorney Christopher Carson handles OWI defense and license restoration throughout Waukesha and Milwaukee counties. Call (262) 860-8932.
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About the author. Christopher S. Carson, J.D., M.A., has practiced law in Milwaukee for 34 years. He holds an M.A. in International Security Studies from Georgetown University, where he was the Bradley Fellow, was formerly with the American Enterprise Institute, and is a contributing editor at the New English Review. Read the full biography.
More on this: Criminal defense practice at Carson Law Office · Schedule a free consultation · (262) 860-8932
Related reading: Field Sobriety Tests in Wisconsin: What They Measure and Whether You Can Refuse · OWI vs. PAC in Wisconsin: Why You’re Charged With Two Things at Once · Second-Offense OWI in Wisconsin: When a Ticket Becomes a Crime
This article is general information about Wisconsin law, not legal advice about your situation, and reading it does not create an attorney-client relationship.