As an occupational license holder, being pulled over by the police can be incredibly stressful, but remaining calm and taking the appropriate actions can help achieve a better outcome from this interaction.

Tips for When You're Pulled Over by the Police:

  • Stay present in the moment: Remind yourself that you don't know why you've been stopped, and you haven't been charged with anything.
  • Remain focused: Focus on what is happening now in case you need to describe it to a lawyer later. Take some deep breaths and use any breathing techniques you may know to manage your anxiety.
  • When the officer requests your license, registration, and insurance documentation, respond with "Yes, here you go, officer," and supply them.
  • When the officer asks if you know why they pulled you over, tell them no. Even if you suspect a particular reason, you don't know the officer's intentions, so you can't be sure. This also prevents you from incriminating yourself.
  • Know your rights: Be polite, but know that you have the right to remain silent, such as when asked a question that could lead you to incriminate yourself, the right to refuse field sobriety tests, and that police are required to inform you of your rights if you are taken into custody.
  • If you are being charged with another OWI and offered a chemical test, you are obligated to take one due to Wisconsin's Implied Consent law if probable cause has been established. However, you do have the right to request an alternative test that they’re obligated to administer at their own expense. You also have the right to request that a qualified person of your own conducts a test after taking the one the officer give. However, it can’t count in court.
  • You could be cited for Operating After Suspension or Revocation if you are driving outside the times of day or purposes allowed by your occupational license. In addition to fines and jail time, driving on a suspended license can result in an even longer suspension period—a penalty that can make it difficult to stay employed, obtain and keep insurance, and live the lifestyle that you want. 
  • If you are charged during a traffic stop while driving with an occupational license, seek experienced legal help. Attorney Stangl has a proven track record of defending and winning OWI cases spanning decades, and offers a free, 10-minute consultation. Call (608) 831-9200 to get in touch with him.

Read on for more details to keep in mind so you can be prepared if this happens to you.

Know The Limits of Your Occupational License

If you are found to be violating the limitations of your occupational license, you can be cited for operating after suspension or revocation.

According to the Wisconsin Department of Transportation, occupational licenses for those convicted of an OWI have three types of restrictions:

  1.  How many hours you can drive
  2. Where you may drive
  3. What activities are appropriate reasons to drive

Hours Restrictions

Occupational license holders may drive a maximum of 12 hours per day and 60 hours per week, within the hours listed on your occupational license.

In other words, you may only drive during the times of day listed on your license, and the total hours of driving time must not exceed the amount above.

Listed Hours Exception for Emergency Service Workers

If your work involves providing essential life-sustaining emergency services to the public and one of the following applies to you, you might be eligible for an exception to the listed hours limitation. 

  • Employed by a unit of government
  • Providing services to a unit of government
  • Employed by a public utility or medical services provider

When this applies, emergency service workers may operate outside hours limits if

  • They are actively "providing life-sustaining services during an emergency"
  • Are only driving to and from home and the emergency site
  • Limit total driving hours (emergency and non-emergency) remains within the 12 hours a day, 60 hours a week limits.     

Area Restrictions

You may only drive in specific counties of Wisconsin where you need to drive and other states where you need to drive (assuming those states allow you to drive with a Wisconsin occupational license).

Activity Restrictions

  • To and from work (unless your work involves driving a commercial vehicle)
  • To and from school, college, university
  • To and from places that help you carry out necessary household duties or "homemaker duties" such as the grocery store, gas station, pharmacy, day care, school, bank, laundromat, child visitation
  • To and from a place of worship
  • To and from places that meet necessary family needs (e.g. medical appointments)
  • To the agency where you are completing your Intoxicated Driver Program (IDP) assessment and Driver Safety Plan (DSP)
                      

Explicitly Forbidden Driving Activities

The following are NOT considered appropriate reasons to drive to with an occupational license:

  • Recreational activities
  • Visiting family or friends
  • Operating a commercial vehicle (CDL)

Operating outside these limits could cause you to be cited with Operating After Suspension or Revocation.

The Difference Between a Suspended and a Revoked Driver's License

In Wisconsin, a license suspension is a temporary loss of your license, generally for less than a year. A license revocation, on the other hand, is a permanent loss of your license. 

Penalties for Driving on a Suspended or Revoked Driver's License

Penalties vary depending on the reason for your license loss, whether it is suspended or revoked, and county.

If your license is suspended administratively for a civil offense, the penalty is often a civil offense with a small fine.

If your license has been revoked due to a OWI conviction, you've been pulled over with an occupational license, and are not following the restrictions, this could be a class A misdemeanor criminal offense. You could face:

  • A fine of up to $2,500
  • Up to one year in county jail

However, with proper legal representation, you may be able to get this amended to a civil offense with a forfeiture.

In Trouble After Getting Pulled Over? Get Experienced Legal Help Right Away

If your traffic stop leads to an arrest or criminal charges, contact a qualified criminal defense attorney right away. By exploring the details of your experience, together we may discover important information that can be used to help in your defense.

FREE 10-Minute Consultation

With over 30 years of experience fighting to protect the rights of the innocent across Wisconsin, especially in OWI cases, Madison Criminal Defense Attorney Pat Stangl is pleased to offer you a Free 10-minute consultation at no obligation to discuss the details of your case and explore options for your defense. Click the link below to get started today.

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