The scale adopted by the secretary may not assess any demerit points for modifying the height of a vehicle in violation of s. 347.455
Except as provided in subd. 2.
, in order for the secretary to suspend an operating privilege under this subsection, the operator must have accumulated 12 demerit points in any 12-month period.
The secretary shall suspend, for a period of 6 months, the operating privilege of any person who holds a probationary license issued on or after September 1, 2000, and who has accumulated 12 demerit points in any 12-month period.
When an operator accumulates more than 6 demerit points or has been involved in 2 or more accidents in a one-year period where the accident report indicates that the person may have been causally negligent, the secretary may require the operator to report to an examining station for driver improvement counseling, consisting of either group or individual counseling, reexamination or both.
The secretary may require any person who has had his or her operating privilege suspended or revoked, whether the suspension or revocation is the result of action under this section or s. 343.30
, or conviction for an offense which requires mandatory revocation under s. 343.31
to participate in driver improvement counseling, consisting of either group or individual counseling, reexamination or both.
A reexamination required under par. (d)
may consist of all or part of the tests specified in s. 343.16 (2) (b)
, or any other special examination as required under s. 343.16 (5)
. Upon conclusion of the counseling, interview and examination, the secretary shall take action as authorized at the conclusion of other examinations under s. 343.16 (6) (a)
Except as provided in sub. (1m)
, a revocation or suspension under this section may be for any period not exceeding one year unless a different period is specifically prescribed by law.
In adopting rules for weighing traffic convictions by their seriousness under sub. (2)
, the secretary shall provide by rule for a reduction of up to 3 points if a person shows to the department satisfactory evidence of completion of a rider course approved by the secretary. This subsection applies only to demerit points relating to violations committed before completion of the rider course by a person while driving or operating a Type 1 motorcycle.
In adopting rules for weighing traffic convictions by their seriousness under sub. (2)
, the secretary also may provide by rule for a reduction of points if a person shows to the department satisfactory evidence of completion of a course of instruction in traffic safety, defensive driving or similar course or driver improvement counseling approved by the secretary.
There shall be no minimum waiting period before issuance of an occupational license under s. 343.10
to a person whose operating privilege has been suspended under sub. (2)
if the person is otherwise eligible for issuance of an occupational license.
History: 1971 c. 42
; 1973 c. 90
; 1977 c. 29
s. 1654 (7) (a)
, (c); 1977 c. 273
; 1979 c. 221
; 1981 c. 31
; 1987 a. 24
; 1989 a. 22
; 1991 a. 26
; 1993 a. 16
; 1995 a. 113
; 1997 a. 84
; 1999 a. 9
; 2005 a. 106
; 2009 a. 8
; 2011 a. 256
; 2013 a. 151
See also ch. Trans 101
, Wis. adm. code.
Courts to report appeals; when appeal stays suspension, revocation or disqualification. 343.325(1)
If a person files a notice of appeal from a conviction the clerk of the court in which such conviction occurred, or the judge of a court not having a clerk, shall:
Promptly forward to the department a certificate stating that such appeal has been taken; and
If the appeal is subsequently dropped, promptly certify such fact to the department; and
Upon determination of the appeal by the appellate court, promptly certify such decision to the department.
Notwithstanding ss. 343.31
and except as otherwise provided in sub. (4)
, the secretary shall not suspend or revoke a person's operating privilege or disqualify a person from operating a commercial motor vehicle on the basis of a conviction if the secretary receives from the court in which the conviction occurred a certificate stating that an appeal from the conviction has been taken. If the secretary receives such certificate after suspension or revocation of the operating privilege, the operating privilege shall be reinstated without requiring compliance with s. 343.38
. If the secretary receives the certificate after suspension of the operating privilege or disqualification, the operating privilege or authorization to operate a commercial motor vehicle shall be reinstated automatically.
Whenever suspension or revocation of an operating privilege or a disqualification has been withheld as provided in sub. (2)
and the department receives notice that the conviction in question has been affirmed on appeal or that the appeal has been dropped, the secretary shall suspend or revoke such operating privilege or disqualify the person from operating a commercial motor vehicle on the same basis as if the appeal had not been taken, but the period of suspension, revocation or disqualification shall run from the date of suspension, revocation or disqualification following the affirmance of the conviction or dropping of the appeal, less any time the operating privilege had been suspended or revoked or the authorization to operate a commercial motor vehicle had been disqualified prior to the receipt by the secretary of the certificate under sub. (2)
Whenever the suspension or revocation of an operating privilege or a disqualification has been rescinded or withheld because of administrative action, an appeal, or a court order to reopen, stay or vacate a conviction, suspension, revocation or disqualification, and that suspension, revocation or disqualification is subsequently reimposed, the period of suspension, revocation or disqualification so reimposed shall be reduced by the period of suspension, revocation or disqualification previously served.
If a person whose suspension, revocation or disqualification was stayed pursuant to sub. (2)
is convicted of an offense for which revocation or disqualification is mandatory under s. 343.31
, during the pendency of the appeal of the original conviction, the secretary shall forthwith revoke such person's operating privilege or disqualify the person from operating a commercial motor vehicle on account of the latter conviction, notwithstanding the appeal of either or both convictions.
This section shall not prevent suspension or revocation of an operating privilege or a disqualification if there are grounds for suspension, revocation or disqualification other than the conviction in question.
If a court enters an order reopening, vacating or staying a conviction or a suspension or revocation of an operating privilege or a disqualification, the court shall promptly forward a copy of that order to the department.
If there is subsequent court action affecting the order to reopen, vacate or stay, the court shall promptly notify the department of that action.
The department, upon receipt of an order under sub. (6)
, shall proceed under this section as if an appeal had been taken.
History: 1971 c. 278
; 1977 c. 29
s. 1654 (7) (a)
, (c); 1977 c. 273
; Sup. Ct. Order, 146 Wis. 2d xiii (1988); 1989 a. 7
; 1995 a. 113
Hearing on suspensions and revocations. 343.33(1)(1)
Whenever the department under authority of s. 343.32
revokes or suspends a person's operating privilege, the department shall immediately notify such person thereof in writing and upon his or her request shall afford him or her an opportunity for a hearing on the revocation or suspension unless the department is satisfied from the records and information in its possession that a hearing is not warranted. If the department is not so satisfied and the person requests a hearing, the department shall hold a hearing as soon as practicable and in any event within 20 days after receipt of the request therefor. If the person requesting the hearing is a resident of this state, the department shall fix the place of the hearing as close as practicable to the applicant's residence and in no event shall it be set for a place not in the county of the applicant's residence or a county contiguous thereto without the consent of the applicant. If the applicant is a nonresident, the department shall determine the place of the hearing. Any person who fails without cause to appear at the time and place specified in the notice served on him or her forfeits the right to a hearing.
Upon the hearing, the department or its hearing examiner may administer oaths, issue subpoenas for the attendance of witnesses and the production of relevant books and papers and may require a reexamination of the licensee. No law enforcement officer or other witness produced by the person who has requested a hearing to testify on his or her behalf shall be paid a witness fee by the department nor shall any law enforcement officer called to appear for the department be paid any witness fee. All testimony shall be taken and transcribed.
Upon completion of the hearing, the department shall make findings of fact and shall either let the order of suspension or revocation stand or, upon good cause appearing therefor, rescind the order or modify the period of suspension or revocation.
Suspension of licenses.
The secretary may suspend operating privileges under this section under the following circumstances:
Whenever the secretary is satisfied that a person has violated a restriction on the license and that it is in the interests of public safety to suspend the license, the secretary shall suspend such license for a period not exceeding one year unless the violation is cause for revocation.
Restriction, limitation or suspension of operating privilege.
The department shall restrict, limit or suspend a person's operating privilege if the person is delinquent in making court-ordered payments of child or family support, maintenance, birth expenses, medical expenses or other expenses related to the support of a child or former spouse, or who fails to comply, after appropriate notice, with a subpoena or warrant issued by the department of children and families or a county child support agency under s. 59.53 (5)
and related to paternity or child support proceedings, as provided in a memorandum of understanding entered into under s. 49.857
History: 1997 a. 191
; 2007 a. 20
Surrender of licenses upon cancellation, revocation or suspension. 343.35(1)
The department may order any person whose operating privilege has been canceled, revoked or suspended to surrender his or her license or licenses to the department. The department may order any person who is in possession of a canceled, revoked or suspended license of another to surrender the license to the department.
Any person who fails to surrender a license as required by this section may be required to forfeit not more than $100.
The secretary or an appointed agent may take possession of any license required to be surrendered to the department or may direct any traffic officer to take possession thereof and return it to the department.
Department to distribute suspension, revocation and disqualification lists and nonresidents' records of conviction. 343.36(2)
Once each month, the department shall compile a list of the names and addresses of all residents of this state whose operating privileges were revoked or suspended or who were disqualified under s. 343.315
during the preceding month and the periods of those revocations, suspensions and disqualifications and, upon request, shall forward the list to the sheriff of each county, to the chief of police or the constable, respectively, of each city, village and town and to all county traffic officers.
Upon receiving a record of conviction showing that a nonresident operator of a motor vehicle has been convicted in this state of an offense which is grounds for revocation, suspension or disqualification under the laws of this state, the department shall forward a certified copy of such record to the motor vehicle administrator in the state wherein the person so convicted is a resident.
No operation under foreign license during revocation or suspension. 343.37(1)
An operator's license or permit issued by another jurisdiction does not authorize a resident of this state whose operating privilege has been revoked or suspended pursuant to the laws of this state to operate a motor vehicle in this state until that person has obtained a new license when and as provided in this chapter. This subsection applies to a resident of this state even though that person was a nonresident at the time that person's operating privilege was revoked or suspended.
Notwithstanding the privilege conferred on nonresidents by s. 343.05 (4) (b) 1.
, a nonresident whose operating privilege has been revoked or suspended pursuant to the laws of this state is not authorized to operate a motor vehicle in this state under an operator's license or permit issued by another jurisdiction until the nonresident's operating privilege in this state has been reinstated pursuant to the laws of this state. This subsection applies to a nonresident even though the nonresident was a resident of this state at the time the nonresident's operating privilege was revoked or suspended. This section does not limit the operating privilege granted to nonresidents by s. 343.05 (2) (a) 2.
History: 1989 a. 105
; 1991 a. 316
Reinstatement after revocation, suspension, cancellation, or disqualification. 343.38(1)
Reinstatement after revocation.
Except as provided in ss. 343.10
, and 351.07
, the department shall not reinstate the operating privilege of a person whose operating privilege has been duly revoked unless the period of revocation has expired and the person:
Pays to the department all required fees; and
If the secretary so prescribes, passes an examination including the tests specified in s. 343.16
or such parts thereof as the secretary may require; and
Except as provided in subd. 2.
, files and maintains with the department proof of financial responsibility in the amount, form and manner specified in ch. 344
. This subdivision does not apply after 3 years have elapsed since the expiration of the period of revocation.
No proof under subd. 1.
shall be required for any of the following:
A vehicle owned by or leased to the United States, this state or any county or municipality of this state.
Reinstatement of an operating privilege revoked under s. 343.31 (1) (b)
if, within the 5-year period preceding the violation, the person has not been convicted of a prior offense that may be counted under s. 343.307 (2)
and if, within the 10-year period preceding the violation, the person has not been convicted of 2 or more prior offenses that may be counted under s. 343.307 (2)
(2) Reinstatement of nonresident's operating privilege.
A nonresident's operating privilege revoked or suspended under the laws of this state is reinstated as a matter of law when the period of revocation or suspension has expired and the nonresident pays the fees specified in s. 343.21 (1) (j)
, if applicable, and (n).
(3) Reinstatement after suspension.
Except as provided in sub. (2)
and s. 343.10
, the department shall not reinstate the operating privilege of a person whose operating privilege has been duly suspended while the suspension remains in effect. Subject to s. 343.31 (2t) (b)
, upon the expiration of the period of suspension, the person's operating privilege is reinstated upon receipt by the department of the fees specified in s. 343.21 (1) (j)
and, for reinstatement of an operating privilege suspended under ch. 344
, the filing with the department of proof of financial responsibility, if required, in the amount, form, and manner specified under ch. 344
(3g) Reinstatement after certain cancellations. 343.38(3g)(a)(a)
The department may reinstate the operator's license of a person whose operator's license has been duly canceled under s. 343.25 (2)
if the person pays the fees specified in s. 343.21 (1) (m)
and either the person is at least 18 years of age or the requirements specified in s. 343.15
The department may reinstate the operator's license or identification card of a person whose operator's license or identification card has been duly canceled because of the person's nonpayment of a fee if the person pays that fee, pays any fee required by the department under s. 20.905 (2)
, and pays the fees specified in s. 343.21 (1) (m)
(3r) Reinstatement of commercial driving privileges following disqualification. 343.38(3r)(a)(a)
Except as provided in pars. (b)
, upon application for reinstatement after a person's disqualification by the department, the department may issue a commercial driver license to the person if the person has paid the fees required under s. 343.21 (1) (jm)
, taken any examination required by the department under s. 343.16
, and satisfied any other requirement under this chapter for reinstatement.
Any disqualification under s. 343.315 (2) (g)
terminates at the beginning of the 25th hour following issuance of the citation specified in s. 343.315 (2) (g)
. If a person has been disqualified solely on the basis of s. 343.315 (2) (g)
, the person's authorization to operate a commercial motor vehicle is automatically reinstated upon termination of the disqualification, as provided in this paragraph, and no application or fee is required for reinstatement.
If a person is authorized to operate a commercial motor vehicle under s. 343.055
, the person's authorization to operate a commercial motor vehicle may be reinstated without issuance of a commercial driver license to the person.
(4) First issuance of license in Wisconsin after suspension or revocation by another state.
The department may issue an operator's license to a person moving to this state whose operating privileges have been previously suspended or revoked in another state when their operating privilege has been reinstated in that state and the following conditions have been met:
When the period of suspension or revocation required by law for conviction for the same traffic violation in this state has terminated.
Acceptable proof of financial responsibility has been filed.
Application for a Wisconsin operator's license has been made.
The fees required for the issuance of an original license have been paid.
(5) Restrictions on license.
If a court has ordered that the person's operating privilege be restricted for a period of time after the revocation period is completed to operating vehicles equipped with an ignition interlock device, the license issued under this section shall include that restriction.
When operating privilege automatically reinstated. 343.39(1)(1)
An operating privilege is automatically reinstated under any of the following circumstances:
When, in the case of a revocation, suspension, or disqualification based on a conviction, the conviction is reversed, set aside or vacated. This paragraph applies whether or not the conviction occurred in this state and whether or not the conviction was cause for revocation, suspension, or disqualification only when considered in connection with the person's entire operating record.
Whenever any other provision of law provides for automatic reinstatement.
Whenever a person's operating privilege is automatically reinstated, the department shall forthwith notify such person thereof. If the person's license is expired, the person may renew the license at the standard renewal fee at any time after the reinstatement of the person's operating privilege. If the person states to the department that he or she no longer possesses the license because the license was surrendered to a court, and the person has satisfied all requirements under sub. (1)
, the department shall issue a new license without any additional fee for the license.
Reinstatement under sub. (1) (b) is not retroactive to the date of conviction. State v. Orethun, 84 Wis. 2d 487
, 267 N.W.2d 318
Judicial review of suspension, revocation, cancellation or denial of license.
The denial or cancellation of a license or the revocation or suspension of an operating privilege is subject to judicial review in the manner provided in ch. 227
for the review of administrative decisions.