343.31(3m)(b)
(b) Any person who has his or her operating privilege revoked under
sub. (3) (e) is eligible for an occupational license under
s. 343.10 after the first 60 days of the revocation period, except that if the total number of convictions, suspensions, or revocations for any offense that is counted under
s. 343.307 (1) within any 5-year period equals 2 or more, the person is eligible for an occupational license under
s. 343.10 after one year of the revocation period has elapsed.
343.31 History
History: 1971 c. 219;
1975 c. 297;
1977 c. 29 s.
1654 (7) (a), (e);
1977 c. 193,
447;
1979 c. 221;
1981 c. 20,
70;
1983 a. 192 s.
304;
1983 a. 459;
1985 a. 80,
82;
1985 a. 293 s.
3;
1987 a. 3,
399;
1989 a. 31,
105;
1991 a. 39,
277,
316;
1993 a. 317;
1995 a. 269,
425,
448;
1997 a. 84,
237,
258,
295;
1999 a. 109,
143;
2001 a. 16,
38,
109;
2003 a. 30,
97,
200;
2005 a. 387.
343.31 Annotation
The court cannot waive the revocation ordered by the division of motor vehicles. 62 Atty. Gen. 31.
343.31 Annotation
When a person is charged under with a second offense OWI, the charge may not be reduced to or punished as a first. The department must treat this as a second offense for purposes of revocation. 69 Atty. Gen. 47.
343.315
343.315
Commercial motor vehicle disqualifications; effects. 343.315(1)(1)
Employer responsibility. An employer may not allow, permit or authorize a driver who is disqualified to operate a commercial motor vehicle during a period of disqualification after March 31, 1992. An employer who knowingly violates this subsection shall be fined not more than $5,000 or imprisoned for not more than 90 days or both. An employer who negligently violates this subsection shall forfeit not more than $2,500.
343.315(2)(a)(a) Except as provided in
par. (b), a person shall be disqualified from operating a commercial motor vehicle for a one-year period upon a first conviction of any of the following offenses, committed on or after July 1, 1987, while driving or operating a commercial motor vehicle or committed on or after September 30, 2005, while driving or operating any motor vehicle:
343.315(2)(a)1.
1. Section 346.63 (1) (a) or a local ordinance in conformity therewith or a law of a federally recognized American Indian tribe or band in this state in conformity with
s. 346.63 (1) (a) or the law of another jurisdiction prohibiting driving or operating a motor vehicle while intoxicated or under the influence of alcohol, a controlled substance, a controlled substance analog or a combination thereof, or under the influence of any drug which renders the person incapable of safely driving, as those or substantially similar terms are used in that jurisdiction's laws.
343.315(2)(a)1m.
1m. Section 346.63 (1) (am) or a local ordinance in conformity therewith or a law of a federally recognized American Indian tribe or band in this state in conformity with
s. 346.63 (1) (am) or the law of another jurisdiction that prohibits a person from driving or operating a commercial motor vehicle while having a detectable amount of a restricted controlled substance in his or her blood, as those or substantially similar terms are used in that jurisdiction's laws.
343.315(2)(a)2.
2. Section 346.63 (1) (b) or
(5) (a) or a local ordinance in conformity therewith or a law of a federally recognized American Indian tribe or band in this state in conformity with
s. 346.63 (1) (b) or
(5) (a) or the law of another jurisdiction prohibiting driving or operating a commercial motor vehicle while the person's alcohol concentration is 0.04 or more or with an excess or specified range of alcohol concentration, as those or substantially similar terms are used in that jurisdiction's laws.
343.315(2)(a)3.
3. Section 346.67 (1),
346.68 or
346.69 or a local ordinance in conformity therewith or a law of a federally recognized American Indian tribe or band in this state in conformity with
s. 346.67 (1),
346.68 or
346.69 or the law of another jurisdiction prohibiting leaving the scene of an accident involving a motor vehicle driven or operated by the person, as those or substantially similar terms are used in that jurisdiction's laws.
343.315(2)(a)4.
4. Using a motor vehicle in the commission of a felony in this state, including a violation of a law of a federally recognized American Indian tribe or band in this state for an offense therein which, if the person had been convicted of the offense under the laws of this state, would have constituted a felony, or in another jurisdiction.
343.315(2)(a)5.
5. Section 343.305 (9) or a local ordinance in conformity therewith or a law of a federally recognized American Indian tribe or band in this state in conformity with
s. 343.305 (9) or the law of another jurisdiction prohibiting refusal of a person driving or operating a motor vehicle to submit to chemical testing to determine the person's alcohol concentration or intoxication or the amount of a restricted controlled substance in the person's blood, as those or substantially similar terms are used in that jurisdiction's laws.
343.315(2)(a)6.
6. Section 346.63 (2) or
(6),
940.09 (1) or
940.25 or a law of a federally recognized American Indian tribe or band in this state in conformity with
s. 346.63 (2) or
(6),
940.09 (1) or
940.25, or the law of another jurisdiction prohibiting causing or inflicting injury, great bodily harm or death through use of a motor vehicle while intoxicated or under the influence of alcohol, a controlled substance, a controlled substance analog or a combination thereof, or with an alcohol concentration of 0.04 or more or with an excess or specified range of alcohol concentration, while under the influence of any drug to a degree that renders the person incapable of safely driving, or while having a detectable amount of a restricted controlled substance in the person's blood, as those or substantially similar terms are used in that jurisdiction's laws.
343.315(2)(a)7.
7. Operating a commercial motor vehicle when the person's commercial driver license is revoked, suspended, or canceled based on the person's operation of a commercial motor vehicle or when the person is disqualified from operating a commercial motor vehicle.
343.315(2)(a)8.
8. Causing a fatality through negligent or criminal operation of a commercial motor vehicle.
343.315(2)(b)
(b) If any of the violations listed in
par. (a) occurred in the course of transporting hazardous materials requiring placarding or any quantity of a material listed as a select agent or toxin under
42 CFR 73 on or after July 1, 1987, the person shall be disqualified from operating a commercial motor vehicle for a 3-year period.
343.315(2)(c)
(c) A person shall be disqualified for life from operating a commercial motor vehicle if convicted of 2 or more violations of any of the offenses listed in
par. (a), or any combination of those offenses, arising from 2 or more separate incidents. The department shall consider only offenses committed on or after July 1, 1987, in applying this paragraph.
343.315(2)(d)
(d) The department may, by rule, establish guidelines and conditions under which a disqualification for life under
par. (c) may be reduced to a period of not less than 10 years. The rules shall include standards for a rehabilitation program to be successfully completed by the applicant for reinstatement. If a person is reinstated after successful completion of the rehabilitation program and is subsequently convicted of any offense listed in
par. (a), the person shall be permanently disqualified for life and ineligible to apply for a reduction of the lifetime disqualification under this paragraph.
343.315(2)(e)
(e) A person is disqualified for life from operating a commercial motor vehicle if the person uses a commercial motor vehicle on or after July 1, 1987, or uses any motor vehicle on or after September 30, 2005, in the commission of a felony involving the manufacture, distribution, delivery or dispensing of a controlled substance or controlled substance analog, or possession with intent to manufacture, distribute, deliver or dispense a controlled substance or controlled substance analog. No person who is disqualified under this paragraph is eligible for reinstatement under
par. (d).
343.315(2)(f)
(f) A person is disqualified for a period of 60 days from operating a commercial motor vehicle if convicted of 2 serious traffic violations, and 120 days if convicted of 3 serious traffic violations, arising from separate occurrences committed within a 3-year period while driving or operating a commercial motor vehicle or while driving or operating any motor vehicle if the person holds a commercial driver license. The 120-day period of disqualification under this paragraph shall be in addition to any other period of disqualification imposed under this paragraph. In this paragraph, "serious traffic violations" means any of the following offenses committed while operating a commercial motor vehicle, or any of the following offenses committed while operating any motor vehicle if the offense results in the revocation, cancellation, or suspension of the person's operator's license or operating privilege:
343.315(2)(f)1.
1. Violating
s. 346.57 (4) or a local ordinance in conformity therewith or a law of a federally recognized American Indian tribe or band in this state in conformity with
s. 346.57 (4) by excessive speeding, or the law of another jurisdiction prohibiting excessive speeding by exceeding the posted speed limit by 15 or more miles per hour as those or substantially similar terms are used in that jurisdiction's law.
343.315(2)(f)2.
2. Violating any state or local law of this state or any law of a federally recognized American Indian tribe or band in this state in conformity with any state law or any law of another jurisdiction relating to motor vehicle traffic control, arising in connection with a fatal accident, other than parking, vehicle weight or vehicle defect violations, or violations described in
par. (a) 8.
343.315(2)(f)3.
3. Violating
s. 346.62 or a local ordinance in conformity therewith or a law of a federally recognized American Indian tribe or band in this state in conformity with
s. 346.62 or the law of another jurisdiction prohibiting reckless or careless driving of a motor vehicle or driving or operating a motor vehicle with willful or wanton disregard for the safety of persons or property, as those or substantially similar terms are used in that jurisdiction's law.
343.315(2)(f)4.
4. Violating
s. 346.07 (2),
346.08,
346.09,
346.10,
346.13,
346.24 (3) or
346.34 (1) (a) 3. or a local ordinance in conformity therewith or a law of a federally recognized American Indian tribe or band in this state in conformity with
s. 346.07 (2),
346.08,
346.09,
346.10,
346.13,
346.24 (3) or
346.34 (1) (a) 3. or the law of another jurisdiction prohibiting improper or erratic lane changes or improper passing, or otherwise prohibiting the conduct described in sections 11-304 to 306 and 11-309 of the uniform vehicle code and model traffic ordinance (1987), as those or substantially similar terms are used in that jurisdiction's law.
343.315(2)(f)5.
5. Violating
s. 346.14 or a local ordinance in conformity therewith or a law of a federally recognized American Indian tribe or band in this state in conformity with
s. 346.14 or the law of another jurisdiction prohibiting following a vehicle too closely, or otherwise prohibiting the conduct described in section 11-310 of the uniform vehicle code and model traffic ordinance (1987), as those or substantially similar terms are used in that jurisdiction's law.
343.315(2)(f)6.
6. Operating a commercial motor vehicle when the person has not obtained a commercial driver license.
343.315(2)(f)7.
7. Operating a commercial motor vehicle when the person does not have in his or her immediate possession the person's commercial driver license document, including any special restrictions cards issued under
s. 343.10 (7) (d) or
343.17 (4), unless the person produces in court or in the office of the law enforcement officer that issued the citation, by the date that the person must appear in court or pay any fine or forfeiture with respect to the citation, a commercial driver license document issued to the person prior to the date of the citation and valid at the time of the citation.
343.315(2)(f)8.
8. Operating a commercial motor vehicle without the proper class of commercial driver license or endorsements for the specific vehicle group being operated or for the passengers or type of cargo being transported.
343.315(2)(fm)
(fm) A person is disqualified for a period of 60 days from operating a commercial motor vehicle if convicted of violating
s. 343.14 (5) or
345.17, if the violation relates to an application for a commercial driver license.
343.315(2)(g)
(g) A person is disqualified from operating a commercial motor vehicle for the 24-hour period following issuance of a citation for violation of
s. 346.63 (7) or a local ordinance in conformity therewith or a law of a federally recognized American Indian tribe or band in this state in conformity with
s. 346.63 (7) or issuance of an out-of-service order for violating
49 CFR 392.5 or the law of another jurisdiction in substantial conformity therewith.
343.315(2)(h)
(h) Except as provided in
par. (i), a person is disqualified for a period of 90 days from operating a commercial motor vehicle if convicted of an out-of-service violation, or one year if convicted of 2 out-of-service violations, or 3 years if convicted of 3 or more out-of-service violations, arising from separate occurrences committed within a 10-year period while driving or operating a commercial motor vehicle. A disqualification under this paragraph shall be in addition to any penalty imposed under
s. 343.44. In this paragraph, "out-of-service violation" means violating
s. 343.44 (1) (c) by operating a commercial motor vehicle while the operator or vehicle is ordered out-of-service under state or federal law.
343.315(2)(i)
(i) If the violation listed in
par. (h) occurred in the course of transporting hazardous materials requiring placarding or any quantity of a material listed as a select agent or toxin under 42 CR 73, or while operating a vehicle designed to carry, or actually carrying, 16 or more passengers, including the driver, the person shall be disqualified from operating a commercial motor vehicle for 180 days upon a first conviction, or for a 3-year period for a 2nd or subsequent conviction, arising from separate occurrences committed within a 10-year period while driving or operating a commercial motor vehicle. A disqualification under this paragraph shall be in addition to any penalty imposed under
s. 343.44.
343.315(2)(j)
(j) A person is disqualified for a period of 60 days from operating a commercial motor vehicle if convicted of a railroad crossing violation, or 120 days if convicted of 2 railroad crossing violations or one year if convicted of 3 or more railroad crossing violations, arising from separate occurrences committed within a 3-year period while driving or operating a commercial motor vehicle. In this paragraph, "railroad crossing violation" means a violation of a federal, state, or local law, rule, or regulation relating to any of the following offenses at a railroad crossing:
343.315(2)(j)1.
1. If the operator is not always required to stop the vehicle, failing to reduce speed and determine that the tracks are clear of any approaching train.
343.315(2)(j)2.
2. If the operator is not always required to stop the vehicle, failing to stop before reaching the crossing if the tracks are not clear.
343.315(2)(j)3.
3. If the operator is always required to stop the vehicle, failing to do so before proceeding onto the crossing.
343.315(2)(j)4.
4. Failing to have sufficient space to proceed completely through the crossing without stopping the vehicle.
343.315(2)(j)5.
5. Failing to obey any official traffic control device or the directions of any traffic officer, railroad employee, or other enforcement official.
343.315(2)(j)6.
6. Failing to successfully proceed through the crossing because of insufficient undercarriage clearance.
343.315(2)(k)
(k) A person disqualified by federal authorities under
49 USC 31310 (f) and
49 CFR 383.52 on the basis that the person's continued operation of a commercial motor vehicle would create an imminent hazard, as defined in
49 USC 5102 and
49 CFR 383.5, is disqualified from operating a commercial motor vehicle for the period of disqualification determined by the federal authority upon receipt by the department of the notice of disqualification provided for in
49 CFR 383.52 (d).
343.315(3)(a)(a) Notwithstanding
s. 343.39, if a person's license or operating privilege is revoked or suspended as the result of an offense committed after March 31, 1992, which results in disqualification under
sub. (2), the department shall immediately disqualify the person from operating a commercial motor vehicle for the period required under
sub. (2). The person's authorization to operate a commercial motor vehicle shall not be reinstated upon expiration of the period of revocation or suspension unless the period of disqualification has also expired. During any period of disqualification in which the person's license or operating privilege is not revoked or suspended, the department may issue an operator's license to the person for the operation of vehicles other than commercial motor vehicles.
343.315(3)(b)
(b) If a person's license or operating privilege is not otherwise revoked or suspended as the result of an offense committed after March 31, 1992, which results in disqualification under
sub. (2) (a) to
(f),
(h),
(i), or
(j), the department shall immediately disqualify the person from operating a commercial motor vehicle for the period required under
sub. (2) (a) to
(f),
(h),
(i), or
(j). Upon proper application by the person and payment of a duplicate license fee, the department may issue a separate license authorizing only the operation of vehicles other than commercial motor vehicles. Upon expiration of the period of disqualification, the person may apply for authorization to operate commercial motor vehicles under
s. 343.26.
343.315(3)(c)
(c) Nothing in this subsection exempts a person from reinstatement fees under
s. 343.21 or complying with applicable provisions of
s. 343.38.
343.315(3)(d)
(d) Disqualifications shall be effective from the date of conviction of the disqualifying offense.
343.315(4)
(4) Notification and commencement. The department shall send the notice of disqualification by 1st class mail to a person's last-known residence address. A period of disqualification ordered under this section commences on the date on which the notice is sent under this subsection. This subsection does not apply to disqualifications under
sub. (2) (g).
343.32
343.32
Other grounds for revocation or suspension of licenses; demerit points. 343.32(1)
(1) The secretary shall revoke a person's operating privilege whenever one or more of the following conditions exist:
343.32(1)(c)
(c) Notice has been received of the conviction of such person in another jurisdiction for an offense therein which, if committed in this state, would have required revocation of such person's operating privilege under this subsection.
343.32(1m)(a)(a) In this subsection, "another jurisdiction" means any state other than Wisconsin and includes the District of Columbia, the commonwealth of Puerto Rico and any territory or possession of the United States and any province of the Dominion of Canada.
343.32(1m)(b)
(b) The secretary shall suspend a person's operating privilege for not less than 6 months nor more than 5 years whenever notice has been received of the conviction of such person under federal law or the law of a federally recognized American Indian tribe or band in this state or the law of another jurisdiction for any offense therein which, if the person had committed the offense in this state and been convicted of the offense under the laws of this state, would have required suspension of such person's operating privilege under
s. 961.50. The person is eligible for an occupational license under
s. 343.10 as follows:
343.32(1m)(b)2.
2. For a 2nd conviction within a 5-year period, after the first 60 days of the suspension period.
343.32(1m)(b)3.
3. For a 3rd or subsequent conviction within a 5-year period, after the first 90 days of the suspension period.
343.32(1m)(c)
(c) For purposes of counting the number of convictions under
par. (b), convictions of any violation of
ch. 961 shall be counted and given the effect specified under
par. (b). The 5-year period under this subsection shall be measured from the dates of the violations which resulted in the convictions.
343.32(1m)(d)
(d) If the person's license or operating privilege is currently suspended or revoked or the person does not currently possess a valid operator's license issued under this chapter, the suspension or revocation under this subsection is effective on the date on which the person is first eligible and applies for issuance, renewal or reinstatement of an operator's license under this chapter.
343.32(1s)
(1s) The secretary shall suspend the operating privilege of any person who has been convicted under state law or under a local ordinance which is in conformity therewith or under a law of a federally recognized American Indian tribe or band in this state which is in conformity with state law of altering the person's license, loaning the person's license to another or unlawfully or fraudulently using or permitting an unlawful or fraudulent use of a license.
343.32(2)(a)(a) The secretary may suspend a person's operating privilege if the person appears by the records of the department to be a habitually reckless or negligent operator of a motor vehicle or to have repeatedly violated any of the state traffic laws, any local ordinance enacted under
ch. 349 or any traffic laws enacted by a federally recognized American Indian tribe or band in this state if the tribal traffic laws violated strictly conform to provisions in
chs. 341 to
348 or, if the offense occurred on a federal military installation located in this state, any federal law which is in strict conformity with a state traffic law. For the purpose of determining when to suspend an operating privilege under this subsection, the secretary may determine and adopt by rule a method of weighing traffic convictions by their seriousness and may, subject to the limitations in this subsection, change such weighted scale as experience or the accident frequency in the state makes necessary or desirable.
343.32(2)(b)
(b) The scale adopted by the secretary shall assign, for each conviction, 3 demerit points for exceeding the lawful speed limit by 10 or less miles per hour, 4 demerit points for exceeding the lawful speed limit by more than 10 but less than 20 miles per hour or 6 demerit points for exceeding the lawful speed limit by 20 or more miles per hour. Except as provided in
s. 343.085 (5), the scale adopted by the secretary may not assign more demerit points for a subsequent conviction for exceeding the lawful speed limit than the number of demerit points specified for the conviction in this paragraph.
343.32(2)(bc)1.1. Except as provided in
subd. 2., the scale adopted by the secretary shall assess, for each conviction, twice the number of demerit points that are assessed for the same offense committed by the holder of a regular license, if the convicted person has been previously convicted of an offense for which demerit points are assessed and the person is one of the following:
343.32(2)(bc)1.b.
b. An unlicensed person who would hold a probationary license if licensed.
343.32(2)(bc)2.
2. The secretary may not increase under
subd. 1. the number of demerit points that are assessed for a violation of
ch. 347.
343.32(2)(bd)
(bd) The scale adopted by the secretary shall assess, for each conviction, 6 demerit points for a violation of
s. 346.44 or
346.62 (2m), except that convictions under
s. 346.44 and
346.62 (2m) arising out of the same incident or occurrence shall be counted as a single conviction.
343.32(2)(bg)
(bg) The scale adopted by the secretary shall assign, for each conviction, 3 demerit points for operating a motor vehicle while disqualified, revoked, suspended or out-of-service under
s. 343.44 or a local ordinance in conformity therewith.
343.32(2)(bj)
(bj) The scale adopted by the secretary shall assess, for each conviction, 6 demerit points for a violation of
s. 346.63 (6), 4 demerit points for a violation of
s. 346.63 (2m), and 3 demerit points for a violation of
s. 346.63 (7) (a) 3. The scale adopted by the secretary shall not assess any demerit points for conviction of a violation of
s. 346.63 (5) or
(7) (a) 1. or
2.
343.32(2)(bm)1.1. The scale adopted by the secretary may not assess any demerit points for operating a motor vehicle without a valid operator's license in the operator's immediate possession in violation of
s. 343.18 (1).
343.32(2)(bm)2.
2. The scale adopted by the secretary may not assess more than 2 demerit points for operating a motor vehicle with a defective or improper speedometer in violation of
s. 347.41.
343.32(2)(br)
(br) 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.
343.32(2)(c)1.1. 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.
343.32(2)(c)2.
2. 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.
343.32(2)(d)
(d) 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.
343.32(2)(e)
(e) 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.
343.32(2)(f)
(f) A reexamination required under
par. (d) or
(e) 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).
343.32(3)
(3) 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.
343.32(4)
(4) 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.
343.32(5)
(5) 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.
343.32(6)
(6) 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.
343.32 History
History: 1971 c. 42,
278,
281;
1973 c. 90;
1977 c. 29 s.
1654 (7) (a), (c);
1977 c. 273;
1979 c. 221;
1981 c. 31,
216,
327;
1987 a. 24,
132;
1989 a. 22,
75,
105,
195,
359;
1991 a. 26,
32,
39,
189;
1993 a. 16,
314,
480;
1995 a. 113,
269,
338,
420,
448;
1997 a. 84,
135;
1999 a. 9,
185;
2005 a. 106,
317.
