343.32(2)(g)
(g) In exercising the authority to suspend or revoke an operating privilege under this section, the secretary may suspend such privilege only when the operator has not had his or her operating privilege suspended or revoked previously, except under
s. 344.14 (1), or when the operator's present demerit point accumulation is not more than 25% above the demerit point accumulation set for suspension or revocation. In all other cases under this section, the secretary shall revoke the operating privilege of the operator.
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 or revoked 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.
343.32 Annotation
State's failure to promulgate standards for determining length of suspension denied due process. Best v. State, 99 W (2d) 495, 299 NW (2d) 604 (Ct. App. 1980).
343.325
343.325
Courts to report appeals; when appeal stays suspension, revocation or disqualification. 343.325(1)
(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:
343.325(1)(a)
(a) Promptly forward to the department a certificate stating that such appeal has been taken; and
343.325(1)(b)
(b) If the appeal is subsequently dropped, promptly certify such fact to the department; and
343.325(1)(c)
(c) Upon determination of the appeal by the appellate court, promptly certify such decision to the department.
343.325(2)
(2) Notwithstanding
ss. 343.31,
343.315 and
343.32 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.
343.325(3)
(3) 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).
343.325(3m)
(3m) 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.
343.325(4)
(4) 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 or
343.315, 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.
343.325(5)
(5) 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.
343.325(6)(a)(a) 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.
343.325(6)(b)
(b) If there is subsequent court action affecting the order to reopen, vacate or stay, the court shall promptly notify the department of that action.
343.325(7)
(7) The department, upon receipt of an order under
sub. (6), shall proceed under this section as if an appeal had been taken.
343.325 History
History: 1971 c. 278;
1977 c. 29 s.
1654 (7) (a), (c);
1977 c. 273; Sup. Ct. Order, 146 W (2d) xiii (1988);
1989 a. 7,
72;
1995 a. 113.
343.33
343.33
Hearing on suspensions and revocations. 343.33(1)(1) Whenever the department under authority of
s. 343.32 or
343.34 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.
343.33(2)
(2) 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.
343.33(3)
(3) 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.
343.34
343.34
Suspension of licenses. The secretary may suspend operating privileges under this section under the following circumstances:
343.34(1)
(1) 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.
343.35
343.35
Surrender of licenses upon cancellation, revocation or suspension. 343.35(1)
(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.
343.35(2)
(2) Any person who fails to surrender a license as required by this section may be required to forfeit not more than $100.
343.35(3)
(3) 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.
343.36
343.36
Department to distribute suspension, revocation and disqualification lists and nonresidents' records of conviction. 343.36(2)
(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.
343.36(3)
(3) 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.
343.37
343.37
No operation under foreign license during revocation or suspension. 343.37(1)
(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.
343.37(2)
(2) 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.
343.37 History
History: 1989 a. 105,
359;
1991 a. 316.
343.38
343.38
License after revocation or suspension; reinstatement of nonresident's operating privilege. 343.38(1)(1)
License after revocation. Except as provided in
ss. 343.10,
343.39 and
351.07, the department shall not issue a license to a person whose operating privilege has been duly revoked unless the period of revocation has expired and such person:
343.38(1)(a)
(a) Files with the department an application for license together with the required fee; and
343.38(1)(b)
(b) 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
343.38(1)(c)
(c) Unless 3 years have elapsed since the expiration of the period of revocation, files with the department proof of financial responsibility in the amount, form and manner specified in
ch. 344. Such proof of financial responsibility shall be maintained at all times during such 3-year period when the license is in effect. No such proof shall be required for a vehicle subject to the requirements of
s. 121.53,
194.41 or
194.42 or a vehicle owned by or leased to the United States, this state or any county or municipality of this state.
343.38(2)
(2) Reinstatement of nonresident's operating privilege after revocation by Wisconsin. A nonresident's operating privilege revoked pursuant to the laws of this state is reinstated as a matter of law when the period of revocation has expired and such nonresident:
343.38(2)(a)
(a) Obtains a valid operator's license in the jurisdiction of the nonresident's residence; and
343.38(2)(b)
(b) Files proof of financial responsibility in this state in the manner and for the period required of residents of this state whose operating privileges have been revoked.
343.38(3)
(3) Reinstatement after suspension. Except as provided in
s. 343.10, the department shall not issue a license to a person whose operating privilege has been duly suspended while the suspension remains in effect. Upon the expiration of the period of suspension, the person's operating privilege is automatically reinstated as provided in
s. 343.39.
343.38(4)
(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:
343.38(4)(a)
(a) When the period of suspension or revocation required by law for conviction for the same traffic violation in this state has terminated.
343.38(4)(b)
(b) Acceptable proof of financial responsibility has been filed.
343.38(4)(c)
(c) Application for a Wisconsin operator's license has been made.
343.38(4)(e)
(e) The fees required for the issuance of an original license have been paid.
343.38(5)
(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.
343.39
343.39
When operating privilege automatically reinstated. 343.39(1)(1) An operating privilege is automatically reinstated under any of the following circumstances:
343.39(1)(a)
(a) When, in the case of a suspended operating privilege, the period of suspension has terminated and the reinstatement fee specified in
s. 343.21 (1) (j) has been paid to the department.
343.39(1)(b)
(b) When, in the case of a revocation or suspension 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 or suspension only when considered in connection with the person's previous operating record.
343.39(1)(c)
(c) Whenever any other provision of law provides for automatic reinstatement.
343.39(2)
(2) Whenever a person's operating privilege is automatically reinstated, the department shall forthwith notify such person thereof and shall return any surrendered and unexpired license in its possession. If the license expired during the period of revocation or suspension, such person may renew the license at the standard renewal fee at any time within 30 days after the reinstatement of the operating privilege.
343.39(3)
(3) If a court has ordered that the person's operating privilege be restricted for a period of time after the suspension period is completed to operating vehicles equipped with an ignition interlock device, the license shall include that restriction.
343.39 Annotation
Reinstatement under (1) (b) is not retroactive to date of conviction. State v. Orethun, 84 W (2d) 487, 267 NW (2d) 318 (1978).
343.40
343.40
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.
343.40 History
History: 1977 c. 43,
187.
UNLAWFUL PRACTICES RELATIVE TO LICENSES
343.43
343.43
Unlawful use of license. 343.43(1)(a)
(a) Represent as valid any canceled, revoked, suspended, fictitious or fraudulently altered license; or
343.43(1)(b)
(b) Sell or lend that person's license to any other person or knowingly permit the use thereof by another; or
343.43(1)(c)
(c) Represent as one's own any license not issued to that person; or
343.43(1)(d)
(d) Violate any of the restrictions placed on that person's license by or pursuant to law; or
343.43(1)(e)
(e) Permit any unlawful use of a license issued to that person; or
343.43(1)(f)
(f) Reproduce by any means whatever a copy of a license; or
343.43(2)
(2) Whenever a license or identification card which appears to be altered is displayed to a law enforcement officer, agent of the secretary or the court, that person shall take possession of the license or identification card and return it to the department for cancellation. A notation of change of address properly indorsed on the license under
s. 343.22 shall not of itself be reason to consider the license altered.
343.43(3)
(3) Except as provided in
sub. (3m), any person who violates
sub. (1) shall be:
343.43(3)(a)
(a) Fined not less than $200 nor more than $600 and may be imprisoned for not more than 6 months or both for the first such violation.
343.43(3)(b)
(b) Fined not less than $300 nor more than $1,000 and imprisoned for not less than 5 days nor more than 6 months for the 2nd offense occurring within 3 years.
343.43(3)(c)
(c) Fined not less than $1,000 nor more than $2,000 and imprisoned for not less than 10 days nor more than 6 months for the 3rd or subsequent offense occurring within 3 years.
343.43(3m)
(3m) Any person who violates
sub. (1) (d) while operating a "Class D" or "Class M" vehicle as described in
s. 343.04 (1) (d) and
(e), except a school bus, may be required to forfeit not more than $200 for the first offense, may be fined not more than $300 and imprisoned for not more than 30 days for the 2nd offense occurring within 3 years, and may be fined not more than $500 and imprisoned for not more than 6 months for the 3rd or subsequent offense occurring within 3 years. A violation of a local ordinance in conformity with this section shall count as a previous offense.
