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.
343.43 Annotation
Conviction of representing as valid a fraudulently altered driver's license reversed where the license was shown to a traffic officer on request and it appeared defendant had altered his birth date so as to be able to go into a bar. State v. Scholwin, 57 W (2d) 764.
343.435
343.435
License not to be used as security. 343.435(1)
(1) No person may require or accept an operator's license, chauffeur's license, occupational license, instructional permit or any other license or permit issued under this chapter as security.
343.435(2)
(2) Any person violating this section may be required to forfeit not less than $20 nor more than $100.
343.435(3)
(3) This section does not apply to the action by a state, county, city, village or town of requiring or accepting a license or permit when such action is authorized by some other provision of law.
343.435 History
History: 1983 a. 355.
343.44
343.44
Driving while disqualified or ordered out-of-service or after license revoked or suspended. 343.44(1)(1) No person whose operating privilege has been duly revoked or suspended pursuant to the laws of this state shall operate a motor vehicle upon any highway in this state during such suspension or revocation or thereafter before filing proof of financial responsibility or before that person has obtained a new license in this state, including an occupational license, or the person's operating privilege has been reinstated under the laws of this state. No person may operate a commercial motor vehicle while ordered out-of-service under state or federal law. No person may operate a commercial motor vehicle while disqualified as provided in
s. 343.315.
343.44(2)
(2) Except as provided in
subs. (2g) and
(2m), any person violating this section is subject to the following penalties:
343.44(2)(a)
(a) For the first conviction under this section or a local ordinance in conformity with this section within a 5-year period the person may be required to forfeit not more than $600, except that, if the person's operating privilege was revoked under
ch. 351 at the time of the offense, the penalty may be a fine of not more than $600.
343.44(2)(b)1.1. Except as provided in
subd. 2., for a 2nd conviction under this section or a local ordinance in conformity with this section within a 5-year period, a person may be fined not more than $1,000 and shall be imprisoned for not more than 6 months.
343.44(2)(b)2.
2. If the revocation or suspension that is the basis of a violation was imposed solely due to a failure to pay a fine or a forfeiture, or was imposed solely due to a failure to pay a fine or forfeiture and one or more subsequent convictions for violating
sub. (1), the person may be required to forfeit not more than $1,000. This subdivision applies regardless of the person's failure to reinstate his or her operating privilege.
343.44(2)(c)1.1. Except as provided in
subd. 2., for a 3rd conviction under this section or a local ordinance in conformity with this section within a 5-year period, a person may be fined not more than $2,000 and may be imprisoned for not more than 9 months.
343.44(2)(c)2.
2. If the revocation or suspension that is the basis of a violation was imposed solely due to a failure to pay a fine or a forfeiture, or was imposed solely due to a failure to pay a fine or forfeiture and one or more subsequent convictions for violating
sub. (1), the person may be required to forfeit not more than $2,000. This subdivision applies regardless of the person's failure to reinstate his or her operating privilege.
343.44(2)(d)1.1. Except as provided in
subd. 2., for a 4th conviction under this section or a local ordinance in conformity with this section within a 5-year period, a person may be fined not more than $2,000 and may be imprisoned for not more than one year in the county jail.
343.44(2)(d)2.
2. If the revocation or suspension that is the basis of a violation was imposed solely due to a failure to pay a fine or a forfeiture, or was imposed solely due to a failure to pay a fine or forfeiture and one or more subsequent convictions for violating
sub. (1), the person may be required to forfeit not more than $2,000. This subdivision applies regardless of the person's failure to reinstate his or her operating privilege.
343.44(2)(e)1.1. Except as provided in
subd. 2., for a 5th or subsequent conviction under this section or a local ordinance in conformity with this section within a 5-year period, a person may be fined not more than $2,500 and may be imprisoned for not more than one year in the county jail.
343.44(2)(e)2.
2. If the revocation or suspension that is the basis of a violation was imposed solely due to a failure to pay a fine or a forfeiture, or was imposed solely due to a failure to pay a fine or forfeiture and one or more subsequent convictions for violating
sub. (1), the person may be required to forfeit not more than $2,500. This subdivision applies regardless of the person's failure to reinstate his or her operating privilege.
343.44(2g)
(2g) Except as provided in
sub. (2m), any person who violates
sub. (1) while his or her operating privilege is suspended or revoked for improperly refusing to take a test under
s. 343.305, violating
s. 346.63 (1) or
(5) or a local ordinance in conformity therewith, or violating
s. 346.63 (2) or
(6),
940.09 (1) or
940.25, is subject to the following penalties:
343.44(2g)(a)
(a) For the first conviction under this section or a local ordinance in conformity with this section within a 5-year period the person shall forfeit not less than $150 nor more than $600, except that, if the person's operating privilege was revoked under
ch. 351 at the time of the offense, the penalty shall be a fine of not less than $150 nor more than $600.
343.44(2g)(b)
(b) For a 2nd conviction under this section or a local ordinance in conformity with this section within a 5-year period, the person shall be fined not less than $300 nor more than $1,000 and shall be imprisoned for not less than 5 days nor more than 6 months.
343.44(2g)(c)
(c) For a 3rd conviction under this section or a local ordinance in conformity with this section within a 5-year period, the person shall be fined not less than $1,000 nor more than $2,000 and shall be imprisoned for not less than 30 days nor more than 9 months.
343.44(2g)(d)
(d) For a 4th conviction under this section or a local ordinance in conformity with this section within a 5-year period, the person shall be fined not less than $1,500 nor more than $2,000 and shall be imprisoned for not less than 60 days nor more than one year in the county jail.
343.44(2g)(e)
(e) For a 5th or subsequent conviction under this section or a local ordinance in conformity with this section within a 5-year period, the person shall be fined not less than $2,000 nor more than $2,500 and shall be imprisoned for not less than 6 months nor more than one year in the county jail.
343.44(2m)
(2m) Any person violating this section while operating a commercial motor vehicle shall:
343.44(2m)(a)
(a) For the first conviction under this section or a local ordinance in conformity therewith within a 5-year period, be fined not less than $300 nor more than $1,000 and imprisoned for not less than 6 days nor more than 10 days.
343.44(2m)(b)
(b) For a 2nd conviction under this section or a local ordinance in conformity therewith within a 5-year period, be fined not less than $1,000 nor more than $2,000 and shall be imprisoned for not less than 30 days nor more than 9 months.
343.44(2m)(c)
(c) For a 3rd or subsequent conviction under this section or a local ordinance in conformity therewith within a 5-year period, be fined not less than $1,500 nor more than $5,000 and shall be imprisoned for not less than 60 days nor more than one year in the county jail.
343.44(2p)
(2p) The legislature intends that courts use the sentencing option under
s. 973.03 (4) whenever appropriate for persons subject to
sub. (2) or
(2m) to provide cost savings for the state and for local governments. This option shall not be used if the suspension or revocation was for one of the following:
343.44(2r)
(2r) For purposes of determining prior convictions under this section, the 5-year period shall be measured from the dates of the violations that resulted in the convictions and each conviction under
sub. (2) or
(2m) shall be counted. The vehicle operated at the time of the offense shall determine whether the penalties of
sub. (2) or
(2m) apply.
343.44(2s)
(2s) Within 30 days after receipt by the department of a report from a law enforcement officer under
s. 343.305 (7) or a court order under
s. 343.28 of a violation committed by a person operating a commercial motor vehicle while subject to an out-of-service order under
s. 343.305 (7) (b) or
(9) (am), a traffic officer employed under
s. 110.07 may prepare a uniform traffic citation under
s. 345.11 for a violation of
sub. (1) and serve it on the person. The citation may be served anywhere in this state and shall be served by delivering a copy to the person personally or by leaving a copy at the person's usual place of abode with a person of discretion residing therein or by mailing a copy to the person's last-known residence address. The venue for prosecution may be the county where the alleged offense occurred or in the person's county of residence.
343.44(3)
(3) Refusal to accept or failure to receive an order of revocation, suspension or disqualification mailed by 1st class mail to such person's last-known address shall not be a defense to the charge of driving after revocation, suspension or disqualification. If the person has changed his or her address and fails to notify the department as required in
s. 343.22 then failure to receive notice of revocation, suspension or disqualification shall not be a defense to the charge of driving after revocation, suspension or disqualification.
343.44(4)
(4) In addition to other penalties for violation of this section, if a person has violated this section with respect to a motor vehicle which he or she is the owner, the court may order the vehicle impounded. The court may determine the manner and period of impoundment. The cost of keeping the vehicle constitutes a lien on the vehicle.
343.44(4m)
(4m) In addition to other penalties for violation of this section, if a person has violated this section after his or her operating privilege was revoked as provided in
ch. 351, the penalties shall be enhanced by imprisonment and additional fines as provided in
s. 351.08. For the purpose of enforcing this subsection, in any case in which the accused is charged with operating a motor vehicle while his or her license, permit or privilege to operate is suspended or revoked or is charged with operating without a valid license, the court, before hearing the charge, shall determine whether the person is a habitual traffic offender or repeat habitual traffic offender and therefore barred from operating a motor vehicle on the highways of this state.
343.44(4r)
(4r) In addition to other penalties for violation of this section, if a person has violated this section after he or she was ordered out-of-service under state or federal law, the violation shall result in disqualification under
s. 343.315 (2) (h) or
(i).
343.44(5)
(5) If a motor vehicle impounded under
sub. (4) is subject to a security agreement or lease contract, the vehicle shall be released by the court to the lessor or secured creditor upon the filing of an affidavit by the lessor or secured creditor that the security agreement or lease contract is in default and shall be delivered to the lessor or secured creditor upon payment of the accrued cost of keeping the motor vehicle.
343.44 Annotation
See notes to Art. I, sec. 1, and Art. VII, sec. 2, citing State v. Sittig, 75 W (2d) 497, 249 NW (2d) 770.
343.44 Annotation
This section does not impose on drivers strict criminal liability. Among other elements of offense, state must prove that defendant had cause to believe license might be revoked or suspended. State v. Collova, 79 W (2d) 473, 255 NW (2d) 581.
343.44 Annotation
See note to 889.18, citing State v. Mullis, 81 W (2d) 454, 260 NW (2d) 696.
343.44 Annotation
Under (1), trial court may, in its discretion, order that mandatory sentence of imprisonment be served concurrently with other sentence. State v. Schultz, 145 W (2d) 661, 429 NW (2d) 79 (Ct. App. 1988).
343.44 Annotation
Time between violations underlying convictions, not time between convictions, determines whether penalty enhancer in (2) (b) 1. applies. State v. Walczak, 157 W (2d) 661, 460 NW (2d) 797 (Ct. App. 1990).
343.44 Annotation
Where prior convictions are used to enhance minimum penalty under (2), collateral attack of prior convictions must be allowed. State v. Baker, 169 W (2d) 49, 485 NW (2d) 237 (1992).
343.44 Annotation
Sub. (2) (e) 2. prevents the imposition of criminal penalties against an habitual offender under ch. 351 where the revocation is based solely on a failure to pay a previously imposed forfeiture and subsequent revocations were in turn based solely on a previous failure to pay a forfeiture. State v. Taylor, 170 W (2d) 524, 489 NW (2d) 664 (Ct. App. 1992).
343.44 Annotation
Decriminalization of first-offense OAR did not remove the defendant's knowledge of the revocation as an element. State v. Olson, 175 W (2d) 628, 498 NW (2d) 661 (1993).
