Effective date text
2. Except as provided in subd. 3., 4. or 4m., for the first conviction, the department shall revoke the person's operating privilege for not less than 6 months nor more than 9 months. If an Indian tribal court in this state revokes the person's privilege to operate a motor vehicle on tribal lands for not less than 6 months nor more than 9 months for the conviction specified in par. (bm) (intro.), the department shall impose the same period of revocation. The person is eligible for an occupational license under s. 343.10 at any time.
343.31(3)(bm)3.
3. Except as provided in
subd. 4m., if the number of suspensions, revocations and convictions within a 10-year period equals 2, the department shall revoke the person's operating privilege for not less than one year nor more than 18 months. If an Indian tribal court in this state revokes the person's privilege to operate a motor vehicle on tribal lands for not less than one year nor more than 18 months for the conviction specified in
par. (bm) (intro.), the department shall impose the same period of revocation. After the first 60 days of the revocation period, the person is eligible for an occupational license under
s. 343.10.
343.31(3)(bm)4.
4. Except as provided in
subd. 4m., if the number of suspensions, revocations and convictions equals 3 or more, the department shall revoke the person's operating privilege for not less than 2 years nor more than 3 years. If an Indian tribal court in this state revokes the person's privilege to operate a motor vehicle on tribal lands for not less than 2 years nor more than 3 years for the conviction specified in
par. (bm) (intro.), the department shall impose the same period of revocation. After the first 90 days of the revocation period, the person is eligible for an occupational license under
s. 343.10.
343.31(3)(bm)4m.
4m. If the Indian tribal court that convicted the person determined that there was a minor passenger under 16 years of age in the motor vehicle at the time of the incident that gave rise to the conviction, the applicable minimum and maximum suspension or revocation periods under
subd. 2.,
3. or
4. for the conviction are doubled.
Effective date note
NOTE: Subd. 4m. is amended eff. 5-1-2000 or the date stated in the notice published by the secretary of transportation in the Wisconsin Administrative Register under s. 85.515, whichever is earlier, by
1997 Wis. Act 84 to read:
Effective date text
4m. If the Indian tribal court that convicted the person determined that there was a minor passenger under 16 years of age in the motor vehicle at the time of the incident that gave rise to the conviction, the applicable minimum and maximum revocation periods under subd. 2., 3. or 4. for the conviction are doubled.
343.31(3)(bm)5.
5. The time period under this paragraph shall be measured from the dates of the refusals or violations which resulted in the suspensions, revocations or convictions.
343.31(3)(c)
(c) Any person convicted under
s. 940.09 of causing the death of another or of an unborn child by the operation or handling of a motor vehicle shall have his or her operating privilege revoked for 5 years. If there was a minor passenger under 16 years of age or an unborn child, as defined in
s. 939.75 (1), in the motor vehicle at the time of the violation that gave rise to the conviction under
s. 940.09, the revocation period is 10 years.
343.31(3)(d)
(d) Any person convicted of knowingly fleeing or attempting to elude a traffic officer shall have his or her operating privilege revoked as follows:
343.31(3)(d)1.
1. If the offense did not result in bodily harm to another or damage to the property of another, for 6 months.
343.31(3)(d)2.
2. If the offense results in bodily harm to another or causes damage to the property of another, as provided in
par. (a).
343.31(3)(d)3.
3. If the offense results in great bodily harm to another, for 2 years.
343.31(3)(d)4.
4. If the offense results in the death of another, for 5 years.
343.31(3)(e)
(e) Any person convicted under
s. 346.63 (2) shall have his or her operating privilege revoked for not less than one year nor more than 2 years. If there was a minor passenger under 16 years of age in the motor vehicle at the time of the violation that gave rise to the conviction under
s. 346.63 (2), the minimum and maximum revocation periods are doubled.
343.31(3)(f)
(f) Any person convicted under
s. 940.25 shall have his or her operating privilege revoked for 2 years. If there was a minor passenger under 16 years of age or an unborn child, as defined in
s. 939.75 (1), in the motor vehicle at the time of the violation that gave rise to the conviction under
s. 940.25, the revocation period is 4 years.
343.31(3)(g)
(g) Any person convicted for operating a motor vehicle while operating privileges are suspended or revoked shall have his or her operating privilege revoked for 6 months if the suspension or revocation was 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.
Effective date note
NOTE: Par. (g) is repealed eff. 5-1-2000 or the date stated in the notice published by the secretary of transportation in the Wisconsin Administrative Register under s. 85.515, whichever is earlier, by
1997 Wis. Act 84.
343.31(3)(h)
(h) Any person subject to
s. 343.10 (8) shall have his or her operating privilege revoked for 6 months.
Effective date note
NOTE: Par. (h) is repealed eff. 5-1-2000 or the date stated in the notice published by the secretary of transportation in the Wisconsin Administrative Register under s. 85.515, whichever is earlier, by
1997 Wis. Act 84.
343.31(3)(i)
(i) If a person is convicted for a violation of
s. 346.67 (1) where the accident involved great bodily harm, the period of revocation is 2 years.
343.31(3)(j)
(j) If a person is convicted for a violation of
s. 346.67 (1) where the accident involved death, the period of revocation is 5 years.
343.31(3m)(a)(a) Any person who has his or her operating privilege revoked under
sub. (3) (c) or
(f) is eligible for an occupational license under
s. 343.10 after the first 120 days of the revocation period.
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.
343.31(4)
(4) Any person denied an operator's license under
s. 343.06 (1) (i) or whose operator's license was revoked under s.
343.31 (1) (i), 1961 stats., before October 9, 1963, may be granted the license or have his or her operating privileges reinstated upon recommendation of the department of corrections or other responsible agency having supervision of the applicant, and approval of the court in which the applicant was convicted of the offense upon which the revocation or suspension was based.
Effective date note
NOTE: Sub. (4) is repealed eff. 5-1-2000 or the date stated in the notice published by the secretary of transportation in the Wisconsin Administrative Register under s. 85.515, whichever is earlier, by
1997 Wis. Act 84.
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.
343.31 Annotation
The court cannot waive the revocation ordered by the division of motor vehicles. 62 Atty. Gen. 31.
343.31 Annotation
See note to 346.65, citing 69 Atty. Gen. 47.
343.315
343.315
Commercial motor vehicle disqualifications; effects. 343.315(1)(a)(a) A person who is disqualified under this section or
49 CFR 383.51 or by a determination by the federal highway administration under the federal rules of practice for motor carrier safety contained in
49 CFR 386 that a person is no longer qualified to operate a vehicle under
49 CFR 391 may not operate a commercial motor vehicle during a period of disqualification after March 31, 1992. Any violation of this paragraph shall be punished as provided in
s. 343.44 (2m).
Effective date note
NOTE: Par. (a) is repealed eff. 5-1-2000 or the date stated in the notice published by the secretary of transportation in the Wisconsin Administrative Register under s. 85.515, whichever is earlier, by
1997 Wis. Act 84.
343.315(1)(b)
(b) 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 paragraph shall be fined not more than $5,000 or imprisoned for not more than 90 days or both. An employer who negligently violates this paragraph shall forfeit not more than $2,500.
Effective date note
NOTE: Par. (b) is renumbered (1) and amended eff. 5-1-2000 or the date stated in the notice published by the secretary of transportation in the Wisconsin Administrative Register under s. 85.515, whichever is earlier, by
1997 Wis. Act 84 to read:
Effective date text
(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:
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)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, 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, or under the influence of any drug to a degree that renders the person incapable of safely driving, as those or substantially similar terms are used in that jurisdiction's laws.
343.315(2)(b)
(b) If any of the violations listed in
par. (a) occurred in the course of transporting hazardous materials 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, 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. 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:
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.
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 wilful 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)(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) by operating a commercial motor vehicle while 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 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(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) or
(i), the department shall immediately disqualify the person from operating a commercial motor vehicle for the period required under
sub. (2) (a) to
(f),
(h) or
(i). 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. Beginning on April 1, 1992, the department shall send the notice of disqualification by 1st class mail to a person's last-known residence address. 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)(b)
(b) Such person 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.
Effective date note
NOTE: Par. (b) is renumbered sub. (1s) and amended eff. 5-1-2000 or the date stated in the notice published by the secretary of transportation in the Wisconsin Administrative Register under s. 85.515, whichever is earlier, by
1997 Wis. Act 84.
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.
Effective date note
NOTE: Par. (d) is repealed eff. 5-1-2000 or the date stated in the notice published by the secretary of transportation in the Wisconsin Administrative Register under s. 85.515, whichever is earlier, by
1997 Wis. Act 84.
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 or revoke 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 or revocation of such person's operating privilege under
s. 961.50. The person is eligible for an occupational license under
s. 343.10 as follows:
Effective date note
NOTE: Par. (b) (intro.) is amended eff. 5-1-2000 or the date stated in the notice published by the secretary of transportation in the Wisconsin Administrative Register under s. 85.515, whichever is earlier, by
1997 Wis. Act 84 to read:
Effective date text
(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 or revocation period.
Effective date note
NOTE: Subd. 2. is amended eff. 5-1-2000 or the date stated in the notice published by the secretary of transportation in the Wisconsin Administrative Register under s. 85.515, whichever is earlier, by
1997 Wis. Act 84 to read:
Effective date text
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 or revocation period.
Effective date note
NOTE: Subd. 3. is amended eff. 5-1-2000 or the date stated in the notice published by the secretary of transportation in the Wisconsin Administrative Register under s. 85.515, whichever is earlier, by
1997 Wis. Act 84 to read:
Effective date text
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.
Effective date note
NOTE: Sub. (1s) is shown as renumbered from sub. (1) (b) and amended eff. 5-1-2000 or the date stated in the notice published by the secretary of transportation in the Wisconsin Administrative Register under s. 85.515, whichever is earlier, by
1997 Wis. Act 84.
