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.
Effective date note
NOTE: Section 343.44 is affected 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
343.44 Operating while suspended, revoked, ordered out-of-service or disqualified. (1) Operating offenses. (a) Operating while suspended. No person whose operating privilege has been duly suspended under the laws of this state may operate a motor vehicle upon any highway in this state during the period of suspension or in violation of any restriction on an occupational license issued to the person during the period of suspension. A person's knowledge that his or her operating privilege is suspended is not an element of the offense under this paragraph. In this paragraph, "restriction on an occupational license" means restrictions imposed under s. 343.10 (5) (a) as to hours of the day, area, routes or purpose of travel, vehicles allowed to be operated, use of an ignition interlock device, sobriety or use of alcohol, controlled substances or controlled substance analogs.
Effective date text
(b) Operating while revoked. No person whose operating privilege has been duly revoked under the laws of this state may knowingly operate a motor vehicle upon any highway in this state during the period of revocation or in violation of any restriction on an occupational license issued to the person during the period of revocation. In this paragraph, "restriction on an occupational license" means restrictions imposed under s. 343.10 (5) (a) as to hours of the day, area, routes or purpose of travel, vehicles allowed to be operated, use of an ignition interlock device, sobriety or use of alcohol, controlled substances or controlled substance analogs.
Effective date text
(c) Operating while ordered out-of-service. No person may operate a commercial motor vehicle while ordered out-of-service under state or federal law.
Effective date text
(d) Operating while disqualified. No person may operate a commercial motor vehicle while disqualified under s. 343.315 or 49 CFR 383.51, under the law of another jurisdiction or Mexico that provides for disqualification of commercial drivers in a manner similar to 49 CFR 383.51, or under a determination by the federal highway administration under the federal rules of practice for motor carrier safety contained in 49 CFR 386 that the person is no longer qualified to operate a vehicle under 49 CFR 391.
Effective date text
(1g) Reinstatement required. Notwithstanding any specified term of suspension, revocation, cancellation or disqualification, the period of any suspension, revocation, cancellation or disqualification of an operator's license issued under this chapter or of an operating privilege continues until the operator's license or operating privilege is reinstated.
Effective date text
(2) Penalties. (a) Any person who violates sub. (1) (a) shall be required to forfeit not less than $50 nor more than $200.
Effective date text
(am) Any person who violates sub. (1) (b) before May 1, 1999, may be required to forfeit not more than $600, except that, if the person has been convicted of a previous violation described in sub. (1) (b) within the preceding 5-year period, the penalty under par. (b) shall apply.
Effective date text
(b) Except as provided in par. (am), any person who violates sub. (1) (b), (c) or (d) shall be fined not more than $2,500 or imprisoned for not more than one year or both. In imposing a sentence under this paragraph, or a local ordinance in conformity with this paragraph, the court shall review the record and consider the following:
Effective date text
1. The aggravating and mitigating circumstances in the matter, using the guidelines described in par. (d).
Effective date text
2. The class of vehicle operated by the person.
Effective date text
3. The number of prior convictions of the person for violations of this section within the 5 years preceding the person's arrest.
Effective date text
4. The reason that the person's operating privilege was revoked, or the person was disqualified or ordered out of service, including whether the person's operating privilege was revoked for an offense that may be counted under s. 343.307 (2).
Effective date text
5. Any convictions for moving violations arising out of the incident or occurrence giving rise to sentencing under this section.
Effective date text
(c) In addition to other penalties for violation of this section, if a person violates this section while his or her operating privilege is revoked as provided in ch. 351, the penalties may be enhanced by imprisonment and additional fines as provided in s. 351.08. For the purpose of enforcing this paragraph, in any case in which the accused is charged with operating a motor vehicle while his or her operator's license, permit or privilege to operate is suspended or revoked or is charged with operating without a valid operator's 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.
Effective date text
(d) The chief judge of each judicial administrative district shall adopt guidelines, under the chief judge's authority to adopt local rules under
SCR 70.34, for the consideration of aggravating and mitigating factors. Such guidelines shall treat operators of commercial motor vehicles at least as stringently as operators of other classes of motor vehicles.
Effective date text
(2p) Sentencing option. The legislature intends that courts use the sentencing option under s. 973.03 (4) whenever appropriate for persons subject to sub. (2) 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:
Effective date text
(a) Improperly refusing to take a test under s. 343.305.
Effective date text
(b) Violating s. 346.63 (1) or (5) or a local ordinance in conformity therewith.
Effective date text
(c) Violating s. 346.63 (2) or (6), 940.09 (1) or 940.25.
Effective date text
(2r) Prior convictions. 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) shall be counted.
Effective date text
(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) (c) or (d) 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.
Effective date text
(3) Failure to receive notice. 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.
Effective date text
(4) Impoundment. 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.
Effective date text
(4r) Violation of out-of-service order. 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).
Effective date text
(5) Vehicle impoundment; lessors and secured creditors. 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).
343.44 Annotation
The existence of a basis for revocation or suspension other than, or in conjunction with, failure to pay a fine or forfeiture renders sub. (2) (c) 2. inapplicable. State v. Biljan, 177 W (2d) 14, 501 NW (2d) 820 (Ct. App. 1993).
343.44 Annotation
In sub. (2g) (e), a "conviction under this section" includes an offense under sub. (1). State v. Charles, 180 W (2d) 155, 509 NW (2d) 85 (Ct. App. 1993).
343.44 Annotation
Application of sub. (2) (b) 2. discussed. State v. Muniz, 181 W (2d) 928, 512 NW (2d) 252 (Ct. App. 1994).
343.44 Annotation
A person whose period of suspension resulting from an OWI conviction has as ended but who remains suspended due to a failure to complete required alcohol assessment is subject to sub. (2g). State v. Doyen, 185 W (2d) 635, 518 NW (2d) 521 (Ct. App. 1994).
343.44 Annotation
The general requirements for establishing prior criminal offenses in s. 973.12 are not applicable to the penalty enhancement provisions for offenses under sub. (2). The convictions must be established by defendant's admission, copies of prior judgments or a teletype of the DOT driving record. State v. Spaeth, 206 W (2d) 134, 556 NW (2d) 728 (1996).
343.44 Annotation
Local governments can prohibit first acts of operating after revocation or suspension, but second offense will not be crime.
71 Atty. Gen. 132.
