343.305 Annotation
A law enforcement officer may use physical restraint, subject to constitutional limitations, in order to draw a legally justified blood sample. Refusal by a health professional to comply with a law enforcement officer's authorized request to take a blood sample from a person whom the officer has legally restrained by force constitutes refusal to aid an officer under s. 946.40.
74 Atty. Gen. 123.
343.305 AnnotationRefusal hearings under this section are discussed.
77 Atty. Gen. 4.
343.305 Annotation
A Massachusetts implied consent law that mandates suspension of a license for refusal to take a breath-analysis test did not violate the due process clause. Mackey v. Montrym,
443 U.S. 1 (1979).
343.305 Annotation
The admission into evidence of a defendant's refusal to submit to a blood-alcohol test did not deny the right against self-incrimination. South Dakota v. Neville,
459 U.S. 553 (1983).
343.305 Annotation
Wisconsin's new administrative suspension statute. 72 MLR 120 (1988).
343.305 Annotation
The new OMVWI law: Wisconsin changes its approach to the problem of drinking and driving. Hammer, WBB April, May 1982.
343.305 Annotation
Technical problems corrected: Operating while intoxicated. Hancock and Maassen. WBB Apr. 1987.
343.305 Annotation
Wisconsin's breath testing program. Booker. WBB Oct. 1988.
343.305 Annotation
Rethinking Refusal: Wisconsin's Implied Consent Law. Lotke. Wis. Law. July 1993.
343.307
343.307
Prior convictions, suspensions or revocations to be counted as offenses. 343.307(1)(a)
(a) Convictions for violations under
s. 346.63 (1), or a local ordinance in conformity with that section.
343.307(1)(b)
(b) Convictions for violations of a law of a federally recognized American Indian tribe or band in this state in conformity with
s. 346.63 (1).
343.307(1)(d)
(d) Convictions under the law of another jurisdiction that prohibits a person from refusing chemical testing or using a motor vehicle while intoxicated or under the influence of a controlled substance or controlled substance analog, or a combination thereof; 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 his or her blood, as those or substantially similar terms are used in that jurisdiction's laws.
343.307(1)(e)
(e) Operating privilege suspensions or revocations under the law of another jurisdiction arising out of a refusal to submit to chemical testing.
343.307(2)
(2) The court shall count the following to determine the length of a revocation under
s. 343.305 (10) and to determine the penalty under
s. 346.65 (2j) and to determine the prohibited alcohol concentration under
s. 340.01 (46m):
343.307(2)(b)
(b) Convictions for violations of a law of a federally recognized American Indian tribe or band in this state in conformity with
s. 346.63 (1) or
(5).
343.307(2)(d)
(d) Convictions under the law of another jurisdiction that is in substantial conformity with
49 CFR 383.51 (b) Table 1, items (1) to (4).
343.307(2)(e)
(e) Convictions under the law of another jurisdiction that prohibits a person from refusing chemical testing or using a motor vehicle while intoxicated or under the influence of a controlled substance or controlled substance analog, or a combination thereof; 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 his or her blood, as those or substantially similar terms are used in that jurisdiction's laws.
343.307(2)(f)
(f) Operating privilege suspensions or revocations under the law of another jurisdiction arising out of a refusal to submit to chemical testing.
343.307(3)
(3) If the same elements of the offense must be proven under a local ordinance or under a law of a federally recognized American Indian tribe or band in this state as under
s. 346.63 (1) (a),
(am), or
(b), any combination of
s. 346.63 (1) (a),
(am), or
(b), or
s. 346.63 (5), the local ordinance or the law of a federally recognized American Indian tribe or band in this state shall be considered to be in conformity with
s. 346.63 (1) (a),
(am), or
(b), any combination of
s. 346.63 (1) (a),
(am), or
(b), or
s. 346.63 (5), for purposes of
ss. 343.30 (1q) (b) 1.,
343.305 (10) (b) 1. and
346.65 (2) and
(2j).
343.307 Annotation
An Illinois court's placement of an OWI offender under court supervision is a conviction that is counted as a prior offense under sub. (1) (d) when charging an OWI suspect in Wisconsin. Placement under court supervision as a result of a determination that the defendant violated or failed to comply with the law in a court of original jurisdiction meets the definition of conviction under s. 340.01 (9r). State v. List, 2004 WI App 230,
277 Wis. 2d 836,
691 N.W.2d 366,
03-3149.
343.31
343.31
Revocation or suspension of licenses after certain convictions or declarations. 343.31(1)
(1) The department shall revoke a person's operating privilege upon receiving a record of conviction showing that the person has been convicted of any of the following offenses under a 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:
343.31(1)(am)
(am) Injury by the operation of a vehicle while under the influence of an intoxicant, a controlled substance or a controlled substance analog, or any combination of an intoxicant, a controlled substance and a controlled substance analog, under the influence of any other drug to a degree which renders him or her incapable of safely driving, or under the combined influence of an intoxicant and any other drug to a degree which renders him or her incapable of safely driving or while the person has a detectable amount of a restricted controlled substance in his or her blood or has a prohibited alcohol concentration and which is criminal under
s. 346.63 (2).
343.31(1)(ar)
(ar) Injury by the operation of a commercial motor vehicle while the person has an alcohol concentration of 0.04 or more but less than 0.08 and which is criminal under
s. 346.63 (6).
343.31(1)(b)
(b) Upon conviction for operation of a motor vehicle while under the influence of an intoxicant, controlled substance, controlled substance analog or a combination thereof, under the influence of any other drug to a degree which renders him or her incapable of safely driving, or under the combined influence of an intoxicant and any other drug to a degree which renders him or her incapable of safely driving, in accordance with the order of the court.
343.31(1)(c)
(c) Any felony in the commission of which a motor vehicle is used.
343.31(1)(d)
(d) Failure to stop and render aid as required under the laws of this state in the event of a motor vehicle accident resulting in death of or personal injury to another or in serious property damage.
343.31(1)(g)
(g) Operating a motor vehicle without having furnished proof of financial responsibility when proof of financial responsibility is required.
343.31(1)(hm)
(hm) A violation of
s. 343.44 (1) (a),
(b) or
(d), or a local ordinance in conformity therewith, if the person has been convicted of 3 or more prior violations of
s. 343.44 (1) (a),
(b) or
(d), or similar violations under s.
343.44 (1), 1997 stats., or a local ordinance in conformity therewith within the 5-year period preceding the violation. Revocation under this paragraph shall be for a period of 6 months unless a lesser period of revocation is ordered under
s. 343.30 (1g) (b).
343.31(2)
(2) The department shall revoke the operating privilege of any resident upon receiving notice of the conviction of such person in another jurisdiction for an offense therein which, if committed in this state, would have been cause for revocation under this section or for revocation under
s. 343.30 (1q). Such offenses shall include violation of any law of another jurisdiction that prohibits a person from using a motor vehicle while intoxicated or under the influence of a controlled substance or controlled substance analog, or a combination thereof; 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 his or her blood, as those or substantially similar terms are used in that jurisdiction's laws. Upon receiving similar notice with respect to a nonresident, the department shall revoke the privilege of the nonresident to operate a motor vehicle in this state. Such revocation shall not apply to the operation of a commercial motor vehicle by a nonresident who holds a valid commercial driver license issued by another state.
343.31(2m)
(2m) The department may suspend or revoke, respectively, the operating privilege of any resident upon receiving notice of the conviction of that person under a law of another jurisdiction or a federally recognized American Indian tribe or band in this state for an offense 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 permitted suspension or revocation of the person's operating privilege under
s. 343.30 (1g). Upon receiving similar notice with respect to a nonresident, the department may suspend or revoke the privilege of the nonresident to operate a motor vehicle in this state. The suspension or revocation shall not apply to the operation of a commercial motor vehicle by a nonresident who holds a valid commercial driver license issued by another state. A suspension or revocation under this subsection shall be for any period not exceeding 6 months.
343.31(2r)
(2r) The department shall suspend a person's operating privilege upon receiving a record of conviction showing that the person has been convicted of perjury or the making of a false affidavit or the making of a false statement or certification to the department under this chapter or any other law relating to the ownership or operation of motor vehicles.
343.31(2s)
(2s) The department may suspend a person's operating privilege for 2 years upon receiving a record of conviction under
s. 973.137. If the department receives a record of conviction under
s. 973.137 or a notice of suspension under
s. 938.34 (14q) for a person whose license or operating privilege is currently suspended or revoked or for a person who does not currently possess a valid operator's license, the suspension is first effective on the date on which the person is first eligible for issuance, renewal, or reinstatement of an operator's license.
343.31(2u)
(2u) The department shall suspend the operating privilege of a person who has been issued an occupational license upon receiving a record of conviction showing that the person has been convicted of any of the following offenses.
343.31(2u)(b)
(b) Exceeding by 20 or more miles per hour any lawful or posted maximum speed limit.
343.31(2u)(c)
(c) Participating in any race or speed or endurance contest.
343.31(2x)
(2x) The department shall suspend a person's operating privilege upon receiving a record of a declaration under
s. 54.25 (2) (c) 1. d. that the person is incompetent to apply for an operator's license. The department may reinstate the person's operator's license upon receiving a record of a declaration that the person is no longer incompetent to apply for an operator's license under
s. 54.25 (2) (c) 1. d., if the person is otherwise qualified under this chapter to obtain an operator's license.
343.31(3)(a)(a) Except as otherwise provided in this subsection or
sub. (2m),
(2s), or
(2x), all revocations or suspensions under this section shall be for a period of one year.
343.31(3)(b)
(b) If the revocation results from a first conviction of operation of a motor vehicle while under the influence of an intoxicant, controlled substance, controlled substance analog or a combination thereof, under the influence of any other drug to a degree which renders him or her incapable of safely driving, or under the combined influence of an intoxicant and any other drug to a degree which renders him or her incapable of safely driving and the conviction occurs in another jurisdiction, the period of revocation shall be 6 months.
343.31(3)(bm)
(bm) For any person convicted under a law of a federally recognized American Indian tribe or band in this state in conformity with
s. 346.63 (1):
343.31(3)(bm)1.
1. Except as provided in
subds. 3. and
4., the department shall revoke the person's operating privilege under this paragraph according to the number of previous suspensions, revocations or convictions that would be counted under
s. 343.307 (1). Suspensions, revocations and convictions arising out of the same incident shall be counted as one. If a person has a conviction, suspension or revocation for any offense that is counted under
s. 343.307 (1), that conviction, suspension or revocation shall count as a prior conviction, suspension or revocation under this subdivision.
343.31(3)(bm)2.
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 convictions under
ss. 940.09 (1) and
940.25 in the person's lifetime, plus the total number of suspensions, revocations, and other convictions counted under
s. 343.307 (1) 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 or, if the total number of convictions, suspensions, and revocations counted under this subdivision within any 5-year period equals 2 or more, after one year of the revocation period has elapsed, 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 convictions under
ss. 940.09 (1) and
940.25 in the person's lifetime, plus the total number of other suspensions, revocations and convictions counted under
s. 343.307 (1), 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 one year of the revocation period has elapsed, 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 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 under
s. 346.04 (3) 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)(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, 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(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.
