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.
343.307 Annotation
The final phrase of sub. (1) (d), “as those or substantially similar terms are used in that jurisdiction's laws," indicates the broad scope of that provision. When determining a penalty, Wisconsin counts prior offenses committed in states with OWI statutes that differ significantly from Wisconsin's. “Substantially similar" simply emphasizes that the out-of-state statute need only prohibit conduct similar to the list of prohibited conduct in sub. (1) (d). State v. Puchacz,
2010 WI App 30,
323 Wis. 2d 741,
780 N.W.2d 536,
09-0840.
343.307 Annotation
The definition of “conviction" in s. 340.01 (9r) applies to “convictions" in sub. (1) (d). Under sub. (1) (d), the other jurisdiction need only have a law that prohibits conduct specified in sub. (1) (d). The Illinois “zero tolerance" law punishes a person who is less than 21 years of age for refusing to submit to a chemical test, or for using a motor vehicle with an alcohol concentration above 0.00 and thus, in the context of sub. (1) (d), was a conviction under a law of another jurisdiction that prohibits refusal of chemical testing or prohibits using a motor vehicle with an excess or specified range of alcohol concentration. State v. Carter,
2010 WI 132,
330 Wis. 2d 1,
794 N.W.2d 213,
08-3144.
343.307 Annotation
In sub. (1) (d), the phrase “with an excess or specified range of alcohol concentration" modifies the phrase “using a motor vehicle," not the phrase “
using a motor vehicle while intoxicated or under the influence of a controlled substance or controlled substance analog, or a combination thereof." Thus, the statute should be read as follows: convictions under the law of another jurisdiction that prohibits a person from using a motor vehicle with an excess or specified range of alcohol concentration. State v. Carter,
2010 WI 132,
330 Wis. 2d 1,
794 N.W.2d 213,
08-3144.
343.307 Annotation
Section 340.01 (9r) defines “conviction" as including having “violated or failed to comply with the law in a court of original jurisdiction." By not appearing in court on the specified date, as directed, the defendant did not “comply with the law." State v. Marilee Devries,
2011 WI App 78,
334 Wis. 2d 430,
801 N.W.2d 336,
09-3166.
343.307 Annotation
The elements of an underlying first-offense OWI need not be proven to a jury beyond a reasonable doubt in a criminal proceeding for a subsequent OWI violation. State v. Verhagen,
2013 WI App 16,
346 Wis. 2d 196,
827 N.W.2d 891,
11-2033.
343.307 Annotation
Sub. (1) (d)'s inclusion of out-of-state convictions under a law that prohibits driving “with an excess or specified range of alcohol concentration" does not violate the Equal Protection Clause, even if a consequence is to treat Illinois zero tolerance offenses differently than Wisconsin absolute sobriety offenses. Ease of administration in Wisconsin courts provides a rational basis for a single, straightforward, and broad definition of out-of-state offenses applicable to all other jurisdictions. The definition consistently counts all convictions under out-of-state laws prohibiting driving with an excess or specified range of alcohol concentration regardless of their labels or treatment. State v. Hirsch,
2014 WI App 39,
353 Wis. 2d 453,
847 N.W.2d 192,
13-0427.
343.307 Annotation
Every term in sub. (1) (d) relates in some way to a person operating a motor vehicle with either drugs or alcohol, or both, in his or her system. That critical aspect is completely absent from the reckless driving offense of which the defendant was convicted. The initial charge, sanctions, and potential future consequences are of no moment. State v. Jackson,
2014 WI App 50,
354 Wis. 2d 99,
851 N.W.2d 465,
13-1282.
343.307 Annotation
A conviction that has been collaterally attacked meets the definition of “conviction" under s. 340.01 (9r) because a collateral attack does not overturn or vacate the conviction. Instead, it attempts to avoid the conviction's force of law in a subsequent criminal proceeding. Thus, as long as the adjudication of guilt is unvacated, the conviction remains on DOT's records and should be counted in determining whether to revoke the offender's operating privilege.
OAG 2-14.
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(1m)(a)(a) In this subsection, “qualifying conviction" means any of the following:
343.31(1m)(a)2.
2. A conviction for a crime punishable as a felony under chs.
341 to
348 or a felony in the commission of which a motor vehicle is used.
343.31(1m)(b)
(b) If the number of convictions under ss.
940.09 (1) and
940.25 in the person's lifetime, plus the total number of other convictions, suspensions, and revocations counted under s.
343.307 (1), equals 4 or more, and the 4th conviction, suspension, or revocation occurs within 15 years of the previous conviction, suspension, or revocation, the department shall revoke the person's operating privilege permanently. The person is not eligible for an occupational license under s.
343.10. After 10 years of the revocation period have elapsed, the person may apply for reinstatement under s.
343.38.
343.31(1m)(c)
(c) If the number of convictions under ss.
940.09 (1) and
940.25 in the person's lifetime, plus the total number of other convictions, suspensions, and revocations counted under s.
343.307 (1) within a 25-year period, equals 2 or more, and the person has 2 or more qualifying convictions, the department shall revoke the person's operating privilege permanently. The person is not eligible for an occupational license under s.
343.10. After 10 years of the revocation period have elapsed, the person may apply for reinstatement under s.
343.38.
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 (1d) or
(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(2t)(a)(a) The department shall suspend a person's operating privilege upon receiving a record of conviction for a violation of s.
346.05 (1),
346.06,
346.07 (2) or
(3),
346.09,
346.18,
346.23,
346.31,
346.37 (1) (a) 1.,
(c) 3., or
(d) 1.,
346.39 (1),
346.46 (1) or
(4) (a),
346.47 (1) or
(2), or
346.87 or a local ordinance in conformity therewith, resulting in great bodily harm, as defined in s.
939.22 (14), or death, as follows:
343.31(2t)(a)2.
2. For a period of 3 months, if the offense resulted in great bodily harm to another but did not result in the death of another.
343.31(2t)(a)3.
3. For a period of 9 months, if the offense resulted in the death of another.
343.31(2t)(b)
(b) If a person is convicted of violating s.
346.05 (1),
346.06,
346.07 (2) or
(3),
346.09,
346.18,
346.23,
346.31,
346.37 (1) (a) 1.,
(c) 3., or
(d) 1.,
346.39 (1),
346.46 (1) or
(4) (a),
346.47 (1) or
(2), or
346.87 or a local ordinance in conformity therewith, in addition to any other penalty provided by law, the department shall order the person to attend a vehicle right-of-way course whose mode of instruction is approved by the secretary and which is conducted by any regularly established safety organization, by the provider of driver education courses approved under s.
38.04 (4) or
115.28 (11), or by a driver school licensed under s.
343.61. The course of instruction shall acquaint the person with vehicle right-of-way rules and provide instruction on motorcycle, pedestrian, and bicycle awareness. If the course is conducted by the provider of approved driver education courses or a driver school, the provider or driver school shall issue to the person a certificate upon successful completion of the course. If a person's operating privilege has been suspended under par.
(a) or
(c), the department may not reinstate the person's operating privilege unless the person has successfully completed the course required under this paragraph.
343.31(2t)(c)
(c) If a person is convicted of violating s.
346.05 (1),
346.06,
346.07 (2) or
(3),
346.09,
346.18,
346.23,
346.31,
346.37 (1) (a) 1.,
(c) 3., or
(d) 1.,
346.39 (1),
346.46 (1) or
(4) (a),
346.47 (1) or
(2), or
346.87 or a local ordinance in conformity therewith and great bodily harm or death did not result, and the person has not completed the course required under par.
(b) within 6 months of the department ordering the person to attend the course, the department shall suspend the person's operating privilege until the person successfully completes the course. The department may not suspend a person's operating privilege for more than 5 years under this subsection.
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.
(1m),
(2m),
(2s),
(2t), 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(4)
(4) For any revocation the department orders under sub.
(1) (a),
(am),
(ar), or
(b), if the offense is criminal under s.
940.09 and involved the use of a motor vehicle, or if the offense is criminal under s.
940.25, or under sub.
(3), the department shall extend the revocation period by the number of days to which a court sentences the person to imprisonment in a jail or prison.
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;
2009 a. 100,
102,
121;
2011 a. 113,
173 ss.
2,
3,
6;
2017 a. 105,
172.
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(1g)(1g)
Definition. In this section, “engaged in commercial motor vehicle-related activities" means all of the following:
343.315(1g)(b)
(b) Operating or using any motor vehicle on or after September 30, 2005, if the person operating or using the vehicle has ever held a commercial driver license, has ever operated a commercial motor vehicle on a highway, or has ever been convicted of a violation related to, or been disqualified from, operating a commercial motor vehicle.
343.315(1m)
(1m) 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 pars.
(b) and
(bm), 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 while engaged in commercial motor-vehicle related activities:
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 (7) or
(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 (7) or
(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, or prohibiting positive results from such chemical testing, 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 motor vehicle.
343.315(2)(am)
(am) 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 causing a fatality through negligent or criminal operation of a motor vehicle, committed on or after July 1, 1987, and before September 30, 2005, while driving or operating any motor vehicle.
343.315(2)(b)
(b) If any of the violations listed in par.
(a) or
(am) 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.
