343.38(4)(4)First issuance of license in Wisconsin after suspension or revocation by another state. The department may issue an operator’s license to a person moving to this state whose operating privileges have been previously suspended or revoked in another state when their operating privilege has been reinstated in that state and the following conditions have been met:
343.38(4)(a)(a) When the period of suspension or revocation required by law for conviction for the same traffic violation in this state has terminated.
343.38(4)(b)(b) Acceptable proof of financial responsibility has been filed.
343.38(4)(c)(c) Application for a Wisconsin operator’s license has been made.
343.38(4)(d)(d) Any required examination has been passed.
343.38(4)(e)(e) The fees required for the issuance of an original license have been paid.
343.38(5)(5)Restrictions on license. If a court has ordered that the person’s operating privilege be restricted for a period of time after the revocation period is completed to operating vehicles equipped with an ignition interlock device, the license issued under this section shall include that restriction.
343.38 HistoryHistory: 1977 c. 29 s. 1654 (7) (a), (c); 1979 c. 306, 316; 1983 a. 525; 1989 a. 72; 1991 a. 277, 316; 1997 a. 27, 84; 1999 a. 143; 2007 a. 20; 2009 a. 100, 103; 2011 a. 173, 258; 2017 a. 172.
343.39343.39When operating privilege automatically reinstated.
343.39(1)(1)An operating privilege is automatically reinstated under any of the following circumstances:
343.39(1)(b)(b) When, in the case of a revocation, suspension, or disqualification based on a conviction, the conviction is reversed, set aside or vacated. This paragraph applies whether or not the conviction occurred in this state and whether or not the conviction was cause for revocation, suspension, or disqualification only when considered in connection with the person’s entire operating record.
343.39(1)(c)(c) Whenever any other provision of law provides for automatic reinstatement.
343.39(2)(2)Whenever a person’s operating privilege is automatically reinstated, the department shall forthwith notify such person thereof. If the person’s license is expired, the person may renew the license at the standard renewal fee at any time after the reinstatement of the person’s operating privilege. If the person states to the department that he or she no longer possesses the license because the license was surrendered to a court, and the person has satisfied all requirements under sub. (1), the department shall issue a new license without any additional fee for the license.
343.39 HistoryHistory: 1973 c. 90; 1977 c. 29 s. 1654 (7) (a); 1977 c. 273; 1991 a. 39, 277; 1993 a. 16; 1997 a. 84; 2007 a. 20; 2009 a. 100, 103.
343.39 AnnotationReinstatement under sub. (1) (b) is not retroactive to the date of conviction. State v. Orethun, 84 Wis. 2d 487, 267 N.W.2d 318 (1978).
343.40343.40Judicial review of suspension, revocation, cancellation or denial of license. The denial or cancellation of a license or the revocation or suspension of an operating privilege is subject to judicial review in the manner provided in ch. 227 for the review of administrative decisions.
343.40 HistoryHistory: 1977 c. 43, 187.
subch. IV of ch. 343SUBCHAPTER IV
UNLAWFUL PRACTICES RELATIVE TO LICENSES
343.43343.43Unlawful use of license.
343.43(1)(1)No person shall:
343.43(1)(a)(a) Represent as valid any canceled, revoked, suspended, fictitious or fraudulently altered license; or
343.43(1)(b)(b) Sell or lend that person’s license to any other person or knowingly permit the use thereof by another; or
343.43(1)(c)(c) Represent as one’s own any license not issued to that person; or
343.43(1)(d)(d) Violate any of the restrictions placed on that person’s license by or pursuant to law; or
343.43(1)(e)(e) Permit any unlawful use of a license issued to that person; or
343.43(1)(f)(f) Reproduce by any means whatever a copy of a license, unless the reproduction is done pursuant to rules promulgated by the department and for a valid business or occupational purpose; or
343.43(1)(g)(g) Deface or alter a license except to endorse a change of address authorized by s. 343.22 (2).
343.43(2)(2)Whenever a license or identification card which appears to be altered is displayed to a law enforcement officer, agent of the secretary or the court, that person shall take possession of the license or identification card and return it to the department for cancellation. A notation of change of address properly endorsed on the license under s. 343.22 shall not of itself be reason to consider the license altered.