343.30(4)(4) Whenever a court suspends or revokes an operating privilege under this section, the court may take possession of any suspended or revoked license. If the court takes possession of a license, it shall destroy the license. The court shall forward, as provided in s. 345.48, to the department the record of conviction and notice of suspension or revocation. Whenever a court restricts the operating privilege of a person, the court shall forward notice of the restriction to the department. 343.30(5)(5) No court may suspend or revoke an operating privilege except as authorized by this chapter or ch. 345, 351, or 938 or s. 767.73, 800.095 (1) (a), 943.21 (3m), or 961.50. When a court revokes, suspends, or restricts a juvenile’s operating privilege under ch. 938, the department of transportation shall not disclose information concerning or relating to the revocation, suspension, or restriction to any person other than a court, district attorney, county corporation counsel, city, village, or town attorney, law enforcement agency, driver licensing agency of another jurisdiction, or the minor whose operating privilege is revoked, suspended, or restricted, or his or her parent or guardian. Persons entitled to receive this information shall not disclose the information to other persons or agencies. 343.30(6)(a)(a) In this subsection, “violation” means a violation of s. 125.07 (4) (a) or (b), 125.085 (3) (b) or 125.09 (2) or a local ordinance that strictly conforms to one of those statutes or a law of a federally recognized American Indian tribe or band in this state that strictly conforms to one of those statutes. 343.30(6)(b)2.2. For a violation committed within 12 months of a previous violation, suspension for not more than one year. 343.30(6)(b)3.3. For a violation committed within 12 months of 2 or more previous violations, suspension for not more than 2 years. 343.30(6)(bm)(bm) If the court imposes a suspension of a person’s operating privilege under s. 125.085 (3) (bd), the suspension shall be for 30 to 90 days. 343.30(6)(c)(c) Except as provided by par. (d), the suspension of the operating privilege under this subsection shall commence on the date of disposition. 343.30(6)(d)(d) If the person subject to suspension under this subsection does not hold a valid license under this chapter other than a license under s. 343.07 or 343.08 on the date of disposition, the suspension under par. (b) shall commence on the date on which the person is first eligible for issuance, renewal, or reinstatement of an operator’s license under this chapter. 343.30 HistoryHistory: 1971 c. 213 s. 5; 1971 c. 278; 1973 c. 70, 218; 1975 c. 5; 1975 c. 184 s. 13; 1975 c. 199, 297, 421; 1977 c. 29 s. 1654 (7) (a), (c); 1977 c. 30, 64, 193, 203; 1979 c. 221, 300, 331, 333, 355; 1981 c. 20; 1981 c. 79 s. 18; 1983 a. 17; 1983 a. 74 ss. 23m to 26, 32; 1983 a. 192; 1985 a. 80, 176, 337; 1987 a. 3, 17, 285; 1987 a. 332 s. 64; 1989 a. 7, 31, 105, 121, 336; 1991 a. 39, 251, 277, 316; 1993 a. 16, 227, 317; 1995 a. 27, 77, 269, 338, 401, 425, 448; 1997 a. 35, 84, 135, 237, 283; 1999 a. 32, 109, 143; 2001 a. 15, 16, 38; 2003 a. 30, 80; 2005 a. 277; 2005 a. 443 s. 265; 2005 a. 466; 2007 a. 20 ss. 3300, 9121 (6) (a); 2007 a. 134; 2009 a. 100, 102, 103, 402; 2011 a. 113, 173, 262; 2013 a. 246; 2015 a. 55; 2017 a. 105; 2021 a. 238 s. 44; 2025 a. 88, 210. 343.30 Cross-referenceCross-reference: See also ch. DHS 62, Wis. adm. code. 343.30 AnnotationThe limitation under sub. (5) that no court may suspend or revoke an operating privilege except as authorized by statute precludes not only restrictions on obtaining a physical license document, but also on the privilege to operate a vehicle. A court’s broad authority to fashion appropriate conditions of extended supervision is limited by the provisions of this section concerning suspension and revocation of operating privileges by the courts. State v. Hoppe, 2014 WI App 51, 354 Wis. 2d 219, 847 N.W.2d 869, 13-1457. 343.30 AnnotationSuspension or revocation of operating privileges applies to both a regular driver license and to a chauffeur’s license. 63 Atty. Gen. 240.
343.301343.301 Installation of ignition interlock device. 343.301(1g)(a)(a) A court shall enter an order under par. (am) if either of the following applies: 343.301(1g)(a)2.a.a. The person had an alcohol concentration of 0.15 or more at the time of the offense. 343.301(1g)(a)2.b.b. The person has a total of one or more prior convictions, suspensions, or revocations, counting convictions under ss. 940.09 (1) and 940.25 in the person’s lifetime and other convictions, suspensions, and revocations counted under s. 343.307 (1). 343.301(1g)(am)1.1. That the person’s operating privilege for the operation of “Class D” vehicles be restricted to operating vehicles that are equipped with an ignition interlock device and, except as provided in sub. (1m), shall order that each motor vehicle for which the person’s name appears on the vehicle’s certificate of title or registration be equipped with an ignition interlock device. Effective date noteNOTE: Subd. 1. is amended by 2025 Wis. Act 210 eff. on the first day of the 12th month beginning after the date specified in the Department of Transportation notice published in the Wisconsin Administrative Register under 2025 Wis. Act 210, section 17 (2), to read: Effective date text1. That the person’s operating privilege for the operation of “Class D” vehicles be restricted to operating vehicles that are equipped with an ignition interlock device, that the person be prohibited from operating “Class M” vehicles, and, except as provided in sub. (1m), that each motor vehicle for which the person’s name appears on the vehicle’s certificate of title or registration be equipped with an ignition interlock device.
343.301(1g)(am)2.2. That the person participate in a program described in s. 165.957 or that meets the definition of a 24-7 sobriety program under 23 USC 405 (d) (7) (A) and regulations adopted thereunder. If the court enters an order under this subdivision, when the person completes or otherwise does not participate in the program, the court shall order that the person’s operating privilege for the operation of “Class D” vehicles be restricted to operating vehicles that are equipped with an ignition interlock device, shall specify the duration of the order, shall, except as provided in sub. (1m), order that each motor vehicle for which the person’s name appears on the vehicle’s certificate of title or registration be equipped with an ignition interlock device, and shall notify the department of such order. 343.301(1m)(a)(a) If equipping each motor vehicle with an ignition interlock device under sub. (1g) would cause an undue financial hardship, the court may order that one or more vehicles described in sub. (1g) not be equipped with an ignition interlock device. 343.301(1m)(b)(b) An order under sub. (1g) does not apply to a vehicle for which the department has not approved an ignition interlock device capable of being installed on the vehicle. 343.301(2m)(a)(a) If the court enters an order under sub. (1g) (am) 1., the restriction of the person’s operating privilege under the order under sub. (1g) (am) 1. shall begin on the date the order under sub. (1g) (am) 1. is issued and extend for a period of not less than one year after the date the department issues any license granted under this chapter nor more than the maximum operating privilege revocation period permitted for the refusal or violation after the date the department issues any license granted under this chapter except that if the maximum operating privilege revocation period is less than one year, the restriction of the person’s operating privilege under sub. (1g) (am) 1. shall extend for a period of one year after the department issues any license granted under this chapter. If the court enters an order under sub. (1g) (am) 1., the court may specify the date by which an ignition interlock device under sub. (1g) (am) 1. shall be installed. 343.301(2m)(b)(b) If the court enters an order under sub. (1g) (am) 2. that does not restrict a person’s operating privilege for the operation of “Class D” vehicles to operating vehicles that are equipped with an ignition interlock device while he or she participates in a program, the court shall order that the time period during which the person participates in a program, combined with the time period for which the person’s operating privilege is restricted under sub. (1g) (am) 2. equals not less than one year nor more than the maximum operating privilege revocation period permitted for the refusal or violation, except that if the maximum operating privilege revocation period is less than one year, the time period shall equal one year. The time period for which the person’s operating privilege is restricted under sub. (1g) (am) 2. begins on the date the department issues any license granted under this chapter. The court may order the person to install an ignition interlock device under sub. (1g) (am) 2. immediately after his or her participation in the program ends or while the person completes the program and for the additional period of time required under this paragraph, and shall notify the department of the date the person’s participation ended and the duration of the order restricting the operating privilege. A person subject to an order requiring installation of an ignition interlock device shall, within 2 weeks after the date on which installation of the ignition interlock device is required under the order, submit proof to the sheriff in his or her county of residence that an ignition interlock device has been installed in each motor vehicle to which the order applies. 343.301(3)(a)(a) Except as provided in par. (b), if the court enters an order under sub. (1g), the person shall be liable for the reasonable cost of equipping and maintaining any ignition interlock device installed on his or her motor vehicle. Effective date noteNOTE: Par. (a) is amended by 2025 Wis. Act 210 eff. on the first day of the 12th month beginning after the date specified in the Department of Transportation notice published in the Wisconsin Administrative Register under 2025 Wis. Act 210, section 17 (2), to read: Effective date text(a) Except as provided in par. (b), if the court enters an order under sub. (1g), the person shall be liable for the reasonable cost of equipping and maintaining any ignition interlock device installed on his or her motor vehicle. If the person removes the ignition interlock device without providing documentation from the department indicating that their operating privilege has been restored, the person shall be responsible for the costs of reinstallation of an ignition interlock device.
343.301(3)(b)(b) If the court finds that the person who is subject to an order under sub. (1g) has a household income that is at or below 150 percent of the nonfarm federal poverty line for the continental United States, as defined in 42 USC 9902 (2), the court shall limit the person’s liability under par. (a) to one-half of the cost of equipping each motor vehicle with an ignition interlock device and one-half of the cost per day per vehicle of maintaining the ignition interlock device. 343.301(4)(4) A person to whom an order under sub. (1g) applies violates that order if he or she fails to have an ignition interlock device installed as ordered, removes or disconnects an ignition interlock device, requests or permits another to blow into an ignition interlock device or to start a motor vehicle equipped with an ignition interlock device for the purpose of providing the person an operable motor vehicle without the necessity of first submitting a sample of his or her breath to analysis by the ignition interlock device, or otherwise tampers with or circumvents the operation of the ignition interlock device. 343.301(5)(5) If the court enters an order under sub. (1g), the court shall impose and the person shall pay to the clerk of court an ignition interlock surcharge of $50. The clerk of court shall transmit the amount to the county treasurer. 343.301(6)(a)(a) In this subsection, “violation” means a breath sample that is above the alcohol setpoint of 0.020 grams of alcohol per 210 liters of breath or failure to provide a passing breath sample within the retest window. “Violation” does not include a detectable breath sample that passes a test immediately following a failed test or in response to a bypass or circumvention attempt. 343.301(6)(b)(b) Notwithstanding sub. (2m) (a) and (b), and subject to par. (c), the restriction of a person’s operating privilege under an order under sub. (1g) (am) 1. shall be extended by 180 days for each occurrence of any of the following events that occurs 60 days or more after the installation of an ignition interlock device: 343.301(6)(b)1.1. Tampering with or attempting to circumvent an ignition interlock device. 343.301(6)(b)2.2. Removing an ignition interlock device without authorization. 343.301(6)(b)3.3. Failure to service an ignition interlock device that results in the ignition interlock device entering lockout mode. 343.301(6)(b)4.4. Any attempt to start a motor vehicle with a breath alcohol concentration of 0.020 or more. 343.301(6)(b)5.5. Failure to take a random breath test unless a review of the digital image confirms that the motor vehicle was not occupied by the person at the time of the missed test. 343.301(6)(c)(c) The department shall determine that a person did not commit a violation upon receipt of documentation or information, provided by the person’s ignition interlock device provider, indicating that a reported violation resulted from a malfunction of the ignition interlock device for which the person was not responsible. 343.301(6)(d)(d) The department shall develop an electronic process by which an approved ignition interlock device provider may identify the start date of the restriction of a person’s operating privilege under sub. (2m) and provide to the department real-time notice of usage and violations and a final compliance report. Effective date noteNOTE: Sub. (6) is created by 2025 Wis. Act 210 eff. on the first day of the 12th month beginning after the date specified in the Department of Transportation notice published in the Wisconsin Administrative Register under 2025 Wis. Act 210, section 17 (2). 343.301(7)(7) A person to whom an order is entered under sub. (1g) shall provide to the ignition interlock device service provider all of the following: 343.301(7)(a)(a) The county in which the person was convicted and the person’s case number. 343.301(7)(b)(b) The start and end dates for the ignition interlock device requirement. Effective date noteNOTE: Sub. (7) is created by 2025 Wis. Act 210 eff. on the first day of the 12th month beginning after the date specified in the Department of Transportation notice published in the Wisconsin Administrative Register under 2025 Wis. Act 210, section 17 (2). 343.301(8)(8) An ignition interlock device shall conduct a retest after each failed or skipped test. If a person fails or skips a retest, the person is guilty of an ignition interlock device violation. Effective date noteNOTE: Sub. (8) is created by 2025 Wis. Act 210 eff. on the first day of the 12th month beginning after the date specified in the Department of Transportation notice published in the Wisconsin Administrative Register under 2025 Wis. Act 210, section 17 (2). 343.301(9)(a)(a) When a person to whom an order is entered under sub. (1g) reaches the date on which the order is set to end, the person shall return to the ignition interlock device service provider for final service, data download, and compliance-based review. The service provider shall complete the compliance-based review no later than 7 business days after the data is downloaded from the ignition interlock device, except that a service provider may not begin the compliance-based review until all information required under sub. (7) is provided. 343.301(9)(b)(b) If a service provider conducts a compliance-based review for a person to whom an order is entered under sub. (1g) and determines that an event specified under sub. (6) (b) has occurred, the service provider shall notify the department. 343.301(9)(c)(c) Upon receipt of notice from a service provider that an event specified under sub. (6) (b) has occurred that requires extension of a person’s ignition interlock device order, the department shall extend the person’s order as required under sub. (6) (b), subject to par. (d). The department shall notify the person in writing that the person’s ignition interlock device order is extended, beginning 10 days from the date of the written notice. 343.301(9)(d)(d) A person who receives notice under par. (c) of an extension of their ignition interlock device order may, within 15 business days of the date of the notice, provide the service provider with a written rebuttal of the event that the service provider determines requires an extension. The service provider shall, within 7 business days of the rebuttal, conduct a review of the person’s rebuttal and notify the department and the person of the final determination. If the original determination is confirmed, the department’s extension of the ignition interlock device order shall be upheld. If the original determination is reversed, the service provider shall correct the person’s record and the department shall reverse the extension of the ignition interlock device order. Effective date noteNOTE: Sub. (9) is created by 2025 Wis. Act 210 eff. on the first day of the 12th month beginning after the date specified in the Department of Transportation notice published in the Wisconsin Administrative Register under 2025 Wis. Act 210, section 17 (2). 343.301 AnnotationSub. (1g) (b) 2. requires an order for ignition interlock devices when a person violates s. 346.63 (1) and has one or more prior operating while intoxicated (OWI) convictions. Sub. (1g) (b) 2. provides no restrictions on how to count prior convictions for purposes of ordering ignition interlock devices. The ten-year look-back provision in s. 346.65 (2) (am) 2. for purposes of determining whether to charge or penalize a repeat OWI offender civilly or criminally is independent of and has no effect on orders for ignition interlock devices under this section. Village of Grafton v. Seatz, 2014 WI App 23, 352 Wis. 2d 747, 845 N.W.2d 672, 13-1414. 343.301 AnnotationWisconsin’s New OWI Law. Mishlove & Stuckert. Wis. Law. June 2010.
343.302343.302 Ignition interlock device tampering; failure to install. 343.302(1)(1) No person may remove, disconnect, tamper with, or otherwise circumvent the operation of an ignition interlock device installed in response to the court order under s. 346.65 (6), 1999 stats., or s. 343.301 (1), 2007 stats., or s. 343.301 (1g), or fail to have the ignition interlock device installed as ordered by the court, or violate a court order under s. 343.301 (1g) (am) 1. or a court order restricting the person’s operating privilege under s. 343.301 (1g) (am) 2., or violate an ignition interlock device restriction under s. 343.10 (5) (a) 3. This subsection does not apply to the removal or repair of an ignition interlock device by a service provider. 343.302(2)(2) Any person violating sub. (1) shall be fined not less than $350 nor more than $1,100 and imprisoned for not less than 5 days nor more than 6 months. 343.302(3)(3) The department shall design a warning label which shall be affixed to each ignition interlock device upon installation. The label shall provide notice of the penalties for tampering with or circumventing the operation of the ignition interlock device under sub. (1) and s. 343.10 (5) (a) 3. Effective date noteNOTE: This section is shown as renumbered from s. 347.413 and affected by 2025 Wis. Act 210, sections 11 and 13, eff. on the first day of the 12th month beginning after the date specified in the Department of Transportation notice published in the Wisconsin Administrative Register under 2025 Wis. Act 210, section 17 (2). 343.303343.303 Preliminary screening test. If a law enforcement officer has probable cause to believe that the person is violating or has violated s. 346.63 (1) or (2m) or a local ordinance in conformity therewith, or s. 346.63 (2) or (6) or 940.25 or s. 940.09 where the offense involved the use of a vehicle, or if the officer detects any presence of alcohol, a controlled substance, controlled substance analog or other drug, or a combination thereof, on a person driving or operating or on duty time with respect to a commercial motor vehicle or has reason to believe that the person is violating or has violated s. 346.63 (7) or a local ordinance in conformity therewith, the officer, prior to an arrest, may request the person to provide a sample of his or her breath or oral fluids, or both, for a preliminary screening test using a device approved by the department for this purpose. The result of this preliminary screening test may be used by the law enforcement officer for the purpose of deciding whether or not the person shall be arrested for a violation of s. 346.63 (1), (2m), (5) or (7) or a local ordinance in conformity therewith, or s. 346.63 (2) or (6), 940.09 (1) or 940.25 and whether or not to require or request chemical tests as authorized under s. 343.305 (3). The result of the preliminary screening test shall not be admissible in any action or proceeding except to show probable cause for an arrest, if the arrest is challenged, or to prove that a chemical test was properly required or requested of a person under s. 343.305 (3). Following the screening test, additional tests may be required or requested of the driver under s. 343.305 (3). The general penalty provision under s. 939.61 (1) does not apply to a refusal to take a preliminary screening test. A law enforcement officer may collect and retain a sample of a person’s oral fluids only to the extent necessary to perform a preliminary screening test under this section and shall destroy the sample, or return the sample to the person, after conducting the preliminary screening test. A law enforcement officer may not collect or retain a sample of a person’s oral fluids under this section for any purpose other than a preliminary screening test. 343.303 AnnotationA prosecutor’s statement that the defendant failed a preliminary breath test was improper, but evidence that the defendant refused to take a breathalyzer test was relevant and constitutionally admissible. State v. Albright, 98 Wis. 2d 663, 298 N.W.2d 196 (Ct. App. 1980). 343.303 AnnotationA preliminary breath test result is not determinative of probable cause to arrest for driving while intoxicated. A low test result does not void the grounds for arrest. Dane County v. Sharpee, 154 Wis. 2d 515, 453 N.W.2d 508 (Ct. App. 1990). 343.303 AnnotationThe bar of preliminary breath tests under this section is limited to proceedings related to arrests for offenses contemplated under this statute including those related to motor vehicles and intoxication. State v. Beaver, 181 Wis. 2d 959, 512 N.W.2d 254 (Ct. App. 1994). 343.303 AnnotationThis section bars the evidentiary use of preliminary breath test (PBT) results in motor vehicle violation cases, but not in other actions. Prosecutors who wish to rely on PBT results are required to present evidence of the device’s scientific accuracy as a foundation for admission. State v. Doerr, 229 Wis. 2d 616, 599 N.W.2d 897 (Ct. App. 1999), 98-1047. 343.303 Annotation“Probable cause to believe” refers to a quantum of evidence greater than reasonable suspicion to make an investigative stop, but less than probable cause to make an arrest. County of Jefferson v. Renz, 231 Wis. 2d 293, 603 N.W.2d 541 (1999), 97-3512. 343.303 AnnotationBlood may be drawn in a search incident to an arrest for a non-drunk-driving offense if the police reasonably suspect that the defendant’s blood contains evidence of a crime. This section does not prohibit the consideration of a suspect’s refusal to submit to a preliminary breath test for purposes of determining whether a warrantless involuntary draw of the suspect’s blood was supported by reasonable suspicion. State v. Repenshek, 2004 WI App 229, 277 Wis. 2d 780, 691 N.W.2d 369, 03-3089. 343.303 AnnotationUnder St. George, 2002 WI 50, for a defendant to establish a constitutional right to the admissibility of proffered expert testimony, the defendant must satisfy a two-part inquiry determining whether the evidence is clearly central to the defense and the exclusion of the evidence is arbitrary and disproportionate to the purpose of the rule of exclusion, so that exclusion undermines fundamental elements of the defendant’s defense. In an operating while intoxicated prosecution, even if a defendant establishes a constitutional right to present an expert opinion that is based in part on preliminary breath test results, the right to do so is outweighed by the state’s compelling interest to exclude that evidence. State v. Fischer, 2010 WI 6, 322 Wis. 2d 265, 778 N.W.2d 629, 07-1898. But see Fischer v. Ozaukee County Circuit Court, 741 F. Supp. 2d 944 (2010). 343.303 AnnotationProbable cause exists to request a preliminary breath test sample when the driver is known to be subject to a 0.02 prohibited alcohol content standard, the officer knows it would take very little alcohol for the driver to exceed that limit, and the officer smells alcohol on the driver. State v. Goss, 2011 WI 104, 338 Wis. 2d 72, 806 N.W.2d 918, 10-1113. 343.303 AnnotationA preliminary breath test may be requested when an officer has a basis to justify an investigative stop but has not established probable cause to justify an arrest. Under the facts of this case, the officer would have been justified in asking the defendant to take a preliminary breath test without asking him to perform any field-sobriety tests. That the defendant successfully completed all properly administered field-sobriety tests did not subtract from the common-sense view that the defendant may have had an impermissible blood-alcohol level. State v. Felton, 2012 WI App 114, 344 Wis. 2d 483, 824 N.W.2d 871, 11-2119. 343.303 AnnotationThe Wisconsin Supreme Court’s decision in Fischer, 2010 WI 6, affirming the exclusion of the defendant’s expert’s testimony using preliminary breath test results involved an unreasonable application of federal law as determined by the U.S. Supreme Court. Fischer v. Ozaukee County Circuit Court, 741 F. Supp. 2d 944 (2010). 343.305343.305 Tests for intoxication; administrative suspension and court-ordered revocation. 343.305(1)(b)(b) “Drive” means the exercise of physical control over the speed and direction of a motor vehicle while it is in motion. 343.305(1)(c)(c) “Operate” means the physical manipulation or activation of any of the controls of a motor vehicle necessary to put it in motion.
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