343.30 Suspension and revocation by the courts.

1,434 words·~7 min read·/wi/chapter-343/343-30

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(1)A court may suspend a person’s operating privilege for any period not exceeding one year upon such person’s conviction in such court of violating any of the state traffic laws or any local ordinance enacted under ch. 349 , other than a violation of s. 346.05

(1), 346.06 , 346.07

(2)or

(3), 346.09 , 346.18 , 346.23 , 346.31 , 346.37

(a)1. ,

(d)1. , 346.39

(1), 346.46

(1)or

(a), 346.47

(1)or

(2), or 346.87 or a local ordinance in conformity therewith for which operating privilege suspension is required under s. 343.31

(a).

(1d)A court shall revoke a person’s operating privilege upon the person’s conviction for violating s. 343.05

(a)or a local ordinance in conformity therewith if the person, in the course of the violation, causes great bodily harm, as defined in s. 939.22

(14), to another person or the death of another person. Any revocation under this subsection shall be for a period of 6 months, unless the court orders a period of revocation of less than 6 months and places its reasons for ordering the lesser period of revocation on the record.

(a)Subject to pars.

(b)and

(c), a court may suspend a person’s operating privilege for any period not exceeding 6 months upon the person’s conviction for violating s. 343.44

(a),

(b), or

(d)or a local ordinance in conformity therewith.

(b)Except as provided in par.

(c), a court may revoke a person’s operating privilege upon the person’s conviction for violating s. 343.44

(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

(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.

(c)A court shall revoke a person’s operating privilege upon the person’s conviction for violating s. 343.44

(a)or

(b), or a local ordinance in conformity with s. 343.44

(a), if the person, in the course of the violation, causes great bodily harm, as defined in s. 939.22

(14), to another person or the death of another person.

(d)Any revocation under this subsection shall be for a period of 6 months, unless the court orders a period of revocation of less than 6 months and places its reasons for ordering the lesser period of revocation on the record.

(1n)A court shall suspend the operating privilege of a person for a period of 15 days upon the person’s conviction by the court of exceeding the applicable speed limit as established by s. 346.57

(gm)or

(h), by 25 or more miles per hour. If the conviction makes the person subject to suspension under s. 343.085 or 343.32 , the court shall order the suspension of the person’s operating privilege and notify the secretary of the order. Upon receiving the notice, the secretary shall act as authorized under s. 343.32 or 343.085 . Any suspension under this subsection shall date from the day the secretary acts on the order of suspension of the operating privilege.

(1o)Upon conviction of a person for violating s. 346.072 , the court shall suspend the violator’s operating privilege as follows:

(a)For a period of not less than 90 days nor more than one year, if the offense resulted in damage to the property of another but did not result in bodily harm to another.

(b)For a period of not less than 180 days nor more than 2 years, if the offense resulted in bodily harm to another but did not result in the death of another.

(c)For a period of 2 years, if the offense resulted in the death of another.

(1p)Notwithstanding sub.

(1), a court shall suspend the operating privilege of a person for 3 months upon the person’s conviction by the court for violation of s. 346.63

(2m)or a local ordinance in conformity with s. 346.63

(2m). 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

(2m)or a local ordinance in conformity with s. 346.63

(2m), the court shall suspend the operating privilege of the person for 6 months.

(a)If a person is convicted under s. 346.63

(1)or a local ordinance in conformity therewith, the court shall proceed under this subsection. If a person is convicted under s. 346.63

(2)or 940.25 , or s. 940.09 where the offense involved the use of a vehicle, the court shall proceed under pars.

(c)and

(d). If a person is referred by the department acting under s. 343.16

(a), the department shall proceed under pars.

(c)and

(d)without the order of the court.

(b)For persons convicted under s. 346.63

(1)or a local ordinance in conformity therewith:

1. Except as provided in subds. 3. and 4. , the court 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.

2. Except as provided in sub.

(1r)or subd. 3. , 4. or 4m. , for the first conviction, the court shall revoke the person’s operating privilege for not less than 6 months nor more than 9 months. The person is eligible for an occupational license under s. 343.10 at any time.

3. Except as provided in sub.

(1r)or 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 convictions, suspensions, and revocations counted under s. 343.307

(1)within a 10-year period, equals 2, the court shall revoke the person’s operating privilege for not less than one year nor more than 18 months. After the first 45 days of the revocation period has elapsed, the person is eligible for an occupational license under s. 343.10 if he or she has completed the assessment and is complying with the driver safety plan ordered under par.

(c).

4. Except as provided in sub.

(1r)or 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 convictions, suspensions, and revocations counted under s. 343.307

(1), equals 3 or more, the court shall revoke the person’s operating privilege for not less than 2 years nor more than 3 years. After the first 45 days of the revocation period has elapsed, the person is eligible for an occupational license under s. 343.10 if he or she has completed the assessment and is complying with the driver safety plan ordered under par.

(c).

4m. 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

(1)or a local ordinance in conformity with s. 346.63

(1), the applicable minimum and maximum revocation periods under subd. 2. , 3. or 4. for the conviction are doubled.

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.

1. Except as provided in subd. 1. a. , b. , or d. , the court shall order the person to submit to and comply with an assessment by an approved public treatment facility as defined in s. 51.45

(c)for examination of the person’s use of alcohol, controlled substances or controlled substance analogs and development of a driver safety plan for the person. The court shall notify the department of transportation of the assessment order. The court shall notify the person that noncompliance with assessment or the driver safety plan will result in revocation of the person’s operating privilege until the person is in compliance. The assessment order shall: