343.31 Revocation or suspension of licenses after certain convictions or declarations.
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/wi/chapter-343/343-31A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
343.31 Revocation or suspension of licenses after certain convictions or declarations.
(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:
(a)Homicide or great bodily harm resulting from the operation of a motor vehicle and which is criminal under s. 346.62
(4), 940.06 , 940.09 , 940.10 or 940.25 .
(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).
(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).
(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.
(c)Any felony in the commission of which a motor vehicle is used.
(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.
(g)Operating a motor vehicle without having furnished proof of financial responsibility when proof of financial responsibility is required.
(i)Knowingly fleeing or attempting to elude a traffic officer under s. 346.04
(3).
(a)In this subsection, “qualifying conviction” means any of the following:
1. A conviction for a violation under s. 940.06 , 940.09 , or 940.10 involving the use of a vehicle.
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.
(b)Upon receiving a record of conviction under s. 940.09
(1)or 940.25 or conviction, suspension, or revocation counted under s. 343.307
(1)that together with other records of the department show that 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, the department shall revoke the person’s operating privilege permanently. This paragraph does not apply if the most recent conviction, suspension, or revocation counted under this paragraph occurred more than 15 years after the next preceding conviction, suspension, or revocation counted under this paragraph. 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 .
(c)Upon receiving a record of conviction under s. 940.09
(1)or 940.25 or conviction, suspension, or revocation counted under s. 343.307
(1)that together with other records of the department show that 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 that 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 .
(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.
(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.
(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.
(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.
(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
(a)1. ,
(c)3. , or
(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, resulting in great bodily harm, as defined in s. 939.22
(14), or death, as follows:
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.
3. For a period of 9 months, if the offense resulted in the death of another.
(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
(a)1. ,
(c)3. , or
(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, 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.
(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
(a)1. ,
(c)3. , or
(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 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.
(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.
(a)Any offense that may be counted under s. 351.02
(a), other than s. 351.02
(a)5.