Gaining in-depth knowledge of traffic laws and violations in Wisconsin is fundamental for safe and respectful road usage.
The Wisconsin Department of Motor Vehicles (DMV), Wisconsin State Patrol (WSP), and other law enforcement agencies are integral in diligently implementing these regulations. Their responsibilities encompass monitoring road safety, conducting traffic stops, and issuing citations for violations.
Traffic violations in Wisconsin, such as driving under the influence (DUI), reckless driving, and driving without insurance or a valid license, can lead to significant penalties. These may include fines, points on driving records, license suspension, and even imprisonment for severe offenses. Insurance premiums can also increase following violations, which impacts motorists financially.
By obeying speed limits, yielding to pedestrians, and avoiding distracted driving, motorists contribute to safer roads for themselves and others.
What Are the Major Traffic Violations in Wisconsin?
Violations of Wisconsin's traffic laws can lead to various consequences, with potential criminal or civil penalties including fines, points on a driver's license, disqualification, or, in serious cases, imprisonment.
Wisconsin classifies traffic violations into two main types: moving and non-moving violations.
Moving violations, such as speeding, occur while the vehicle is in motion and typically result in citations or fines.
Meanwhile, non-moving violations, such as parking violations or expired registrations, happen when the vehicle is stationary but still violates traffic regulations.
The following are common major traffic violations in Wisconsin:
Driving on a Suspended License
Driving on a suspended driver's license is illegal in Wisconsin and can result in misdemeanor or felony charges with varying penalties. Offenders may face civil forfeitures or criminal charges, which result in fines and possible imprisonment.
In Wisconsin, a license suspension means temporarily losing the right to drive, typically for less than a year. Reasons for suspension include:
- Multiple traffic violations
- Accumulating 12 or more demerit points within a year
- Alcohol-related offenses like OWI (operating while intoxicated)
- Failing or refusing a chemical test for prohibited alcohol concentration (PAC)
- Driving without insurance
Penalties for this violation range widely. According to Wisconsin Statute Section 343.44(2), civil penalties can be $50 to $200, with potential fines reaching $2,500. Criminal charges may result in fines of up to $2,500 and one year in county jail.
If a person causes property damage while driving on a suspended or revoked license, they may face additional fines and the possibility of their vehicle being impounded.
In cases involving injury or death, charges can escalate based on the specific circumstances, ranging from a Class A misdemeanor to felony offenses like Class I or Class H felonies. These felonies can lead to fines of up to $10,000 and imprisonment for up to six years.
Speeding
In Wisconsin, speeding violations fall under two main categories: the basic speeding law and fixed speed limits outlined in Wis. Stat. 346.57.
The basic speeding law requires drivers to adjust their speed according to current conditions, keeping it safe and prudent. For instance, while driving at the posted speed limit may be safe in clear weather, it could pose risks on wet or icy roads, necessitating a speed reduction.
Wisconsin's fixed speed limits set maximum speeds drivers must adhere to unless otherwise indicated. For example, speeds are restricted to 15 miles per hour (mph) near school buildings, school crossings, safety zones with pedestrians, and in residential areas and local roads.
Speed limits on highways within city or village limits range from 25 to 35 mph, while on freeways, they can reach up to 70 mph.
Penalties for speeding violations in Wisconsin include fines ranging from $30 to $300. Repeated offenses within a year can result in higher fines of $80 to $600. Speeding in construction or school zones may double standard fines.
Additionally, each speeding ticket adds demerit points to the driver's record, which can impact driving privileges and insurance rates.
Reckless Driving
Reckless driving under Wis. Stat. 346.62 involves operating a vehicle in a manner that endangers safety or risks property damage. Such actions include excessive speeding, aggressive maneuvers like tailgating, weaving through traffic, or forcing another vehicle off the road.
Penalties differ based on the offense's severity. A first offense without injuries can lead to fines between $50 and $400. Repeat offenses may incur fines from $100 to $1,000 and up to a year in jail.
Violations at railroad crossings result in fines from $600 to $2,000, plus a 50% surcharge. Causing bodily harm through reckless driving results in fines of $600 to $4,000 and potential jail time of 60 days to two years.
Severe injuries, defined as great bodily harm, elevate the charge to a Class H felony, punishable by up to six years in prison and a $10,000 fine. In construction zones, fines double, with additional penalties if a worker is injured.
Operating While Intoxicated/Driving Under the Influence
Under Wis. Stat. 346.63, Wisconsin's OWI/DU law prohibits driving under the influence of intoxicants, controlled substances, or impairing drugs.
It also forbids operating a vehicle with any detectable amount of restricted controlled substances or exceeding legal alcohol limits: 0.08% blood alcohol content (BAC) for adults and 0.04% BAC for commercial drivers.
An OWI conviction results in both criminal and administrative penalties. Offenders must complete a substance abuse assessment through the Intoxicated Driver Program (IDP) and comply with a Driver Safety Plan within a year. Failure to comply leads to license cancellation, a $535 Driver Improvement surcharge, and fines.
Penalties for a first OWI offense include fines of $100 to $300, IDP completion, and a six to nine-month license suspension. Higher penalties apply for a BAC of 0.15% or more or refusal of chemical tests, requiring an ignition interlock device (IID) and potential participation in a 24/7 sobriety program.
Second offenses carry fines of $350 to $1,100, up to six months in jail, and a 12 to 18-month license suspension with mandatory ignition interlock. Third offenses escalate to 45 days to 12 months in jail, fines of $600 to $2,000, and a two to three-year license revocation with mandatory ignition interlock.
Subsequent offenses are felonies resulting in permanent license revocation. Enhanced penalties apply for transporting a passenger under 16, causing injury, or having a high BAC level.
Wisconsin also enforces strict zero-tolerance laws for underage OWI, imposing significant fines and license suspensions.
Eluding Law Enforcement
Eluding law enforcement in Wisconsin is a significant traffic offense, as outlined in Wis. Stat. 346.04(3). It occurs when a driver fails to comply with signals from a marked or unmarked police vehicle to stop, which may involve actions like increasing speed, turning off lights, or evasive maneuvers.
Claiming unawareness of a pursuing police vehicle is not a valid defense, as the law requires drivers to knowingly disregard these signals.
Whether operating their own vehicle or another, individuals face serious consequences for fleeing police, including Class I felony charges. Punishments can include up to 3.5 years in prison, fines up to $10,000, or both, especially in areas with high concerns about reckless driving, such as Milwaukee.
Driving Without Insurance
Operating a vehicle without insurance in Wisconsin is considered a serious offense. Wisconsin law requires motorists to maintain minimum liability coverage, including $25,000 for bodily injury to one person, $50,000 per accident for bodily injuries, and $10,000 for property damage.
If they are unable to provide proof of insurance when requested, drivers may receive a $10 citation, although the Wisconsin Department of Transportation (WisDOT) often allows the later submission of proof.
Driving uninsured results in a $500 fine, license suspension, and the obligation to file an SR-22 certificate with the state DOT, accompanied by a $60 reinstatement fee.
In case of an accident without insurance, penalties escalate to include suspension of both license and vehicle registration until claims are settled, a security deposit is provided, or a liability lease agreement is arranged.
Restoring driving privileges necessitates fulfilling SR-22 requirements for three years or abstaining from driving for a year, along with paying a $110 reinstatement fee.
How Does Wisconsin's DMV Point System Work?
Wisconsin employs a demerit points system to manage traffic violations. Points are added to a driver's record for each infraction, and the DMV receives reports of all traffic convictions from the courts.
The number of points assigned depends on the specific violation and the license type held at the time. Drivers start with zero points on a clean record, and accumulating 12 or more points within a year suspends driving privileges.
Serious violations like eluding an officer or DUI earn 6 points, while moderate infractions such as inattentive driving or speeding 11-19 mph over the limit incur 4 points. Minor offenses like failing to dim headlights or tailgating carry 3 points.
Moreover, commercial vehicle operators and motorcyclists face specific point assessments based on the severity of their offenses.
For a comprehensive list of traffic violations and their corresponding points, individuals can download the "Driver Licensing Conviction Charge Codes and Points with Statute Numbers" (BDS109) and "Driver Licensing Abbreviation Codes with Charge and Points" (BDS108).
Penalties Based on LicenseType and Points
Individuals with probationary licenses, instruction permits, or no license receive double points for second and subsequent convictions. The severity of penalties escalates with more points, determined by the violation date.
Drivers with an instruction permit, probationary license, or no license face these suspensions:
- 12 to 30 points: six-month suspension
- Over 30 points: one-year suspension
Those with a regular driver's license or commercial driver's license (CDL) encounter these suspensions:
- 12 to 16 points: two-month suspension
- 17 to 22 points: four-month suspension
- 23 to 30 points: six-month suspension
- Over 30 points: one-year suspension
Reducing Points
Convictions typically remain on a driver's record in Wisconsin for five years, though some alcohol-related and commercial violations can extend up to a decade or longer. Drivers in Wisconsin can reduce their point total by three through the completion of an approved traffic safety course.
If a driver's license faces suspension due to accumulating 12, 13, or 14 points, completing such a course could potentially lift the suspension. Drivers may only take advantage of one point reduction every three years.
Motorcyclists can also decrease their points by up to three by enrolling in the Advanced Rider Course or Basic Rider Course, both of which are available statewide during the riding season. More information about these courses is accessible through the Motorcycle Safety Program.
What Is the Process for Handling Traffic Tickets in Wisconsin?
When receiving a traffic ticket or citation in Wisconsin, motorists have several options for response, including paying fines, contesting the ticket in court, or enrolling in state-approved driver safety courses.
Each option has specific procedures and implications. Drivers can choose the best course of action based on their situation.
Paying the Fine
Wisconsin drivers have the option to pay traffic fines, which constitutes an admission of guilt and waives their right to contest the citation in court.
The WisDOT may suspend their driver's license depending on the driving record, and the violation could lead to increased car insurance rates.
To pay the ticket, individuals should send the deposit amount and a photocopy of the citation or provide their name, address, citation number, court appearance date, offense details, and arresting police agency to the clerk of court.
Personal appearance is not required, and the court treats the payment as a guilty plea.
Contesting the Citation
Alternatively, motorists in Wisconsin can contest a citation by appearing in court or submitting a "not guilty" plea by mail before the initial court appearance date. This requires more effort but can lead to dismissal or reduced penalties.
When contesting by mail, they must include a photocopy of the ticket and use the correct court address. They can also use certain platforms and apps as an alternative method for contesting citations. Most of these tools allow users to challenge their traffic tickets, communicate with local lawyers and bookcases, and receive real-time updates.
Wisconsin law generally mandates an initial court appearance for all traffic citations, separate from any subsequent trial. At this appearance, defendants can plead "not guilty" and negotiate with the prosecutor. If negotiations fail, a trial date is scheduled.
Defendants opting for a jury trial must indicate their preference within ten days and pay a $36 fee; failure to do so forfeits their right to a jury trial. In both jury and non-jury trials, the prosecutor presents the case, and if found guilty, the defendants must fulfill all obligations related to the ticket.
Taking a Driver Safety Course
Wisconsin drivers facing minor traffic violations can seek court permission to enroll in a state-approved driver safety course instead of receiving a conviction. Courts assess eligibility based on several factors, such as whether:
- The driver has previously used a driver safety course to dismiss a ticket.
- The violation involved driving more than 25 mph above the posted speed limit.
- The violation occurred in a school or work zone.
- The driver holds a CDL.
If granted permission, motorists receive detailed instructions regarding course requirements, deadlines, and fees. After completing the course, they must pass a test and submit a completion certificate to the court to avoid conviction and points on their driving record.
Courses are available online or in classrooms and must be sanctioned by the WisDOT. Benefits include potential ticket dismissal, meeting court requirements, and insurance premium reductions.
How Are Accident Reports Handled in Wisconsin?
Under Wis. Stat. 346.70(1), any motor vehicle accident must be reported immediately to law enforcement if it involves:
- Injury to a person
- $1,000 or more in damage to any vehicle or property
- $200 or more in damage to government-owned property
If law enforcement is present at the scene, they may file the report. If not, drivers must complete the Wisconsin Driver Report of Crash (DT4002), accessible via WisDOT's Crash Reporting page.
When completing the Wisconsin Driver Report of Crash, the following information is necessary:
- Full names, contact info, driver's license numbers, license plates, and phone numbers of all drivers involved
- Contact details for passengers and witnesses
- Vehicle make, model, and vehicle identification number (VIN)
- Detailed vehicle damage descriptions
- Photos of the accident scene
- Insurance policy details of all drivers
- Written account and diagram of the accident
Motorists can access car accident reports filed by law enforcement through WisDOT 10 to 15 business days after submission. Reports can be ordered and printed online from WisDOT's Purchase Crash Reports web portal.
To retrieve an accident report, they must provide the date of the crash and the driver's license number of an involved party or the WisDOT accident or document number.
Accident reports significantly influence car insurance premiums, as insurers evaluate fault, severity, and frequency of claims to assess risk. Drivers with a history of at-fault accidents or multiple claims often face higher premiums, while those with a clean record usually enjoy lower rates.
What Should Drivers Know about Traffic-Related Arrests in Wisconsin?
Common reasons for traffic-related arrests in Wisconsin include DUI (alcohol or drugs), excessive speeding, reckless driving, driving with a suspended or revoked license, outstanding warrants, and lacking valid registration or insurance.
The arrest procedure begins with an officer stopping the vehicle and investigating the suspected violation. If an arrest is necessary, the officer informs the driver, reads their Miranda rights, and may search the car.
The driver is then taken to the local jail for booking, where personal information is recorded, fingerprints are taken, and charges are explained. Bail may be set for temporary release until the court date.
Drivers have specific constitutional rights during a traffic-related arrest:
- Right to remain silent
- Right to refuse consent for a search
- Right to an attorney
- Right to exit the vehicle safely
- Right to minimal necessary detention
A traffic-related arrest can have serious implications, including legal consequences such as fines, court appearances, license suspension, and the risk of a permanent criminal record.
Professionals in fields like commercial driving or healthcare may face job loss or license revocation as a result. Personally, these legal challenges can also strain relationships, create financial stress, and impact mental well-being significantly.
Steps To Take After a Traffic-Related Arrest
After a traffic-related arrest, individuals should stay calm and cooperate with law enforcement. They should promptly contact an attorney specializing in traffic law or criminal defense for legal guidance and attend all court appearances.
Gathering evidence, such as witness statements and photos, is advisable. For serious offenses like DUI, compliance with mandatory assessments or classes is required. Notifying the auto insurance company is also necessary, as the arrest may affect coverage or premiums.
Legal resources in Wisconsin include the Wisconsin State Public Defender's Office for those unable to afford private attorneys and the Wisconsin Bar Association for finding qualified lawyers. Local legal aid organizations also provide additional support and resources.