Chapter Trans 101

Trans 101.02(1)(e) (e) Operating commercial vehicle with alcohol concentration of 0.04 or more but less than 0.1 and causing injury.

Trans 101.02(1)(f) (f) Operating while intoxicated and causing injury.

Trans 101.02(1)(g) (g) Operating while under influence of intoxicant or controlled substance, or with a prohibited alcohol concentration.

Trans 101.02(1)(h) (h) Racing on public highway or engaging in a contest of speed or endurance.

Trans 101.02(1)(i) (i) Reckless driving.

Trans 101.02(1)(j) (j) Speeding 20 miles per hour or more in excess of lawful or posted speed.

Trans 101.02(1)(k) (k) Failure to stop at a railroad crossing.

Trans 101.02(2) (2) Four demerit point violations. The department shall assess 4 demerit points for any of the following violations:

Trans 101.02(2)(a) (a) Deviating from lane of traffic.

Trans 101.02(2)(b) (b) Driving on wrong side of highway.

Trans 101.02(2)(c) (c) Driving too fast for conditions.

Trans 101.02(2)(d) (d) Failure to have vehicle under control.

Trans 101.02(2)(e) (e) Failure by operator to stop for school bus when red lights are flashing.

Trans 101.02(2)(f) (f) Failure to yield right of way or failure to yield right of way to emergency vehicle.

Trans 101.02(2)(g) (g) Imprudent speed.

Trans 101.02(2)(h) (h) Inattentive driving.

Trans 101.02(2)(i) (i) Speeding more than 10 miles per hour but less than 20 miles per hour in excess of lawful or posted speed.

Trans 101.02(2)(j) (j) Unnecessary acceleration.

Trans 101.02 Note Note: Unnecessary acceleration is a valid traffic regulation. City of Janesville v. Garthwaite, 83 Wis. 2d 866 (1978).

Trans 101.02(2)(k) (k) Under age 21, operating motor vehicle with any measured alcohol concentration.

Trans 101.02(3) (3) Three demerit point violations. The department shall assess 3 demerit points for any of the following violations:

Trans 101.02(3)(a) (a) Violation of a restriction on a graduated driver license related to the time or route of travel or passengers permitted.

Trans 101.02(3)(c) (c) Failure to dim lamps or lights.

Trans 101.02(3)(d) (d) Failure to give appropriate signal.

Trans 101.02(3)(e) (e) Failure to obey any official traffic control device.

Trans 101.02 Note Note: This includes arterial signs, one-way signs or traffic signs or signals. See s. 340.01 (38), Stats.

Trans 101.02(3)(f) (f) Following vehicle too closely.

Trans 101.02(3)(g) (g) Illegal turn.

Trans 101.02(3)(h) (h) Improper brakes.

Trans 101.02(3)(i) (i) Improper or unlit or missing lamps or lights, including clearance lamps, spotlamps, headlamps, brake lamps, tail lamps and signal lamps, but not including registration plate lamps or failure to use cycle headlamps during daylight hours.

Trans 101.02(3)(j) (j) Operating with multiple licenses.

Trans 101.02(3)(k) (k) Operating without having obtained an operator’s license, without a proper license endorsement, without proper license classification for the vehicle being operated, or with a license which has expired, and including the following:

Trans 101.02(3)(k)1. 1. Operating a commercial motor vehicle without having obtained a commercial driver license.

Trans 101.02(3)(k)2. 2. Operating a school bus without having obtained a school bus endorsement.

Trans 101.02(3)(k)3. 3. Operating a Type 1 motorcycle without a license authorizing the operation of class “M” vehicles.

Trans 101.02(3)(L) (L) Passing illegally.

Trans 101.02(3)(m) (m) Possession of intoxicating beverage while operating or being on duty time with respect to a commercial motor vehicle.

Trans 101.02(3)(n) (n) Speeding 10 miles per hour or less in excess of lawful or posted speed.

Trans 101.02(3)(p) (p) Violation of license restriction.

Trans 101.02(3)(q) (q) Operating after license is revoked or suspended.

Trans 101.02(3)(r) (r) Operating commercial motor vehicle while disqualified or out of service.

Trans 101.02(4) (4) Two demerit point violations. The department shall assess 2 demerit points for any of the following violations:

Trans 101.02(4)(a) (a) Defective speedometer.

Trans 101.02(4)(b) (b) Obstructed view or control, including illegally tinted windows.

Trans 101.02(4)(c) (c) Obstructing traffic, or driving excessively slow.

Trans 101.02(4)(e) (e) All other moving traffic convictions except as provided in sub. (5).

Trans 101.02(5) (5) Zero demerit point violations. The department may not assess demerit points for any of the following violations:

Trans 101.02(5)(a) (a) Child safety restraint violation.

Trans 101.02(5)(b) (b) Failure to fasten seat belt.

Trans 101.02(5)(c) (c) Failure to report an accident under s. 346.69 or 346.70, Stats.

Trans 101.02(5)(d) (d) Failure to transfer certificate of title.

Trans 101.02(5)(e) (e) Failure to wear mandatory protective headgear while operating a Type 1 motorcycle.

Trans 101.02(5)(f) (f) Falsified accident report.

Trans 101.02(5)(g) (g) Falsified application for operator’s license, identification card or motor vehicle title or registration.

Trans 101.02(5)(gm) (gm) Immobilization device tampering.

Trans 101.02(5)(h) (h) Improper license plates.

Trans 101.02(5)(i) (i) Improper muffler.

Trans 101.02(5)(im) (im) Interlock device tampering.

Trans 101.02(5)(j) (j) Intoxicant in vehicle carrying underage person.

Trans 101.02(5)(k) (k) License not in operator’s immediate possession.

Trans 101.02(5)(L) (L) Littering on highway.

Trans 101.02(5)(m) (m) No motorcycle headlamps during daylight hours.

Trans 101.02(5)(mn) (mn) Improper, unlit or missing registration plate lamps.

Trans 101.02(5)(n) (n) Open intoxicant in vehicle.

Trans 101.02(5)(o) (o) Operating a Type 1 motorcycle with handlebars that exceed the legal height limit.

Trans 101.02(5)(p) (p) Operating a Type 1 motorcycle with rear passenger pegs that are at an illegal height.

Trans 101.02(5)(q) (q) Operating a commercial motor vehicle or being on duty time with respect to a commercial motor vehicle while having any measured alcohol concentration above 0.0 but less than 0.04 or within 4 hours of having consumed or having been under the influence of an intoxicating beverage, regardless of its alcohol content.

Trans 101.02(5)(r) (r) Operating a commercial motor vehicle with an alcohol concentration of 0.04 or more but less than 0.1 and not causing injury.

Trans 101.02(5)(s) (s) Operating illegally with studded tires.

Trans 101.02(5)(sm) (sm) Parking on a highway.

Trans 101.02(5)(t) (t) Permitting unauthorized person to operate.

Trans 101.02(5)(u) (u) Refusal to submit to breath or chemical test for intoxication.

Trans 101.02(5)(w) (w) Unnecessary blowing or sounding of horn.

Trans 101.02(5)(wm) (wm) Unnecessary noise or loud radio audible from a distance of 75 feet or more.

Trans 101.02(5)(x) (x) Unregistered vehicle.

Trans 101.02(5)(y) (y) Violation of size, weight or load restriction.

Trans 101.02 Note Note: Wis. Stat. s. 345.20 (2) (f) and (g) provides that demerit points may not be assessed for the firearms offenses set forth in Wis. Stat. s. 167.31 (2) (b), (c), or (d) or for littering in violation of Wis. Stat. s. 287.81.

Trans 101.02(6) (6) Similar offenses. The point schedule in this section covers violations of state traffic laws, local ordinances, tribal traffic laws, federal traffic laws, traffic regulations, s. UWS 18.04, and department administrative rules which are similar to the violations described in subs. (1) to (5), even if the language of the law, ordinance, regulation or rule may vary.

Trans 101.02(7) (7) Probationary licenses.

Trans 101.02(7)(a) (a) Any person who holds an instruction permit or probationary license on the date of a conviction, or an unlicensed person who would be issued a probationary license or instruction permit if proper application were made and all other requirements for license were met, shall be assessed double the demerit point value shown for convictions set forth in subs. (1) to (4) if the record indicates that the person has been previously convicted of an offense for which demerit points were assessed under s. 343.32, Stats. This paragraph does not apply to a conviction for violation of any offense under ch. 347, Stats.

Trans 101.02 Note Note: Commercial driver licenses are never issued on a probationary basis. S. 343.085 (2) (b), Stats. Chapter 347, Stats., deals with vehicle equipment requirements. DMV is required to double demerit points for most offenses and is prohibited from increasing points assessed to a driver for a vehicle equipment violation by s. 343.32 (2) (bc), Stats.

Trans 101.02(7)(b) (b) Any person whose operating privilege has been revoked or canceled while unlicensed or while licensed under a probationary license shall be issued a reinstated probationary license for the same period as an original probationary license.

Trans 101.02(8) (8) General rules for point cases. In determining whether a person appears by the records of the department to be a habitually reckless or negligent operator of a motor vehicle or to have repeatedly violated any of the state traffic laws and whether suspension of operating privileges pursuant to s. 343.32 (2), Stats., for the accumulation of demerit points is appropriate, the department shall conform to the following rules, which are set forth in their order of priority, and subject to the exceptions set forth in sub. (9), for purposes of initially determining whether to suspend a driver’s operating privilege:

Trans 101.02(8)(a) (a) Violations used once. Demerit points may be used in only one point case, except as provided in pars. (c), (e) and (f), and sub. (9) (c).

Trans 101.02(8)(b) (b) Revocations always imposed. Revocations shall be imposed by the department whenever ordered by a court or required by statute without regard to potential demerit point ramifications.

Trans 101.02(8)(c) (c) Use of conviction resulting in withdrawal action in point case. Demerit points from an offense that resulted in suspension or revocation of a person’s operating privilege under s. 343.30 or 343.31, Stats., may not be used in a point case, except as provided in this paragraph or par. (e) or (f). Convictions that result only in disqualification under s. 343.315, Stats., or federal law may be used in a point case. Convictions that result in suspension of a person’s operating privilege due to failure to pay the underlying fine or forfeiture resulting from the conviction or that result in revocation of the person’s operating privilege as a habitual traffic offender under ch. 351, Stats., may be used in a point case.

Trans 101.02(8)(d) (d) Amendment of point case based on new conviction. After the department has issued a demerit point suspension order, the department may amend the suspension order upon receipt of reports of conviction for additional offenses that qualify for use in a point case under pars. (a) to (c). The point case may be amended only if the suspension period did not expire prior to the date of conviction for the new offense. The amendment shall incorporate each violation that occurred within one year of all violations that formed the basis of the original suspension order and that remain part of the case. In the event 2 or more violations occurred within one year of all other point case violations, but not within one year of each other, only the violations occurring within one year of the latest violation that was used in the existing point case shall be used as the basis for the amendment.

Trans 101.02(8)(e) (e) Court-ordered suspensions. If the department receives notice of conviction and a court-ordered suspension under s. 343.30, Stats., and the person is subject to a demerit point suspension, the department shall act as follows:

Trans 101.02(8)(e)1. 1. If the person is not subject to an existing point case and the person’s operating privilege would be suspended for a longer period under a point case that includes the conviction as one of the bases for the case, DMV shall suspend the person’s operating privilege for that longer period in accordance with s. Trans 101.04 (3) or (3m) and need not note the court-ordered suspension on a public abstract of the person’s driver record nor send notice to the driver of the court-ordered suspension.