1997 WISCONSIN ACT 84: THE BASICS

1. Continue to use the terms “suspension” and “revocation,” but drastically change how one becomes suspended or revoked. Impose a revocation only for extremely serious or alcohol related offenses. For example, the only offenses that cause revocation will be:

All OWI Offenses (including first offense and Injury/GBH);

Implied Consent;

Non-compliance with Assessment – except for failure to pay for assessment;

Duty upon Striking Person, Attended or Unattended;

Vehicle and Property on or adjacent to Highway (346.67, 68 and 69);

Eluding an Officer;

All Motor Vehicle Offenses Listed in Chapter 940;

All CDL Violations Similar to the above Offenses;

HTO (Habitual Traffic Offender) status;

Fourth conviction for OAS in a five year period.

All other loss of licenses will be suspensions.

2. All Operating After Revocation offenses will be criminal. There will no longer be an escalating penalty structure for subsequent offenses. All OAR offenses will carry a fine of $0 - $2,500 and a jail sentence of 0 – 1 year in jail. The statute will require sentencing guidelines similar to what is now required in OWI cases. The conviction will carry three points.

3. All Operating After Suspension offenses will be civil. The forfeiture will be $50-200. The conviction will carry three points. A fourth conviction for OAS in a five year period will result in a six month revocation of license. This will be a strict liability offense.

4. Convictions for OAR/S are not considered major traffic offenses for HTO purposes.

5. The offense of violating the restrictions of an occupational license will be eliminated. Violators will be charge according to their underlying license status: If status is suspended… charge will be civil; If status is revoked… charge will be criminal.

6. Loss of license upon conviction for OAR/S? Court MAY suspend for any period not exceeding six months for any OAS/R conviction. DOT MUST REVOKE for six months if three prior convictions for OAS/R, unless judge orders a lesser period.

7. EFFECTIVE DATES:

8/1/98: OAR/S convictions carry only three points; OAR/S convictions are minor offenses for HTO; and HTO status can be recalculated

1/1/00: Licenses sanctions as a result of “non-dangerous” behavior became suspensions rather than revocations, EXCEPT financial responsibility sanctions (Ch. 344) continue to be revocations. FPF suspension is reduced from five to two years.

8/1/00: Eliminate offense of Violation of an Occupational. Creates new OAS and OAR offenses and penalty structure. All OAS offenses will be civil. OAR offenses will be criminal, if there is a prior conviction for OAR in the last five years.

5/1/01 or earlier??: Financial responsibility sanctions (Ch. 344) become suspensions rather than revocations. First offense OWI license sanction become a revocation rather than a suspension.

5/1/02: First offense OAR violations are no longer civil. All OAR charges are criminal. All OAS charges are civil.