NEW OWS & OAR LAW – 1997 WIS. ACT 84

The following law changes are effective August 1, 2000

- When citing under s.343.44(1), officers must indicate the proper subsection

(a) Operation while Suspended

(b) Operating while Revoked

(c) Operating while Out of Service

(d) Operating while Disqualified

- The status of the operating privilege at the time of the stop will determine whether a charge of OWS or OAR is a civil or criminal offense. The reason the status is suspended or revoked will no longer matter. What matters is the status at the time of the stop.

If the status is suspended, the charge is OWS. All OWS charges are civil.

If the status is revoked, the charge is OAR. Beginning August 1, 2000, 1st offense OAR is a civil forfeiture. All other OAR’s are criminal. Only OAR (not OWS) offenses that occurred within the preceding five year period count as prior offenses.

There is no longer a VOO violation. s.343.10(8) has been rewritten. Persons who are stopped and found to be in violation of restrictions on a occupational license should be cited as follows:

If the restriction is an “occupational” restriction, such as time or place of travel, check the status of the operating privilege (suspended or revoked), and cite under s.343.44(1)(a) (OWS), or s.343.44(1)(b) (OAR). You cannot cite under s.343.10(8) (VOO).

If the restriction carried over from the driver’s regular license to the occupational license, such as “eyeglasses required” or “duel outside mirrors required,” cite under s.343.43(1)(d), as you would a driver with a regular license.

Until a new bail bond book is published, check with your circuit or municipal judge for bond amounts.

Call (608) 267-1854 or e-mail cnr.dmv@dot.state.wi.us if you have questions.

Status is:

Suspended

New charge is civil

Revoke

First offense, new charge is civil

Second & subsequent OAR within 5 years. New charge is criminal.