Wis. Admin. Code Trans § Trans 101.04

Current through November 25, 2024
Section Trans 101.04 - Suspension of license for accumulation of demerit points
(1) The department shall suspend the operating privilege of any person whose driver record shows the accumulation of 12 points for violations committed within any 12-month period.

Note: The date offenses were committed is used by the Department to determine point cases. Violation dates are inviolate and may not be changed by a court to subvert the intent of these rules or other statutory requirements. State v. DeBruin, 140 Wis. 2d 631 (Ct. App. 1987); State v. Walczak, 157 Wis. 2d 661 (1990).

(3) Except as provided in sub. (3m) with respect to probationary driver licenses, the following demerit point accumulations, calculated from the date of violation, shall result in the following suspension periods:

Demerit Points Accumulated in a 12-month Period

Length of Suspension

12 to 16 points

2 months

17 to 22 points

4 months

23 to 30 points

6 months

More than 30 points

1 year

(3m) Notwithstanding subs. (1) and (3), the following demerit point accumulations, calculated from the date of violation, shall result in the following suspension periods, if the driver holds an instruction permit or a probationary driver license, or would be issued an instruction permit or probationary driver license upon proper application and meeting other requirements:

Demerit Points Accumulated in a 12-month Period

Length of Suspension

12 to 30 points

6 months

More than 30 points

1 year

Note: See s. 343.32(2) (a) and (c), Stats.

(4) A suspension order issued by the department under this chapter takes effect on the date of the suspension order.

Wis. Admin. Code Department of Transportation Trans 101.04

Cr. Register, September, 1972, No. 201, eff. 10-1-72; emerg. cr. (4) to (6), eff. 11-18-80; cr. (4) to (7), Register, March, 1981, No. 303, eff. 4-1-81; emerg. am. (2) and (3), eff. 5-7-81; renum. from MVD 11.05 and am. (1) to (3), Register, June, 1981, No. 306, eff. 7-1-81; am. (2) to (4), Register, March, 1990, No. 411, eff. 4-1-90, am. (1) to (3), r. and recr. (5), renum. (7) to be (7) (a) and am., cr. (7) (b), Register, December, 1990, No. 420, eff. 1-1-91; reprinted to correct printing errors, Register, October, 1991, No. 430; r. (1), renum. (2), (4) to (7) to be (1), (3) to (6) and am. (5), r. and recr. (3), cr. (4) (d), Register, March, 1994, No. 459, eff. 5-1-94; correction in (5) made under s. 13.93(2m) (b) 7, Stats., Register, March, 1999, No. 519; am. (3) (intro.) and (5), cr. (3m), r. and recr. (4) and (6), Register, August, 2000, No. 536, eff. 9-1-00; correction in (5) made under s. 13.93(2m) (b) 7, Stats.; reprinted to correct printing error in (6), Register January 2002 No. 553: CR 07-081: (am) (title), (1), (3) and (3m), r. (2), (5) and (6), r. and recr. (4) Register June 2008 No. 630, eff. 7-1-08.