Wisconsin Code § 343.38

Reinstatement after revocation, suspension, cancellation, or disqualification
Open in Lexace · Ask the AI about this section
(1) REINSTATEMENT AFTER REVOCATION. Except as provided in ss. 343.10, 343.31 (1m),
343.39, and 351.07, the department shall not reinstate the operating privilege of a person whose operating privilege has been duly
revoked unless the period of revocation has expired and the
person:
(a) Pays to the department all required fees; and
(b) If the secretary so prescribes, passes an examination including the tests specified in s. 343.16 or such parts thereof as the
secretary may require; and
(c) 1. Except as provided in subd. 2., files and maintains with
the department proof of financial responsibility in the amount,
form and manner specified in ch. 344. Except for a reinstatement
under s. 343.31 (1m), this subdivision does not apply after 3 years
have elapsed since the expiration of the period of revocation. For
a reinstatement under s. 343.31 (1m), this subdivision does not
apply to a person after 3 years have elapsed since the reinstatement of the operating privilege of the person.

2. No proof under subd. 1. shall be required for any of the
following:
a. A vehicle subject to the requirements of s. 121.53, 194.41
or 194.42.
b. A vehicle owned by or leased to the United States, this
state or any county or municipality of this state.
c. Reinstatement of an operating privilege revoked under s.
343.30 (1q) (b) 2. or (d), 343.305 (10) (d) or 343.31 (3) (b) or
(bm) 2.
d. Reinstatement of an operating privilege revoked under s.
343.31 (1) (b) or (2) if, within the 5-year period preceding the violation, the person has not been convicted of a prior offense that
may be counted under s. 343.307 (2) and if, within the 10-year
period preceding the violation, the person has not been convicted
of 2 or more prior offenses that may be counted under s. 343.307
(2).
(d) If the person’s operating privilege has been revoked under
s. 343.31 (1m), satisfies all of the following:
1. The person has not been convicted of an offense that is a
felony or a misdemeanor, that is counted under s. 343.307 (1) or
specified under s. 351.02 (1) (a), and that was committed during
the 10-year period immediately preceding the application for
reinstatement.
2. Not more than 45 days before applying for reinstatement,
the person submits to and complies with an assessment by an approved public treatment facility, as defined in s. 51.45 (2) (c), for
examination of the person’s use of alcohol, controlled substances,
or controlled substance analogs and development of a driver
safety plan for the person.
(2) REINSTATEMENT OF NONRESIDENT’S OPERATING PRIVILEGE. A nonresident’s operating privilege revoked or suspended
under the laws of this state is reinstated as a matter of law when
the period of revocation or suspension has expired and the nonresident pays the fees specified in s. 343.21 (1) (j), (jr), if applicable, and (n).
(3) REINSTATEMENT AFTER SUSPENSION. Except as provided
in sub. (2) and s. 343.10, the department shall not reinstate the
operating privilege of a person whose operating privilege has
been duly suspended while the suspension remains in effect.
Subject to s. 343.31 (2t) (b), upon the expiration of the period of
suspension, the person’s operating privilege is reinstated upon receipt by the department of the fees specified in s. 343.21 (1) (j)
and (n) and, for reinstatement of an operating privilege suspended
under ch. 344, the filing with the department of proof of financial
responsibility, if required, in the amount, form, and manner specified under ch. 344.
(3g) REINSTATEMENT AFTER CERTAIN CANCELLATIONS. (a)
The department may reinstate the operator’s license of a person
whose operator’s license has been duly canceled under s. 343.25
(2) or (3) if the person pays the fees specified in s. 343.21 (1) (m)
and (n) and either the person is at least 18 years of age or the requirements specified in s. 343.15 are satisfied.
(b) The department may reinstate the operator’s license or
identification card of a person whose operator’s license or identification card has been duly canceled because of the person’s nonpayment of a fee if the person pays that fee, pays any fee required
by the department under s. 20.905 (2), and pays the fees specified
in s. 343.21 (1) (m) and (n).
(3r) REINSTATEMENT OF COMMERCIAL DRIVING PRIVILEGES
FOLLOWING DISQUALIFICATION. (a) Except as provided in pars.
(b) and (c), upon application for reinstatement after a person’s
disqualification by the department, the department may issue a
commercial driver license to the person if the person has paid the
fees required under s. 343.21 (1) (jm) and (n), taken any examination required by the department under s. 343.16, and satisfied any
other requirement under this chapter for reinstatement.
(b) Any disqualification under s. 343.315 (2) (g) terminates at
the beginning of the 25th hour following issuance of the citation
specified in s. 343.315 (2) (g). If a person has been disqualified
solely on the basis of s. 343.315 (2) (g), the person’s authorization to operate a commercial motor vehicle is automatically reinstated upon termination of the disqualification, as provided in
this paragraph, and no application or fee is required for
reinstatement.
(c) If a person is authorized to operate a commercial motor
vehicle under s. 343.055, the person’s authorization to operate a
commercial motor vehicle may be reinstated without issuance of
a commercial driver license to the person.
(4) FIRST ISSUANCE OF LICENSE IN W ISCONSIN AFTER SUSPENSION OR REVOCATION BY ANOTHER STATE. The department
may issue an operator’s license to a person moving to this state
whose operating privileges have been previously suspended or revoked in another state when their operating privilege has been reinstated in that state and the following conditions have been met:
(a) When the period of suspension or revocation required by
law for conviction for the same traffic violation in this state has
terminated.
(b) Acceptable proof of financial responsibility has been
filed.
(c) Application for a Wisconsin operator’s license has been
made.
(d) Any required examination has been passed.
(e) The fees required for the issuance of an original license
have been paid.
(5) RESTRICTIONS ON LICENSE. If a court has ordered that the
person’s operating privilege be restricted for a period of time after
the revocation period is completed to operating vehicles equipped
with an ignition interlock device, the license issued under this
section shall include that restriction.

‹ Prev All Wisconsin sections Next ›


Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.