(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.
Notes
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.
