Wisconsin Administrative Code
Department of Transportation
Chapter Trans 101 - Demerit Point System And Graduated Driver License Restriction Extensions
Section Trans 101.10 - Graduated driver license eligibility and restriction extensions

Universal Citation: WI Admin Code ยง Trans 101.10

Current through February 26, 2024

(1) The department may not issue a license to a person under s. 343.085(1) (b), Stats., if the person has committed any offense for which demerit points are assessed under this chapter, or any offense under the law of another jurisdiction for which demerit points would be assessed if the offense were committed in this state, within the preceding 6 months, except:

(a) Any violation of ch. 347, Stats., resulting in the assignment of 2 or fewer demerit points under this chapter, or a similar violation under law of another jurisdiction, except child safety restraint, seat belt and defective speedometer violations.

(b) Illegal riding of a moped or motorcycle.

(2)

(a) Except as provided in par. (b), the department shall extend graduated driver license restrictions required under s. 343.085(2m) (a), Stats., if the person has committed any offense for which demerit points are assessed under this chapter or any of the following offenses:
1. Operation of a motor vehicle by a person who has not attained the legal drinking age while having an alcohol concentration greater than 0.0 and less than 0.1.

2. Refusal of chemical testing under the implied consent law.

3. Operation of a commercial motor vehicle with an alcohol concentration greater than 0.04 and less than 0.10.

4. Operation of a commercial motor vehicle with an alcohol concentration above 0.0, within 4 hours of having consumed or having been under the influence of an intoxicating beverage, or while possessing an alcoholic beverage.

5. Failure to notify the owner of any property on or adjacent to a highway that is damaged in an accident.

6. Any offense committed in another jurisdiction for which demerit points would be assessed if the offense were committed in this state.

7. Child safety restraint, seat belt and defective speedometer violations.

(b) Notwithstanding par. (a), the department may not extend the graduated driver license restrictions required under s. 343.085(2m) (a), Stats., solely for committing any of the following offenses:
1. Any violation of ch. 347, Stats., resulting in the assignment of 2 or fewer demerit points under this chapter, except child safety restraint, seat belt and defective speedometer violations, or a similar violation under the law of another jurisdiction.

2. Illegal riding of a moped or motorcycle.

Note: These offenses are specified in ss. 346.595 and 347.487, Stats.

3. Operating with multiple licenses.

4. Operating without having obtained an operator's license, without a proper license endorsement, without proper license classification for the vehicle being operated, or with a license which has expired, and including the following:
a. Operating a commercial motor vehicle without having obtained a commercial driver license.

b. Operating a school bus without having obtained a school bus endorsement.

c. Operating a Type 1 motorcycle without a license authorizing the operation of class "M" vehicles.

Note: The Division of Motor Vehicles' charge codes for these offenses are OWL - "Operating Without a License," s. 343.05(3), Stats., and CUL - "Commercial Unlawful License," s. 343.05(2), Stats.

5. Operating while suspended or revoked.

6. Operating while disqualified.

7. Unnecessary acceleration.

(c) Only one extension of graduated driver license restrictions may result from any one incident or occurrence.

Unnecessary acceleration is not a violation of ch. 110, 194, 341 to 349, or 351, Stats., but is an ordinance violation. Because s. 343.085(2m) (b) 1 a., Stats., provides that GDL restrictions can only be extended for "moving violations" and ordinance violations for ordinances not conforming to chs. 110, 194, 341 to 349, or 351, Stats., are not "moving violations," as that term is defined in s. 343.01(2) (cg), Stats., GDL restrictions cannot be extended for unnecessary acceleration or squealing tire violations.

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