Wisconsin Administrative Code
Department of Transportation
Chapter Trans 107 - Driver Licensing Of Persons With Chemical Abuse Or Dependency Problems
Section Trans 107.08 - Licensing action

Universal Citation: WI Admin Code ยง Trans 107.08

Current through February 26, 2024

(1) DENIAL, CANCELLATION OR SUSPENSION.

(a) When a hospitalization certificate shows inpatient treatment for chemical abuse or dependency and the person has not been absolutely or conditionally released from the institution, the operating privilege shall be denied or canceled until the conditions in sub. (2) (a) have been met.

(b) When a person has one OWI arrest in 12 months and there is an assessment report, final report, medical report, or combination of reports on file with the department within the previous 2 years identifying chemical abuse or dependency and recommending no further involvement with chemicals, the person shall be immediately referred for assessment and the person's operating privilege shall be denied or canceled until the conditions in sub. (2) (b) have been met.

(c) When a person has had 3 OWI arrests in 12 months, the person shall be immediately referred for assessment and the operating privilege shall be denied or canceled until the conditions in sub. (2) (b) have been met.

(d) When a person has 2 OWI arrests in 12 months, and has had 2 OWI convictions or implied consent revocations within the past 2 years, the person shall be immediately referred for an assessment and the operating privilege shall be denied or canceled until the conditions in sub. (2) (b) have been met.

(e) When a person has 2 OWI arrests in 12 months with an alcohol concentration of.20 or above in at least one of the arrests, and the person has had an OWI conviction or implied consent revocation within the past 2 years, the person shall be immediately referred for assessment and the person's operating privilege shall be denied or canceled until the conditions in sub. (2) (b) have been met.

(f) When a person has 2 OWI arrests in 12 months with an alcohol concentration of.20 or above in at least one of the arrests, and there is an assessment report, driver safety plan final report, medical report, or combination of reports on file with the department within the past 2 years identifying possible chemical abuse or dependency, the person shall be referred for immediate assessment and the operating privilege shall be denied or canceled until the conditions in sub. (2) (b) or (c) have been met.

(g) When the findings of an assessment, information from a medical report, other information in the file, or a combination thereof, indicate that the person's chemical dependency may affect the person's driving ability, the person's operating privilege shall be denied or canceled under s. 343.06(1) (d), Stats., until the conditions in sub. (2) (b) or (c) have been met. For purposes of this paragraph, the types of information considered are those described in s. Trans 107.04.

Note: See s. Trans 107.08 (1) (L) regarding cancellation for noncompliance with a driver safety plan.

(h) When a person fails to obtain an assessment as directed by the department, comply with the recommended driver safety plan or submit the required medical report, the person's operating privilege shall be denied, canceled or suspended under s. 343.06(1) (d) or 343.16(5), Stats., until the department is notified of compliance.

(hm) When a person has an OWI arrest after an assessment and prior to completion of a driver plan, the person shall be considered in noncompliance by the department and the person's operating privilege shall be denied, cancelled or suspended.

(i) When a person fails to attend the interview scheduled according to s. Trans 107.06 (1), the person's operating privilege shall be denied or cancelled.

(j) Pursuant to s. 343.16(5), 343.30(1q) (c) 1m. or (d), or 343.305(10) (d), Stats., the department shall suspend a person's operating privilege for noncompliance until such time as the person is eligible for reinstatement under sub. (2), and may not issue an occupational license to the person, under any of the following conditions:
1. The person fails to comply with a court ordered or department ordered assessment.

2. The person fails to timely pay an assessment fee resulting from a court ordered assessment or a driver safety plan fee, or an installment of either fee, except driver safety plan fees imposed as the result of a court ordered assessment dated on or before July 28, 1995.

3. The person fails to timely pay an assessment fee resulting from a department ordered or voluntary assessment or a driver safety plan, or any installment of any of these fees, and the person has been convicted of an offense for which assessment is mandatory, except driver safety plan fees imposed as the result of a court ordered assessment dated on or before July 28, 1995.

4. The person has an OWI arrest after an assessment and prior to completion of a driver safety plan.

5. The department receives a noncompliance report from a county department, a traffic safety school approved under s. 345.60, Stats., or a program in another state.

(k) The department shall cancel an occupational license and may not issue a license to any person who has 2 or more prior OWIs and who fails to comply with a driver safety plan.

Note: Authority: Section 343.10(2) (e), Stats., eff. January 1, 1993.

(l) The department shall cancel the operating privilege of any person who meets the criteria of par. (g) and who fails to comply with a driver safety plan.

(m) The department shall deny, cancel or suspend the operating privilege of any person who has an OWI arrest after submitting to a voluntary assessment and prior to completion of the driver safety plan resulting from that assessment.

(n) The department may not deny, cancel or suspend the operating privilege of a person who submits to a department ordered or voluntary assessment and who does not pay the assessment fee or driver safety plan fee, unless the person is convicted of an offense for which assessment and compliance with a driver safety plan is mandatory.

Note: After conviction, failure to pay assessment or driver safety plan fees will result in suspension under s. Trans 107.08 (1) (j) 3.

(o) When the court or department has ordered an occupational license, but because of requirements in s. 343.10(1), (2) (e), or (5) (a) 2, 343.30(1q) (b), 343.305(10) (b), 343.31(3m) or 343.35(1), Stats., or ch. Trans 117, the person is not eligible for licensing, the occupational license shall be denied.

(2) APPROVAL. If all other reasons for license denial, cancellation, revocation or suspension and related conditions for reinstatement are met, a person may be licensed when any of the following conditions are met:

(a) When the person has received inpatient treatment and the hospitalization certificate shows satisfactory release, or there is verification of participation or satisfactory completion in another treatment program approved under s. 51.42 or 51.45, Stats., and there is no evidence from a medical report or assessment of chemical abuse since treatment, and there has been no OWI or OWI arrest within the past 2 years.

(b) When the assessment report or compliance report from a county department shows the person has agreed to participate in a recommended driver safety plan or satisfactorily completed a treatment program, and the person is no longer abusing chemicals.

(c) If the reason for the denial, cancellation, suspension or revocation of the person's operating privilege was not an assessment, and a medical report submitted by the person's personal physician indicates the person is receiving, or has received, adequate treatment for chemical abuse or dependency, and the person has responded favorably to the treatment and is no longer abusing chemicals.

(d) When a new driver safety plan is received after the person has an OWI conviction that occurs while the person is suspended or canceled for noncompliance as a result of sub. (1)(b), (c), (d), (e), (f) or (hm).

(e) When a person, county department, or traffic safety school under s. 345.60, Stats., submits the report or reports showing compliance with an assessment or driver safety plan after the operating privilege has been suspended as a result of sub. (1)(j) for any noncompliance with the assessment or plan.

(f) When a program in another state submits a report showing the person has been examined for chemical abuse or dependency and has followed a recommended program of education or treatment established to meet the requirements of that other state.

(3) REFUSAL, PERSONS UNDER AGE 19. If a person less than 19 years of age refuses to submit to chemical tests upon arrest for a violation of s. 346.63(2m), Stats., or a local ordinance or a law of a federally-recognized American Indian tribe or band in this state in conformity therewith, the person is eligible for an occupational license under s. 343.10, Stats., after the first 15 days of the revocation period. The person shall not be required to comply with any assessment or driver safety plan for the refusal.

Note: Section 346.63(2m), Stats., requires absolute sobriety of drivers less than 19 years of age. Section 343.305(10) (em), Stats., provides for a 15-day occupational license waiting period.

(4) DEPARTMENT ACTION IN LIEU OF COURT ACTION. As provided under ss. 343.30(1q) (f) and 343.305(10) (f), Stats., the department shall order:

(a) The minimum revocation or suspension provided under statute when the court fails to order a revocation or suspension.

(b) An assessment when the court fails to order one.

(5) NOTICE OF LICENSING ACTION.

(a) Persons affected by any departmental licensing action shall be given written notice, by first class mail, sent to the address last known to the department.

(b) A notice of license denial, cancellation, revocation or suspension, shall include the reason for the action. Cancellations and notices of suspension for noncompliance shall include information on any applicable review and appeal procedures.

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