SB 495

Current law prohibits a person from operating a motor vehicle on the highway

during any period in which the person's motor vehicle operating privilege is

suspended (operating while suspended or OWS) or revoked (operating after

revocation or OAR) or, with limited exceptions, if the person does not possess a valid

operator's license (operating without a license or OWL).

Under current law, a person convicted of OWS must forfeit not less than $50 nor

more than $200. In addition, a person convicted of "knowing" OWS may be required

to forfeit not more than $200. A person convicted of first-offense OAR must forfeit

not more than $2,500 unless the underlying operating privilege revocation was the

result of specified traffic violations involving alcohol or controlled substances. A

person convicted of OAR who has a prior conviction in the preceding five-year period

under state statutes for OAR (but not under a local ordinance) or for whom the

underlying operating privilege revocation was the result of specified traffic

violations involving alcohol or controlled substances must be fined not more than

$2,500 or imprisoned for not more than one year or both. Also under current law, as

created in

2005 Wisconsin Act 412

, a person who, in the course of a "knowing" OWS

violation or OAR violation, causes: 1) damage to the property of another must forfeit

$1,000; 2) injury to another person must forfeit $5,000; or 3) great bodily harm or

death to another person is guilty of a Class A misdemeanor, punishable by a

maximum fine of $10,000 or a maximum term of imprisonment of nine months or

both.

Under current law, with limited exceptions, a person convicted of OWL with

respect to a motor vehicle that is not a commercial motor vehicle may be required to

forfeit not more than $200 for the first offense, may be fined not more than $300 and

imprisoned for not more than 30 days for the second offense occurring within three

years, and may be fined not more than $500 and imprisoned for not more than six

months for the third or subsequent offense occurring within three years. Under one

exception, if the OWL violation results from the person's operator's license being

expired for not more than three months and the person has no prior OWL convictions,

the person may be required to forfeit not more than $100 for the OWL violation.

Under another exception, as created in

2005 Wisconsin Act 412

, if, in the course of

operating the vehicle knowingly without a valid operator's license or knowingly with

an operator's license that has been revoked, suspended, or canceled, the person

causes: 1) damage to the property of another, the person must forfeit $1,000; 2) injury

to another person, the person must forfeit $5,000; or 3) great bodily harm or death

to another person, the person is guilty of a Class A misdemeanor.