Wisconsin SB 135 Permanently revokes driving privilege


On March 28, 2018, Governor Scott Walker signed SB 135 into law. Under SB 135 a person who has been convicted of 4 or more offenses of Operating While Intoxicated (OWI) shall face a lifetime revocation of their driving privileges. Additionally, convictions for homicide by intoxicated use of a motor vehicle, or homicide by negligent operation of a motor vehicle count towards a person’s total number of OWI related convictions.

SB 135 requires that the Department of Transportation permanently revoke a person’s driver’s license, with the person having the opportunity to petition for reinstatement after a 10 year period. Further, after a person’s driving privilege is revoked after having 4 or more convictions, they are not eligible for an occupational license.

In order to apply for reinstatement, the individual must:

OWI Vs. DUI SB 135

  1. Demonstrate that 10 years have elapsed since the revocation began
  2. Submit and comply with an assessment by an approved public treatment facility
    1. Examination of the person’s use of alcohol and controlled substances
    2. Develop a formal driver safety plan
  3. Demonstrate that the person has not been convicted of certain felonies or misdemeanors related to motor vehicle use during the 10 year period immediately preceding the application for reinstatement.

SB 135 is not retroactive to individuals who have already been convicted of 4 or more OWI related offenses, however an individual previously convicted of 3 OWI related offenses will have their license revoked after their next conviction. The new law went into effect on March 28, 2018, and applies to anyone convicted of a 4th OWI related offense or more after the effective date.

OWI SB 135

If you are arrested for OWI in Southeastern Wisconsin or Northern Illinois, call Cafferty & Scheidegger, S.C., in Racine, Wisconsin, right away. There are often strategies to help you reduce or dismiss the charges you are facing before you face significant penalties.

Links and Research:

Full Text of Senate Bill 135 (SB 135): https://docs.legis.wisconsin.gov/2017/related/proposals/sb135

Legal history and relevant links of SB 135: https://docs.legis.wisconsin.gov/2017/proposals/sb135

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