Wisconsin Statutes

Wis. Stat. § 961.50 (2026)

Suspension or revocation of operating privilege

✓ current as of July 2026
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961.50961.50Suspension or revocation of operating privilege.
961.50(1)(1)If a person is convicted of any violation of this chapter, the court may, in addition to any other penalties that may apply to the crime, suspend the person’s operating privilege, as defined in s. 340.01 (40), for not less than 6 months nor more than 5 years. If a court suspends a person’s operating privilege under this subsection, the court may take possession of any suspended license. If the court takes possession of a license, it shall destroy the license. The court shall forward to the department of transportation the record of conviction and notice of the suspension. The person is eligible for an occupational license under s. 343.10 as follows:
961.50(1)(a)(a) For the first such conviction, at any time.
961.50(1)(b)(b) For a 2nd conviction within a 5-year period, after the first 60 days of the suspension or revocation period.
961.50(1)(c)(c) For a 3rd or subsequent conviction within a 5-year period, after the first 90 days of the suspension or revocation period.
961.50(2)(2)For purposes of counting the number of convictions under sub. (1), convictions under the law of a federally recognized American Indian tribe or band in this state, federal law or the law of another jurisdiction, as defined in s. 343.32 (1m) (a), for any offense therein which, if the person had committed the offense in this state and been convicted of the offense under the laws of this state, would have required suspension or revocation of such person’s operating privilege under this section, shall be counted and given the effect specified under sub. (1). The 5-year period under this section shall be measured from the dates of the violations which resulted in the convictions.
961.50(3)(3)If the person’s license or operating privilege is currently suspended or revoked or the person does not currently possess a valid operator’s license issued under ch. 343, the suspension or revocation under this section is effective on the date on which the person is first eligible for issuance, renewal, or reinstatement of an operator’s license under ch. 343.
961.50 HistoryHistory: 1991 a. 39; 1993 a. 16, 480; 1995 a. 448 s. 291; Stats. 1995 s. 961.50; 1997 a. 84; 2009 a. 8, 103; 2011 a. 258.
Notes of Decisions
Cited in 4 cases (1 in the last 5 years), 2000–2023 · leading case: State v. Herman, 2002 WI App 28 (Wis. Ct. App. 2001).
State v. Herman, 2002 WI App 28 (Wis. Ct. App. 2001). · cites it 42× “The circuit court suspended Herman's operating privilege for six months after concluding that it had no discretion to impose less than the minimum suspension mandated by Wis. Stat. § 961.50 , which applies to those who are convicted of violating Wis.”
State v. Hughes, 2000 WI 24 (Wis. 2000). · cites it 4× “Wis. Stat. § 961.50 . ¶ 38. The legislature has also established a graduated scale of penalties which raises the maximum penalties as the quantity of the drug increases and intent to deliver is present.”
Chesapeake Operating, LLC v. State of Wyoming, Dep't of Revenue, 2023 WY 107 (Wyo. 2023). “2d 539, 544 (“Although we have concluded that Wis. Stat. § 961.50 is unambiguous on its face, we recognize that a statute that is plain on its face may be rendered ambiguous by the context in which it is sought to be applied.”
People v. Rohn, 55 V.I. 100 (2011). “CODE ANN. § 56-1-745 (2010) (six-month suspension); TEX.”
— Wis. Stat. § 961.50(1) — 1 case
State v. Herman, 2002 WI App 28 (Wis. Ct. App. 2001). “The circuit court suspended Herman's operating privilege for six months after concluding that it had no discretion to impose less than the minimum suspension mandated by Wis. Stat. § 961.50 , which applies to those who are convicted of violating Wis.”
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