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

Current through June 24, 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.