Wis. Admin. Code Trans 101.02
Point schedule
Cite as Wis. Admin. Code Trans § 101.02
Point schedule.
Point schedule. Pursuant to s. 343.32 (2) , Stats., the department has established this demerit point system to identify habitually reckless or negligent operators or those who have repeatedly violated traffic laws. Upon receipt of a notice of conviction for an offense under the state traffic laws, a local ordinance, a tribal or federal traffic law, a violation of s. UWS 18.04 , or a traffic regulation, the department shall assess demerit points against the driver record of the person convicted of the offense in the manner and to the extent required by this section and s. 343.32 , Stats. The following scale lists violations according to the number of demerit points assessed, with higher point values being assessed for more severe offenses:
(1) Six demerit point violations. The department shall assess 6 demerit points for any of the following violations:
(a) Failure to perform duty after accident under s. 346.67 or 346.68 , Stats.
(b) Fleeing or attempting to elude an officer, or knowingly resisting an officer by failing to stop a vehicle.
(e) Operating commercial vehicle with alcohol concentration of 0.04 or more but less than 0.1 and causing injury.
(f) Operating while intoxicated and causing injury.
(g) Operating while under influence of intoxicant or controlled substance, or with a prohibited alcohol concentration.
(h) Racing on public highway or engaging in a contest of speed or endurance.
(i) Reckless driving.
(j) Speeding 20 miles per hour or more in excess of lawful or posted speed.
(k) Failure to stop at a railroad crossing.
(2) Four demerit point violations. The department shall assess 4 demerit points for any of the following violations:
(a) Deviating from lane of traffic.
(b) Driving on wrong side of highway.
(c) Driving too fast for conditions.
(d) Failure to have vehicle under control.
(e) Failure by operator to stop for school bus when red lights are flashing.
(f) Failure to yield right of way or failure to yield right of way to emergency vehicle.
(g) Imprudent speed.
(h) Inattentive driving.
(i) Speeding more than 10 miles per hour but less than 20 miles per hour in excess of lawful or posted speed.
(j) Unnecessary acceleration.
(k) Under age 21, operating motor vehicle with any measured alcohol concentration.
(3) Three demerit point violations. The department shall assess 3 demerit points for any of the following violations:
(a) Violation of a restriction on a graduated driver license related to the time or route of travel or passengers permitted.
(c) Failure to dim lamps or lights.
(d) Failure to give appropriate signal.
(e) Failure to obey any official traffic control device.
(f) Following vehicle too closely.
(g) Illegal turn.
(h) Improper brakes.
(i) Improper or unlit or missing lamps or lights, including clearance lamps, spotlamps, headlamps, brake lamps, tail lamps and signal lamps, but not including registration plate lamps or failure to use cycle headlamps during daylight hours.
(j) Operating with multiple licenses.
(k) Operating without having obtained an operator’s license, without a proper license endorsement, without proper license classification for the vehicle being operated, or with a license which has expired, and including the following:
1. Operating a commercial motor vehicle without having obtained a commercial driver license.
2. Operating a school bus without having obtained a school bus endorsement.
3. Operating a Type 1 motorcycle without a license authorizing the operation of class “M” vehicles.
(L) Passing illegally.
(m) Possession of intoxicating beverage while operating or being on duty time with respect to a commercial motor vehicle.
(n) Speeding 10 miles per hour or less in excess of lawful or posted speed.
(p) Violation of license restriction.
(q) Operating after license is revoked or suspended.
(r) Operating commercial motor vehicle while disqualified or out of service.
(4) Two demerit point violations. The department shall assess 2 demerit points for any of the following violations:
(a) Defective speedometer.
(b) Obstructed view or control, including illegally tinted windows.
(c) Obstructing traffic, or driving excessively slow.
(e) All other moving traffic convictions except as provided in sub. (5) .
(5) Zero demerit point violations. The department may not assess demerit points for any of the following violations:
(a) Child safety restraint violation.
(b) Failure to fasten seat belt.
(c) Failure to report an accident under s. 346.69 or 346.70 , Stats.
(d) Failure to transfer certificate of title.
(e) Failure to wear mandatory protective headgear while operating a Type 1 motorcycle.
(f) Falsified accident report.
(g) Falsified application for operator’s license, identification card or motor vehicle title or registration.
(gm) Immobilization device tampering.
(h) Improper license plates.