If someone is caught driving without a license due to suspension or revocation in Wisconsin, they will face penalties. Operating While Suspended has minor charges, usually a fine up to $200. Operating After Revocation has more severe charges including up to $2,500 in fines and six months in jail. Operating After Revocation usually refers to driving after having your license revoked due to an OWI.
If you drive without a valid license in Wisconsin, you are likely to be subject to fines and potentially jail time if you are caught. If someone forgot to renew or never obtained a license, the consequences will be different than if someone had their license revoked after receiving an OWI or suspended due to too many points or unpaid fines. This page will go through what those penalties can look like.
Penalties for Driving Without a License
If your license expired within the last three months and you haven’t renewed it, a citation should be for no more than a $100 fine.
If you never obtained a license or your license has expired more than three months ago, you may receive a ticket for a fine of up to $200. However, the penalties can escalate to criminal charges if it happens more than once.
Can You Go to Jail for Driving Without a License?
For a second offense of Driving Without a License within three years, you can be charged with a criminal misdemeanor offense and face up to 30 days in jail and $300 in fines. If you are later convicted of a third or more offense of Driving Without a License within five years, the penalties increase to up to six months in jail and $500 in fines.
OWS and OAR Consequences
There are several reasons why your license could be suspended or revoked in Wisconsin. While a suspension and revocation may sound similar, it is important to know the difference. Driving with a suspended license can result in only a non-criminal ticket and a fine. On the other hand, many drivers are surprised to learn that operating with a revoked license is a criminal charge with potential jail time. These penalties still apply even if you didn’t know your license was suspended or revoked.
Operating While Suspended (OWS)
If you are caught driving with a suspended license, you face only a non-criminal ticket with a fine between $50 to $200.
Someone's license could be suspended for a variety of reasons such as an administrative suspension from the DMV related to an OWI case, after receiving more than 12 points on your license within a 12-month period, or a large amount of unpaid fines.
Operating After Revocation (OAR)
If you are caught driving with a revoked license, you can face a fine of up to $2,500, six months in jail, and/or 6 points on our license. They can also add further time onto your revocation.
Operating After Revocation can be a criminal offense or a ticket depending on the reason for the revocation. The reason the license was revoked is what determines whether it is a criminal offense or not.
If your license was revoked due to an OWI, they will charge you with a criminal misdemeanor offense for Operating After Revocation. These OWI related OAR charges can result in a fine of up to $2,500 and up to one year in jail. If in that moment you received only a ticket, check the court date because if you do not appear in court, a warrant may be issued for your arrest.
If the reason for the revocation is not OWI-related, you may receive a non-criminal ticket for Operating After Revocation which still carries a fine of up to $2,500 and six points on your license.
How can I avoid an OWS or OAR?
You may be eligible for an occupational license through the DMV to be able to drive for limited hours, to specific locations, and for defined purposes such as for employment, school, childcare, and homemaker duties. It is important to note that an occupational license does not mean you can drive anywhere at any time. If you drive outside of your occupational hours or purposes, you may still be subject to the Operating After Revocation penalties noted above.
Exceptions to Wisconsin's Driver's License Requirement
There are a few exceptions to needing to have a driver’s license in Wisconsin, such as:
- Someone in the armed forces operating a vehicle owned or leased by the federal government.
- Temporarily moving farm equipment between a farm and a field.
- Operating construction equipment as long as it does not exceed 35 miles per hour.
- A non-resident of the US who is at least 16 years old and has a valid driver’s license from their home country.