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12 demerit points accumulated at one time will result in the suspension of a Wisconsin driver’s license. Demerit points are accumulated through various offenses from speeding tickets to OWIs. Points go away after a year from the time of the offense and can be reduced through proper representation at your court date.
Many traffic violations, like speeding, going through a red light, unsafely deviating from your lane, or other tickets can cause demerit points to be applied to your license. If you receive twelve points or more within a 12-month period your license will be suspended.
License holders who accumulate between 12 and 16 points within a 12-month span will receive a two-month suspension. Suspension periods can increase all the way up to a full year if a driver gets 31 or more points within a 12-month span.
Points remain on your license for twelve months. The twelve-month clock starts from the violation date, not the conviction date.
You can check your current point total by contacting the Wisconsin Department of Transportation. When speaking to a representative, you can ask for the current number of points on your record or ask for a copy of your driver history. This history can be used to determine your current point total.
If a driver has accumulated between 6 and 11 points in a 12-month period and subscribes to the Wisconsin DOT eNotify system, they will receive a warning notification by text or email.
If you are cited for a traffic violation that can result in demerit points, the simplest and easiest way to reduce the points is to appear in court with an attorney on your ticket date. At that date, you and your attorney can discuss the citation with the prosecutor assigned to the ticket and potentially negotiate a better resolution than the original ticket you received.
If you receive an offer to resolve that is unacceptable you can contest the matter further. It is possible, depending on the evidence, to contest the matter at trial or with a motion to suppress. If the prosecution does not meet its burden of proof the ticket will be dismissed.
After having received demerit points it is also possible to reduce your points through a class. Once every three years you can remove up to three points from your record after completing an approved traffic safety course. These courses are offered through the Wisconsin Technical College system.
As noted above, the best way to avoid points on your license after receiving a citation is to appear at your court date. If you hire an attorney, he or she can appear on your behalf. Many unrepresented people do not bother to attend their court dates or retain an attorney to do so on their behalf. If nobody appears, that is treated as a No Contest plea and the driver will be convicted of the ticket and have any and all associated demerit points applied to their record.
If no resolution is reached between the prosecution and the driver a trial will be held. At that trial the burden is on the prosecution to prove that the citation occurred. Failure to do so will result in an acquittal on the ticket, meaning no points would be applied to your license. A qualified attorney can help you determine if there are viable defenses or ways to fight citations based on the evidence.
If a person is convicted of a DUI or OWI offense, they will have six demerit points applied to their license. Similarly, if charged with an Operating With a Prohibited Alcohol Concentration (PAC) or Operating With a Restricted Controlled Substance (RCS) offense, that too is six demerit points.
Like other license holders, CDL holders will have their licenses suspended if they accumulate 12 points in a 12-month span. CDL holders also can receive citations that regular drivers cannot. For example, if a CDL holder is caught with any amount of alcohol in his or her system while operating a commercial motor vehicle, he or she is subject to a three-point ticket along with other penalties.
When a driver accumulates twelve or more points his or her license will be suspended as discussed above. If a driver’s license is suspended solely for points, he or she can apply for an occupational license. An occupational license allows a suspended driver to legally drive with restrictions.
Driving while revoked may result in criminal charges for Operating After Revocation. If convicted, the driver could face penalties of up to $2,500.00 in fines and a year in jail.
If a suspended driver drives without an occupational license he or she could be cited for operating while suspended. This is another traffic violation that will result in an additional three demerit points if convicted, and could also lead to additional suspension time. Legally, a revoked license is different from a suspended license.
