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Operating A Vehicle After Revocation Or Suspension

Home » Criminal Defense » Operating A Vehicle After Revocation Or Suspension

The Risks Of Driving After Revocation Or Suspension

Wisconsin requires any person operating a motor vehicle to have a valid driver’s license at the time of operation.
Vehicle operators may, for a variety of reasons, experience periods of time in which their driving privileges have been either suspended or revoked due to:
  • Unpaid tickets
  • Accumulation of too many demerit points within one year
  • A conviction for operating while intoxicated or affiliated offenses
When people drive with a suspended or revoked license, they can be charged with operating after revocation (OAR) or operating after suspension (OAS).

OAR/OAS Offenses Can Be Civil Or Criminal

Most OAR and OAS tickets are civil in nature, carrying the potential for fines and additional license revocations. If a driver’s license is revoked as a result of an OWI-related conviction, however, the OAR ticket may also be a criminal offense that exposes the driver to the potential of facing an OAR conviction, having to serve jail time in addition to fines, costs and the potential for additional loss of licensure. Penalties increase based on the number of prior offenses a driver has for either OAR or OAS offenses.
Driving after revocation in Wisconsin can carry a variety fines and can lead to criminal charges and a conviction. That’s why it’s important to consider consulting an attorney if you face OAR charges.

Frequently Asked Questions About Operating a Vehicle with a Suspended License in Madison, WI

Even a short drive during a suspension or revocation can lead to a citation or, in some situations, criminal penalties. The answers below explain common issues related to operating after suspension or revocation in Wisconsin. If you have questions about a citation or charge, contact the lawyers at our law firm today.
Wisconsin law prohibits driving a motor vehicle on a highway while your operating privileges are suspended. A suspension temporarily removes your legal ability to drive. If you drive during that period, or if you violate restrictions attached to an occupational license, you can receive a citation.
Operating after revocation involves driving after the state has taken away your operating privileges. Revocations often follow more serious offenses or repeated violations. Driving during a revocation period violates Wisconsin law and generally has harsher penalties than driving during a suspension. Our attorneys can explain the rules to you.

In most situations, operating while suspended results in a civil forfeiture rather than a criminal charge. Wisconsin law generally requires a forfeiture of $50 to $200 for a standard violation. However, criminal penalties may apply if the violation involves serious circumstances, such as causing great bodily harm or death, and the driver knew about the suspension.

Penalties for operating after revocation vary depending on the circumstances. Wisconsin law allows a forfeiture of up to $2,500 for certain violations. In some situations, particularly when the revocation resulted from an offense counted under Wisconsin’s OWI laws, a person may face a fine of up to $2,500 and up to one year in jail. Our defense lawyers in Madison can help avoid or reduce those penalties.

Yes, you can be arrested when the violation qualifies as a criminal offense. Some operating-after-revocation violations allow a penalty that includes possible jail time. When the situation qualifies, an officer may make an arrest instead of issuing a citation.

Wisconsin law states that knowledge of the suspension or revocation is not an element of the offense. The law also states that failure to receive notice mailed to your last known address does not serve as a defense in many situations. Drivers are responsible for knowing and complying with the status of their operating privileges. If you have any questions, contact an attorney at our Madison, WI law firm for help.

Wisconsin may allow certain drivers to obtain an occupational license that permits limited driving during a suspension or revocation. These licenses often restrict the hours or purposes of travel. Driving outside those restrictions can result in a citation, so ask your attorney if you aren’t sure of the rules.
Wisconsin law increases penalties if a driver causes great bodily harm or death while operating during a suspension or revocation. In those circumstances, the potential fines increase significantly, and criminal penalties may apply.
Yes. Wisconsin law allows courts to review several factors when determining penalties for certain violations, including prior convictions within the previous five years. They’ll also consider the reason for the revocation and the circumstances surrounding the incident.
Yes. A traffic stop may result in multiple citations. For example, you could get a citation for operating while suspended along with another violation, such as speeding or failure to signal. Each citation has its own potential penalties under Wisconsin law.

Driving After Revocation WI: Defending Against An OAR Or OAS Charge In Wisconsin

Aggressive defense of OAR and OAS cases in Wisconsin typically involves the attorney working with the client to find out the root cause of the license suspension or revocation. If a driver’s license can be reinstated while an OAR or OAS case is pending, our attorneys will work with the client to assist in doing so. License reinstatement provides a strong incentive for prosecutorial agencies to reduce or dismiss the tickets, though that outcome is never a guarantee.
Wisconsin law currently allows random registration checks on motor vehicles, and in the event that such a check shows that the vehicle is registered to an unlicensed owner, this alone can form the basis of an investigative stop, even if the vehicle’s operator has committed no other traffic violations.

If you have been charged with an OAR or OAS offense, our Madison defense lawyers can help you retain your driver’s license. Call us today for a free 30-minute initial case review at 608-237-6854 or fill out our online contact form.

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