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Wisconsin Statutory Elements and Consequences

Chapter 343 Operator's Licenses

The Wisconsin Statutory Elements and Consequences is a compilation of criminal statutory components, organized by Wisconsin statute chapter and enhanced with definitions of frequently referenced terms, and links to Wisconsin Criminal Jury Instructions. The information provided on this website should not be construed as legal advice and is meant for informational purposes only. Please note that this information may not be up to date. For more information about this resource, contact Bryce Pierson by email or phone at (608) 266-7807.

Table of contents

 

§ 343.05(3)(a) Operating a motor vehicle without a valid operator’s license

Summary

To be guilty of this offense, the prosecution must prove that the defendant operated a motor vehicle (that is not a commercial motor vehicle) on a highway in the state and did not possess a valid operator’s license issued by the department, which was not revoked, suspended, canceled, or expired.

Elements of the Offense

  1. Operation of a Motor Vehicle: The defendant must operate a motor vehicle, which is not a commercial motor vehicle.
  2. Location: The operation of the motor vehicle must occur upon a highway in the state.
  3. Valid Operator’s License: The defendant does not possess a valid operator’s license issued by the department at the time of operation. (A revoked, suspended, canceled, or expired license is not a valid license.)

Jury Instruction

Wis JI-Criminal 2610

 

§ 343.05(3)(a) Operating a motor vehicle without a valid operator’s license: causing great bodily harm or death

Summary

To be guilty of this offense, the prosecution must prove that the defendant operated a motor vehicle (that is not a commercial motor vehicle) on a highway in the state without possessing a valid operator’s license issued by the department, which is not revoked, suspended, canceled, or expired. Additionally, the prosecution must prove that during the course of this violation, the defendant caused great bodily harm to another person. If the defendant knew at the time of the violation that he or she did not possess a valid operator’s license, the offense is elevated to a Class I felony.

Elements of the Offense

  1. Operation of a Motor Vehicle: The defendant must operate a motor vehicle, which is not be a commercial motor vehicle.
  2. Location: The operation of the motor vehicle must occur upon a highway in the state.
  3. Valid Operator’s License: The defendant does not possess a valid operator’s license issued by the department at the time of operation. (A revoked, suspended, canceled, or expired license is not a valid license.)
  4. Violation Resulting in Harm: During the course of the violation, the defendant causes great bodily harm to another person.
  5. Knowledge of License Status (for Class I Felony): If the defendant knows at the time of the violation that he or she does not possess a valid operator’s license, the offense is elevated to a Class I felony.

Jury Instruction

Wis JI-Criminal 2612

 

§ 343.44(1)(a) Operating while suspended: civil forfeiture

Summary

To be guilty of this offense, the prosecution must prove that the defendant is a person whose operating privilege has been duly suspended under the laws of this state, operated a motor vehicle on any highway in this state and did so during the period of suspension of their operating privilege.

Elements of the Offense

  1. Operation of a Motor Vehicle: The defendant must operate a motor vehicle upon any highway in this state.
  2. Suspension of Operating Privilege: The defendant’s operating privilege must have been duly suspended under the laws of this state.
  3. During the Period of Suspension: The operation of the motor vehicle must occur during the period of suspension of the operating privilege.

Jury Instruction

Wis JI-Criminal 2622

 

§ 343.44(1)(a) and (2)(ag)2. and 3. Operating while suspended: criminal offense: causing great bodily harm or death

Summary

To be guilty of this offense, the prosecution must prove that the defendant’s operating privilege has been duly suspended under the laws of this state, operated a motor vehicle on any highway in this state, and did so during the period of suspension of their operating privilege. Additionally, if the defendant causes great bodily harm or death during the course of the violation, specific penalties apply, including fines, imprisonment, and classification as a Class I or Class H felony if the defendant knew their operating privilege was suspended.

Elements of the Offense

  1. Operation of a Motor Vehicle: The defendant must operate a motor vehicle upon any highway in this state.
  2. Suspension of Operating Privilege: The defendant’s operating privilege must have been duly suspended under the laws of this state.
  3. During the Period of Suspension: The operation of the motor vehicle must occur during the period of suspension of the operating privilege.
  4. [Penalty Increasing Facts:
    1. Causing Great Bodily Harm: The defendant’s operation of the motor vehicle causes great bodily harm, and the defendant knows at the time of the violation that his or her operating privilege has been suspended. (Class I felony).
    2. Causing Death: The defendant’s operation of the motor vehicle causes death, and the defendant knows at the time of the violation that his or her operating privilege has been suspended. (Class H felony).]

Jury Instruction

Wis JI-Criminal 2623A

 

§ 343.44(1)(b) and (2)(ar)1. Operating while revoked: civil forfeiture

Summary

To be guilty of this offense, the prosecution must prove that the defendant is a person whose operating privilege has been duly revoked under the laws of this state, who operated a motor vehicle on any highway in this state and did so during the period of revocation of their operating privilege.

Elements of the Offense

  1. Operation of a Motor Vehicle: The defendant must operate a motor vehicle upon any highway in this state.
  2. Revocation of Operating Privilege: The defendant’s operating privilege must have been duly revoked under the laws of this state.
  3. During the Period of Revocation: The operation of the motor vehicle must occur during the period of revocation of the operating privilege.

Jury Instruction

Wis JI-Criminal 2621A

 

§ 343.44(1)(b) and (2)(ar)2. Operating while revoked: criminal offense: revocation resulted from an OWI-related offense

Summary

To be guilty of this offense, the prosecution must prove that the defendant is a person whose operating privilege has been duly revoked under the laws of this state, who operated a motor vehicle on any highway in this state and did so during the period of revocation of their operating privilege, and the revocation resulted from an offense that may be counted under s. 343.307 (2).

Elements of the Offense

  1. Operation of a Motor Vehicle: The defendant must operate a motor vehicle upon any highway in this state.
  2. Revocation of Operating Privilege: The defendant’s operating privilege must have been duly revoked under the laws of this state.
  3. During the Period of Revocation: The operation of the motor vehicle must occur during the period of revocation of the operating privilege.
  4. Type of Revocation: The revocation must have resulted from an offense that may be counted under s. 343.307 (2).

Jury Instruction

Wis JI-Criminal 2620A

 

§ 343.44(1)(b) and (2)(ar)3. and 4. Operating while revoked: criminal offense: causing great bodily harm or death

Summary

To be guilty of this offense, the prosecution must prove that the defendant is a person whose operating privilege has been duly revoked under the laws of this state, operated a motor vehicle on any highway in this state and did so during the period of revocation. Additionally, if the defendant causes great bodily harm or death during the course of the violation, specific penalties apply, including fines, imprisonment, and classification as a Class I or Class H felony if the defendant knew their operating privilege was revoked.

Elements of the Offense

  1. Operation of a Motor Vehicle: The defendant must operate a motor vehicle upon any highway in this state.
  2. Revocation of Operating Privilege: The defendant’s operating privilege must have been duly revoked under the laws of this state.
  3. During the Period of Revocation: The operation of the motor vehicle must occur during the period of revocation of the operating privilege.
  4. [Penalty Increasing Facts:
    1. Causing Great Bodily Harm: The defendant’s operation of the motor vehicle causes great bodily harm, and the defendant knows at the time of the violation that his or her operating privilege has been revoked. (Class I felony).
    2. Causing Death: The defendant’s operation of the motor vehicle causes death, and the defendant knows at the time of the violation that his or her operating privilege has been revoked. (Class H felony).]

Jury Instruction

Wis JI-Criminal 2623C

 

§ 343.44(1)(b) and (2)(ar)2m. Operating while revoked: criminal offense: permanent revocation

Summary

To be guilty of this offense, the prosecution must prove that the defendant is a person whose operating privilege has been duly revoked under the laws of this state, who operated a motor vehicle on any highway in this state, and did so during the period of permanent revocation.

Elements of the Offense

  1. Operation of a Motor Vehicle: The defendant must operate a motor vehicle upon any highway in this state.
  2. Revocation of Operating Privilege: The defendant’s operating privilege must have been duly revoked under the laws of this state.
  3. During the Period of Revocation: The operation of the motor vehicle must occur during the period of permanent revocation of the operating privilege.

Jury Instruction

Wis JI-Criminal 2626

 

Updated January 2025

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