343.39 When operating privilege automatically reinstated.
(1) An operating privilege is automatically reinstated under any of the following circumstances:
(b) When, in the case of a revocation, suspension, or disqualification based on a conviction, the conviction is reversed, set aside or vacated. This paragraph applies whether or not the conviction occurred in this state and whether or not the conviction was cause for revocation, suspension, or disqualification only when considered in connection with the person's entire operating record.
(c) Whenever any other provision of law provides for automatic reinstatement.
(2) Whenever a person's operating privilege is automatically reinstated, the department shall forthwith notify such person thereof. If the person's license is expired, the person may renew the license at the standard renewal fee at any time after the reinstatement of the person's operating privilege. If the person states to the department that he or she no longer possesses the license because the license was surrendered to a court, and the person has satisfied all requirements under sub. (1), the department shall issue a new license without any additional fee for the license.
History: 1973 c. 90; 1977 c. 29 s. 1654 (7) (a); 1977 c. 273; 1991 a. 39, 277; 1993 a. 16; 1997 a. 84; 2007 a. 20; 2009 a. 100, 103.
Reinstatement under sub. (1) (b) is not retroactive to the date of conviction. State v. Orethun, 84 Wis. 2d 487, 267 N.W.2d 318 (1978).
Structure Wisconsin Statutes & Annotations
Wisconsin Statutes & Annotations
Chapter 343 - Operators' licenses.
343.01 - Words and phrases defined.
343.02 - Administration of driver license law.
343.025 - Medicare acceptance of assignment; information; report.
343.027 - Confidentiality of signatures.
343.03 - Classified driver license system.
343.04 - Vehicle classifications.
343.05 - Operators to be licensed; exceptions.
343.055 - Commercial driver license waivers.
343.06 - Persons not to be licensed.
343.065 - Restricted commercial driver license.
343.075 - Instructional permits for applicants for special restricted operators' licenses.
343.08 - Restricted licenses for persons under 18 years of age.
343.085 - Probationary licenses to new drivers.
343.10 - Occupational licenses.
343.11 - Temporary license for persons previously licensed in another state.
343.12 - School bus operators to obtain special authorization.
343.125 - Endorsements for transporting certain hazardous materials.
343.135 - Special restricted operator's license.
343.14 - Application for license.
343.16 - Examination of applicants; reexamination of licensed persons.
343.165 - Processing license and identification card applications.
343.17 - Contents and issuance of operator's license.
343.175 - Organ donor information.
343.18 - License to be carried; verification of signature.
343.19 - Duplicate licenses or identification cards.
343.20 - Expiration of licenses.
343.22 - Notice of change of address or name.
343.23 - Records to be kept by the department.
343.234 - Department to furnish information to the selective service system.
343.235 - Access to license and identification card records.
343.237 - Access to license and identification card photographs and fingerprints.
343.24 - Department to furnish operating record.
343.245 - Duties of commercial motor vehicle drivers; employer responsibilities; penalties.
343.247 - Employer notification program.
343.25 - Cancellation of licenses.
343.26 - License after cancellation.
343.265 - Voluntary surrender and reissuance after surrender.
343.28 - Courts to report convictions and forward licenses to the department.
343.30 - Suspension and revocation by the courts.
343.301 - Installation of ignition interlock device.
343.303 - Preliminary breath screening test.
343.305 - Tests for intoxication; administrative suspension and court-ordered revocation.
343.307 - Prior convictions, suspensions or revocations to be counted as offenses.
343.31 - Revocation or suspension of licenses after certain convictions or declarations.
343.315 - Commercial motor vehicle disqualifications; effects.
343.32 - Other grounds for revocation or suspension of licenses; demerit points.
343.325 - Courts to report appeals; when appeal stays suspension, revocation or disqualification.
343.33 - Hearing on suspensions and revocations.
343.34 - Suspension of licenses.
343.345 - Restriction, limitation or suspension of operating privilege.
343.35 - Surrender of licenses upon cancellation, revocation or suspension.
343.37 - No operation under foreign license during revocation or suspension.
343.38 - Reinstatement after revocation, suspension, cancellation, or disqualification.
343.39 - When operating privilege automatically reinstated.
343.40 - Judicial review of suspension, revocation, cancellation or denial of license.
343.43 - Unlawful use of license.
343.435 - License not to be used as security.
343.44 - Operating while suspended, revoked, ordered out-of-service or disqualified.
343.45 - Permitting unauthorized person to drive.
343.46 - Duty of persons renting vehicles to another.
343.50 - Identification cards.
343.51 - Special identification cards for physically disabled.
343.52 - Unlawful use of special identification cards.
343.61 - Driver school requirements.
343.62 - Instructor requirements.
343.71 - Driver school records, curriculum, and operations.
343.72 - Rules for conducting driver schools; prohibited practices.