Operating After Revocation in Wisconsin: Penalties & Next Steps

If you have been charged with driving after your license has been revoked in Wisconsin, understanding your situation is crucial. The consequences for “Operating After Revocation” (OAR) are serious and can escalate quickly. This post explains why licenses are revoked, the penalties for OAR, and the next steps you should consider if you’re facing this charge.

If you or a loved one has been charged with operating after revocation in Wisconsin, it’s essential to contact an experienced attorney as soon as possible. An attorney can explain the specific circumstances of your case and help you navigate the legal process to protect your rights and future.

What Does “Operating After Revocation” Mean?

Operating After Revocation (OAR) occurs when a person is caught driving after their license has been revoked, regardless of whether they are aware of the revocation. In Wisconsin, this charge can be either a traffic ticket or a criminal offense, depending on the reason for the revocation:

• If the revocation was OWI-related (including alcohol, controlled substances, or refusal to test), OAR is treated as a misdemeanor crime.

• If the revocation was not OWI-related, it is generally handled as a non-criminal traffic citation (forfeiture).

Importantly, Wisconsin law does not require the driver to know their license was revoked to be convicted of OAR. Ignorance of the status is not a defense.

Why Do Licenses Get Revoked in Wisconsin?

Your driving privileges can be revoked or suspended for a variety of reasons. Some of the most common causes include:

• Operating While Intoxicated (OWI) Convictions: A conviction for OWI or related offenses is a leading reason for license revocation, even on a first offense.

• Demerit Points Accumulation: Wisconsin drivers who accumulate too many demerit points within a year can lose their license.

• Unpaid Tickets or Fines: Failing to pay fines for traffic violations or other court-ordered penalties can result in revocation.

• Other Causes: Additional reasons can include refusal to take a chemical test (implied consent violation), serious traffic offenses, or being a habitual traffic offender.

Penalties for Operating After Revocation (OAR) in Wisconsin

The penalties for OAR in Wisconsin are outlined in Wisconsin Statutes § 343.44 and are significant, especially if the revocation stemmed from an OWI or refusal offense.

1. Jail Time

• Up to one year in county jail for an OAR following an OWI-related revocation.

• Jail is not always mandatory, but is commonly imposed, especially for repeat offenses.

2. Fines

• Fines up to $2,500 for OAR after an OWI-related revocation.

• Non-OWI OAR cases can still result in forfeitures up to $2,500.

3. Additional License Revocation

• An additional six months of revoked driving privileges is standard upon conviction.

• This period is added to any existing revocation time, making it even longer before you can legally drive.

4. Court Costs

• Expect significant court costs and administrative fees on top of the fine.

5. Points and Record Impact

• A non-criminal OAR conviction results in six points on your license.

• Convictions remain on your driving record and can impact insurance rates and future legal situations, often for life.

6. Enhanced Penalties

• If OAR leads to an accident causing great bodily harm or death, felony charges and much steeper penalties may apply.

Common Situations and Misunderstandings

Many drivers facing OAR are surprised to learn it is a criminal charge and not just a ticket—especially if they were stopped for a routine traffic matter and issued what looks like a citation. If you miss your mandatory court date, a warrant for your arrest can be issued.

For those with an occupational license, failing to follow its restrictions (such as driving outside approved hours or purposes) also counts as operating after revocation and can lead to criminal charges.

OAR vs. OAS: Know the Difference

• Operating After Revocation (OAR): Can be a crime or a ticket; penalties are much more severe, especially with an OWI history.

• Operating After Suspension (OAS): Always a non-criminal traffic ticket with lower fines and fewer points.

How Long Does an OAR Conviction Stay on Your Record?

An OAR conviction, especially one linked to OWI, can stay on your Wisconsin driving record for life. This can impact future charges, insurance, and employment.

What Should You Do If Charged With OAR?

Facing an OAR charge is serious, but you have options:

1. Consult an Experienced Attorney: Many jail sentences can be avoided, especially for first-time offenses. Legal counsel can sometimes negotiate for reduced charges or alternative sentencing. Contact Stangl Law now.

2. Get Your License Reinstated: In some cases, regaining your regular driving privileges before your court date can improve your outcome.

3. Don’t Ignore Your Court Date: Always appear in court as required. Missing a court appearance will only make matters worse.

4. Understand Your Rights and Next Steps: Every situation is different, and an attorney can help clarify your options.

Why Choose Stangl Law?

Stangl Law is experienced in defending clients against operating after revocation charges across Wisconsin. We understand the nuances of these cases—whether you’re in Madison, Waukesha, Milwaukee, or anywhere in the state. We will examine your case, look for defenses, and fight to minimize or eliminate the penalties you face.

If you or someone you know has been charged with Operating After Revocation, don’t wait. The consequences can escalate quickly, but having the right legal team can make a substantial difference. Contact Stangl Law for a free, confidential consultation and protect your future.

FREE 10-Minute Consultation

If you need help fighting an operating after revocation charge—whether in Madison or anywhere in Wisconsin—Attorney Pat Stangl offers a FREE 10-minute consultation. Discuss your case, ask questions, and explore your defense options for operating while revoked or any related criminal charges. Click the link below to get started.