Legal Question in Traffic Law in Wisconsin

DL Trouble - suspension & reinstatement

I got a DUI in Montana and have completed everything that I needed to do to fullfill the sentencing order. The charge in Montana was a DUI ''per se.'' One of the requirements was a 6 month suspension on my driver's license, which I wasn't really sure of because my sentencing order didn't specify. I surrendered my DL to the Montana court when I plead guilty. Recently, I went to get a duplicate license in Wisconsin and there were two questions on the form I had to fill out. 1-''Have you been convicted of driving under the influence in any other state?'' and 2-''Has you DL been suspended,revoked,etc...?'' I answered no to both of these questions because I didn't think a DUI ''per se'' was a DUI charge. I thought I was taking the sentence of a DUI without being charged with a DUI. Also, since the sentencing order said nothing of a suspension, I thought I was fine there too. Since talking to my attorney in Montana, he advised me that I answered those questions incorrectly and I need to remedy the situation. On the form it says that I could pay a fine of $1000, six months in jail or revocation of DL for 1 year. What are my options? I got the duplicate only two days before my six months was up too.


Asked on 12/04/04, 11:27 pm

1 Answer from Attorneys
JAY Nixon nixon law offices

Out of State Suspension & Reinstatement

I would defer to your Montana lawyer since I do not know what a Montana "DUI per se" means for purposes of WI law. Generally speaking, a "hold open" would not be considered a conviction, although judicial probation and sentence as a part of the hold open probably would count as a conviction. The criminal charges you could face for falsifying a license application could be a greater problem for you than going through the proper procedures for reinstatement. Reinstatement your out of state privileges is often required before you can get your WI license. You may qualify for an occupational permit even if you cannot get a regular WI license. Before you confess to potential falsificaion in WI, however, you should consult with a WI criminal lawyer.

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Answered on 12/07/04, 8:19 am


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