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Previous laws of the month

• Wisconsin's 'Absolute Sobriety Law' means not a drop of alcohol for drivers under age 21 - April 2013
• Drivers are responsible for all unbuckled passengers - March 2013
• State law prohibits cell phone use while driving for many teens - February 2013
• Move Over Law: Drivers must provide a safety zone for stopped law enforcement and other emergency vehicles - January 2013
• December is National Drunk & Drugged Driving Prevention Month
  Drugged drivers in Wisconsin face severe punishments - December 2012
• How to meet the challenges of winter driving in Wisconsin - November 2012
• Motorists will need to share the road with farm equipment and other slow-moving vehicles during harvest season - October 2012
• Drivers must be even more vigilant when school starts - September 2012
• Intersection crashes can be prevented by obeying traffic signals - August 2012
• Tailgating increases your risks of a traffic ticket and a crash - July 2012
• Drunken drivers face court-ordered installation of ignition interlock devices - June 2012

April 2013

Wisconsin's 'Absolute Sobriety Law' means not a drop of alcohol for drivers under age 21

With the start of the high school prom season and graduation parties soon to follow, the State Patrol and other law enforcement agencies are reminding young motorists and their parents about Wisconsin’s Absolute Sobriety Law for drivers under age 21.

The law is quite simple. Absolute sobriety for drivers under age 21 means they may not consume any amount of alcohol—not even a drop—and legally operate a motor vehicle.

Young drivers convicted of violating Wisconsin’s Absolute Sobriety Law will have their license suspended for three months. They also will have to pay a $389.50 citation and will have four demerit points assessed on their license.

“At any age, alcohol even in small amounts may impair the mental and physical skills needed to drive safely, such as decision-making, concentration, coordination and reaction time. However, teens and young people, who often are inexperienced drivers, are especially susceptible to the adverse effects of alcohol on their driving ability.” says Wisconsin State Patrol Superintendent Stephen Fitzgerald. “Traffic crashes are the leading cause of death for young people in Wisconsin. And as the prom and graduation party season begins, we don’t want young drivers or their passengers to suffer serious injuries or tragic deaths because of a disastrous decision, such as getting behind the wheel after drinking.”

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March 2013

Drivers are responsible for all unbuckled passengers

Like an airline pilot, all drivers must ensure that all their passengers are buckled up before departing for their destination whether they’re traveling just down the road or across the state. In fact, drivers may be charged with a safety belt violation for each unbuckled passenger.

If a child is unrestrained in a vehicle, the cost to the driver will increase significantly. A violation of child safety restraint requirements costs from $150 to $263 depending on the age of the child and the number of offenses within a three-year period.

Passengers who are unbuckled are extremely vulnerable to serious injury or death in a crash even at relatively low speeds. In 2012, there was a dramatic 37 percent increase in fatalities for passengers in automobiles and light trucks compared with the previous year, according to the Wisconsin State Patrol.

“The significant increase in passengers’ deaths in 2012 indicates that there were far too many vehicle occupants who likely died because they were not wearing safety belts and consequently were ejected from their vehicle or thrown around violently inside it during crashes,” says State Patrol Superintendent Stephen Fitzgerald. “In addition, unrestrained passengers have been known to smash with massive force into other occupants causing serious or fatal injuries.”

To increase compliance with the mandatory safety belt law, the State Patrol and other law enforcement agencies continue to crack down on unbelted drivers and passengers.

“There were more than 100,000 convictions in Wisconsin for failure to fasten safety belts last year. Among all traffic violations statewide, safety belt convictions were second only to speeding convictions,” says Superintendent Fitzgerald. “Click It or Ticket is more than just a slogan. When officers see an unbelted motorist, they will stop the vehicle and issue a citation.”

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February 2013

State law prohibits cell phone use while driving for many teens

A recently enacted state law prohibits drivers with an instruction permit or probationary license—which includes many teenagers—from “using a cellular or other wireless telephone except to report an emergency.” A driver violating this restriction on cell phone use is subject to a forfeiture of $20 to $40 plus court and other costs for a first offense and $50 to $100 plus court and other costs for a subsequent offense within a year.

“Cell phone use can distract a driver’s attention from traffic and road conditions. Distracted driving is a problem even for experienced drivers. But it often is even more hazardous for teen drivers and others who are not experienced,” says Wisconsin State Patrol Superintendent Stephen Fitzgerald. “Traffic crashes kill more teenagers in Wisconsin and the rest of the nation than any other cause of death. And distracted driving is a factor in many of these crashes.”

Although the law affects many teen drivers, the cell phone restrictions also apply to other drivers with a Wisconsin probationary license, such as:

• Drivers licensed in other countries.
• Persons with suspended or revoked instruction permits or probationary licenses.
• New state residents who have fewer than three years of driving experience.
• New state residents under the age of 21.
• New state residents who surrender a license that is expired for more than six months.

In addition, Wisconsin law prohibits texting while driving for all motorists of all ages.

To prevent distractions from cell phone use and texting, the State Patrol advises all drivers to:

• Turn off your phone or switch to a silent mode.
• Use voice mail to tell callers that you’re driving and will return the call as soon as possible.
• If you absolutely need to use your cell phone to call or text, pull over to a safe area.
• Ask a passenger to make a call or text for you.

Cell phone use and texting are just two of many types of distractions that increase a driver’s risk of causing a crash or failing to avoid one, according to Superintendent Fitzgerald.

“Every time you drive, you are legally and morally responsible for safely operating a potentially destructive, and even deadly, force,” Superintendent Fitzgerald says. “That’s why driving requires your undivided attention. Any lapse in attention to traffic or road conditions is a grave danger to you, your passengers and everyone else on the road. No attempt to multi-task in your vehicle, no phone call, and no text message is more important than a human life.”

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January 2013

Move Over Law: Drivers must provide a safety zone for stopped law enforcement and other emergency vehicles

Even when the wind is howling, the snow is blowing and the temperature is falling, law enforcement officers, tow truck operators and emergency responders are busy working day and night on the side of highways to rescue motorists and remove vehicles that have slid off icy roads or skidded into other vehicles. Although severe winter weather conditions test their resolve, the greatest danger these workers face is being hit by vehicles traveling at high speeds just a few feet away.

To protect law enforcement officers, tow truck operators, emergency responders, road maintenance workers, and others who work on the side of roadways, Wisconsin has a Move Over Law. This state law requires drivers to shift lanes if possible or slow down in order to create a safety zone for a law enforcement vehicle, ambulance, fire truck, tow truck or highway maintenance vehicle that is stopped or parked on the side of a road with its warning lights flashing.

“To create a safety zone on interstate highways and other divided roads with multiple directional lanes, you must move over to vacate the lane closest to the law enforcement or other emergency vehicle if you can safely switch lanes,” says Wisconsin State Patrol Superintendent Stephen Fitzgerald. “If the road has a single directional lane or you can’t safely move over because of traffic, you must reduce your speed until safely past the vehicle.”

Violating the Move Over Law can be expensive as well as dangerous. A citation costs $263.50 with three demerit points added to your license.

“Law enforcement officers are well trained and equipped to protect themselves. But their only defense against being hit by a vehicle is in the hands of the driver. Failure of motorists to create a safety zone by moving over or slowing down is one of the major reasons that motor vehicle crashes kill more law enforcement officers on duty than any other cause. Tow truck operators, highway maintenance workers and emergency responders also are killed and injured when drivers don’t move over or slow down,” says Superintendent Fitzgerald. “By obeying the Move Over Law, drivers can protect themselves, their passengers, our officers and others who work on highways from needless injuries and deaths.”

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December 2012

December is National Drunk & Drugged Driving Prevention Month
Drugged drivers in Wisconsin face severe punishments

December 2012 marks the ninth anniversary of a Wisconsin law that prohibits drivers from having any detectable amount of a controlled substance in their system, such as marijuana, cocaine or heroin, while operating a motor vehicle. The law also makes the legal penalties for drugged driving the same as drunken driving.

The Wisconsin State Patrol and other law enforcement agencies throughout the state are constantly and consistently trying to combat drugged driving. “Law enforcement officers have extensive training and experience in procedures that effectively identify drivers impaired by alcohol. Officers use many of those same procedures to identify drugged drivers,” says State Patrol Superintendent Stephen Fitzgerald. “Drivers who exhibit behavior or symptoms indicative of drug use must submit to a blood test that determines the presence of drugs. Refusing to submit to the blood test means an automatic revocation of the driver’s license.”

In addition to illegal drugs, the overuse or abuse of medications, especially when combined with alcohol, will often impair driving ability and judgment. State law prohibits drivers from being “under the influence of any drug to a degree which renders him or her incapable of safely driving or under the combined influence of an intoxicant and any other drug to a degree which renders him or her incapable of driving safely.”

Superintendent Fitzgerald says, “Drivers under the influence of drugs, alcohol, or a combination of the two are deadly threats to everyone on the road. That’s why officers never take a break—even over the holiday season—from arresting those who choose to get behind the wheel while impaired.”

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November 2012

How to meet the challenges of winter driving in Wisconsin

As temperatures cool and daylight dwindles, Wisconsin motorists will soon face the seasonal onslaught of ice, snow, and limited visibility that makes driving difficult—if not impossible—at times. To cope with treacherous winter driving conditions, motorists should follow common-sense precautions that will protect them and others on the road.

On ice and snow, far too many drivers skid off the road or crash because they were driving too fast for conditions. “The posted speed limits are for dry pavement, and those speeds may be hazardous when roads are slick from ice and snow. The slogan ‘Snow Means Slow’ also applies to four-wheel drive and other heavy duty vehicles, which need ample distance for stopping on slippery roads, just like other vehicles,” says State Patrol Superintendent Stephen Fitzgerald. “A citation for driving too fast for conditions costs $213.10 with four demerit points.”

Winter weather also can limit visibility, so drivers must remove all frost, ice and snow from their vehicle’s windows. “Clearing only a small patch on a windshield or rear window is not sufficient. You must be able to see in all directions at all times to avoid crashes. Clearing snow and ice from the lights, hood and roof also helps improve visibility and safety,” Superintendent Fitzgerald says.

According to state law, a vehicle’s windshield, side wings, and side and rear windows must be kept clear at all times. Violating this law costs $175.30 with two demerit points.

During severe winter storms, the wisest decision often is to stay put and not drive. “Our officers frequently respond to vehicles in the ditch and chain-reaction crashes when motorists really should not have attempted to travel.Slowed or stalled traffic on slippery roads also delays snowplows and tow trucks that are trying to get the roads cleared,” Superintendent Fitzgerald says.

To minimize the dangers of winter driving, the State Patrol offers the following safety tips:

• Always wear your seat belt. You and your passengers absolutely need this protection even in low speed “fender-bender” collisions.
• Don't use your cruise control in wintry conditions. Even on roads that appear clear, there may be slippery spots, which can cause a loss of traction and a spinout if the vehicle is in the cruise-control mode.
• Watch for slippery bridge decks. They ice up quicker than adjacent pavement.
• Look farther ahead than you normally do. If vehicles ahead of you are swerving or show other signs of loss of traction, you should slow down and take extra precautions.
• Brake early and correctly. It takes much longer to stop in adverse conditions.
• Don’t pump anti-lock brakes. With anti-lock brakes, the correct braking method is to “stomp and steer.”
• Don’t be overconfident about the traction of four-wheel drive vehicles, which generally won’t stop or grip the road in curves any better than two-wheel drive vehicles.
• Avoid cutting in front of trucks, which take longer than automobiles to slow down or stop.
• Leave plenty of room for snowplows. By law, you must stay back at least 200 feet from the rear of a snowplow.

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October 2012

Motorists will need to share the road with farm equipment and other slow-moving vehicles during harvest season

It’s been a tough growing season this year for many Wisconsin farmers. To help ease the burden of farmers, motorists can show some courtesy and respect during the fall harvest season by safely sharing the road with agricultural equipment.

To share the road safely, drivers need to slow down immediately whenever they see a florescent orange slow-moving vehicle emblem on the rear of a tractor or other piece of farm equipment. They also must be alert, focused and patient while trying to pass slow-moving vehicles.

“You should not pass a slow-moving vehicle if you cannot see clearly in front of the vehicle you intend to pass,” says State Patrol Superintendent Stephen Fitzgerald. “Farmers and others using animal-drawn vehicles on a roadway have the same rights and responsibilities as operators of motor vehicles. You should be careful not to frighten the animals. Do not sound your horn or flash your lights near them, and give the animals plenty of room when passing.”

With a recent law change, drivers may pass a slow-moving vehicle in a no passing zone if the slow moving vehicle is traveling at less than one-half of the posted speed limit and the passing can be completed safely.

For their part, farmers and other operators of slow-moving vehicles must follow safety regulations. According to state law, farm tractors, agricultural implements, animal-drawn vehicles or other vehicles that are normally operated at speeds below 25 miles-per-hour must display a “Slow Moving Vehicle” (SMV) sign on the left rear of the vehicle. In all cases—even when the vehicle is not a SMV—if it is operated during hours of darkness, the front and rear of the vehicle must have lights (white to the front, red to the rear) and the lights must be illuminated. A citation for failure to display a SMV sign or a violation of the lighting requirement each costs $162.70.

Vehicles traveling slower than normal traffic must stay as far to the right-side of the roadway as practical. This does not mean slow vehicles must drive on the shoulder of the road although this is allowed if there is room to do so safely.

Superintendent Fitzgerald says, “Common sense, caution, and courtesy will go a long way to keeping our rural roadways safe during the harvest season.”

More information about requirements for farm equipment on roadways is available on the following website; http://www.dot.wisconsin.gov/statepatrol/docs/farm-req.pdf.

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September 2012

Drivers must be even more vigilant when school starts

With the end of summer vacation, drivers will once again need to watch for children and teens walking, biking or riding buses to and from school and follow laws designed to protect them.

“Because students, especially young children, are not always paying attention to nearby traffic, drivers should expect the unexpected. Drivers will need to slow down and proceed cautiously when approaching students who are walking or riding bikes. They also will need to be particularly careful around school buses that are loading or unloading passengers,” says State Patrol Superintendent Stephen Fitzgerald.

Stop for school buses

According to Wisconsin law, drivers must stop a minimum of 20 feet from a stopped school bus with its red warning lights flashing. Drivers must stop whether the bus is on their side of road, on the opposite side of the road, or at an intersection they are approaching. However, drivers are not required to stop for a school bus if they are traveling in the opposite direction on the other side of a divided roadway separated by a median or other physical barrier.

When they are passed illegally, school bus drivers are authorized to report the violator to a law enforcement agency and a citation may be issued. The owner of the vehicle, who might not be the offending driver, will then be responsible for paying the citation.

A citation for failure of a vehicle to stop for a school bus costs $326.50 with four demerit points. If reported by a school bus driver, the vehicle owner’s liability for the illegal passing of a bus costs $326.50 with no demerit points.

Students walking to school

State law requires drivers to yield to pedestrians:

• Who have started crossing an intersection or crosswalk on a walk signal or on a green light if there's no walk signal.
• Who are crossing the road within a marked or unmarked crosswalk at an intersection where there are no traffic lights or control signals.
• When a vehicle is crossing a sidewalk or entering an alley or driveway.

In addition, drivers may not legally overtake and pass any vehicle that has stopped for pedestrians at an intersection or crosswalk.

Drivers who fail to yield the right of way to pedestrians who are legally crossing roadways may be issued citations that cost approximately $175 to $232 (depending on the type of violation) along with four demerit points assessed on their license. The cost of a fail to yield the right of way to pedestrians citation increases if it's the second violation within one year. A citation for passing a vehicle that is stopped for pedestrians costs $326 with three demerit points.

Students biking to school

When drivers are passing bicycles traveling in the same direction, they must leave a safe distance of no less than 3-feet of clearance and must maintain that clearance until they have safely passed the bicycle.

A violation of the state law that requires drivers to overtake and pass bicyclists safely costs a total of $200.50 with three demerit points. The cost for a second violation within four years increases to $263.50 with three points.

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August 2012

Intersection crashes can be prevented by obeying traffic signals

Crashes at intersections cause approximately 20 percent of all traffic deaths nationwide each year, according to the U.S. Department of Transportation. To remind drivers that obeying traffic signs and signals at intersections can be a matter of life or death, the Federal Highway Administration has designated Aug. 5-11 as “National Stop on Red Week” for 2012.

“Whether traveling on rural roads or city streets, drivers must be cautious and focused at intersections to prevent crashes” says Wisconsin State Patrol Superintendent Stephen Fitzgerald. “There are many complex movements at intersections with vehicles entering, crossing and exiting at different points. If drivers disregard the traffic controls by failing to stop completely at a red light or stop sign, they endanger themselves and others. Crashes at intersections cause many deaths and serious injuries because vehicles often are hit in the side where there is less protection for drivers and passengers.”

Failing to obey a red light, stop sign or other traffic control device at an intersection is not only dangerous--its expensive. A violation for failing to stop completely for a traffic signal, sign or marking costs $175.30 with three demerit points assessed on the driver's record, according to state law. Committing a second offense within a year costs $213.10 with another three points.

“The key to preventing intersection crashes is quite simple,” says Superintendent Fitzgerald. “Drivers must keep an alert eye on traffic moving into, through, and out of the intersection. They also must obey all traffic signals and signs. Drivers should make it a habit to stop completely on red and not race through a yellow light to beat a red light. At a yellow light, drivers must stop unless they’re so close to the intersection that they can’t stop safely. Traffic engineering has improved the safety of intersections, so now it’s up to drivers do their part.”

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July 2012

Tailgating increases your risks of a traffic ticket and a crash

Drivers who follow other vehicles too closely, commonly called tailgaters, are more than just a nuisance. They cause countless collisions—from fender benders to violent crashes—and may even trigger road rage incidents when they suddenly appear in rear-view mirrors.

"Most drivers who tailgate likely don’t realize how dangerous it can be,” says Wisconsin State Patrol Superintendent Stephen Fitzgerald. “For your own safety and the safety of others on the road, you don’t want to be the driver who causes a crash or fails to avoid one because you were following too closely and couldn’t stop when the unexpected happens. You also need to slow down and leave sufficient space when approaching stop lights, intersections, and when changing lanes. To avoid rear-end crashes, you should anticipate potentially hazardous situations, like traffic slowdowns in work zones, that could cause the driver in front of you to stop suddenly.”

According to state law, drivers “shall not follow another vehicle more closely than is reasonable and prudent” based on the speed of the vehicle, road conditions, and traffic. There were nearly 6,000 convictions for following another vehicle too closely in Wisconsin last year. A violation of the law costs $200.50 along with three demerit points. In addition, car insurance premiums often skyrocket for drivers who hit another vehicle while following too closely.

“During the heavily traveled summer driving season and throughout the year, it’s always smart to wear a safety belt just in case your vehicle is hit in the rear by a tailgater,” says Superintendent Fitzgerald. “Taking a few seconds to ensure that you and your passengers are buckled up can be a lifesaver.”

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June 2012

Drunken drivers face court-ordered installation of ignition interlock devices

With their elaborate sound systems, sophisticated GPS devices and other state-of-the-art gadgets, vehicles today are electronic marvels. But there’s another technologically advanced piece of equipment—called an ignition interlock device—that motorists definitely don’t want attached to their dashboard.

Under a state law enacted in 2010, first-time OWI offenders convicted with high alcohol levels and repeat drunken drivers must have an ignition interlock device (IID) installed for a minimum of one year on every vehicle they own, have registered in their names, and operate. IIDs require drivers to provide a breath sample that proves they’re alcohol-free before they can start their vehicle. Drivers also must blow into the device periodically while driving to ensure they remain alcohol-free.

Courts must order installation of an IID for drivers convicted of first-offense OWI if their blood/breath alcohol was .15 or higher and for drivers convicted of a second or subsequent OWI offense. In addition, drivers who refused a chemical test to measure their alcohol level at the time of arrest will have to install an IID.

Convicted OWI offenders who do not comply with a court-ordered installation of an IID or who disconnect or tamper with an IID to avoid detection are subject to fines of $150 to $600 and up to six-months in jail as well as a six-month extension of the required IID period. Proof of IID installation is required before an occupational driver’s license is issued. Offenders must pay the expense of installing and maintaining an IID as well as a $50 surcharge. OWI offenders with an IID restriction have a prohibited alcohol concentration of .02 instead of the normal.08.

"Court-mandated IID installations can be effective deterrents to impaired driving, which is persistent, prevalent and deadly,” says Wisconsin State Patrol Superintendent Stephen Fitzgerald. “Approximately 40 percent of traffic deaths in Wisconsin are the result of alcohol-related crashes. These deaths are both tragic and avoidable. To reach the goal of zero preventable deaths in Wisconsin will require all drivers to make the responsible decision to not get behind the wheel if they’re impaired.”

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Questions about the content of this page:
Steve L. Olson, steven.olson@dot.wi.gov
Last modified: April 30, 2013