Wisconsin
Wisconsin Dashcam Laws: Mounting Rules, Audio Recording, and Evidence (2026)
Dashcams are legal in Wisconsin and no state law prohibits their use. Video recorded on public roads is permitted, and under Wis. Stat. 968.31, Wisconsin's one-party consent statute, a driver may record in-vehicle audio of any conversation they are part of. Mount the camera to avoid obstructing the windshield.
Dashcams are legal and widely used in Wisconsin. The state has no specific dashcam statute, so their use is governed by traffic safety laws, the one-party consent wiretapping statute (Wis. Stat. 968.31), and federal regulations.
Are Dashcams Legal in Wisconsin?
Yes. Wisconsin does not prohibit dashcam use. No registration or notification is required.
Windshield Mounting
Wisconsin law (Wis. Stat. 346.88) restricts objects on windshields that obstruct the driver's view. Mount your dashcam behind the rearview mirror or in a corner.
Audio Recording and Consent
One-Party Consent
Wisconsin is a one-party consent state under Wis. Stat. 968.31. Your presence in the vehicle satisfies consent for audio recording. You can record passenger conversations and traffic stop audio without informing anyone.
The exception does not apply when recording is for criminal or tortious purposes.
Unattended Recording
If your dashcam runs while you are absent, you are no longer a party. Disable the microphone for parking mode.
Dashcam Footage as Evidence
Modified Comparative Fault
Wisconsin follows a modified comparative fault system under Wis. Stat. 895.045. A plaintiff cannot recover if 51% or more at fault. Dashcam footage is critical for establishing fault percentages.
Admissibility
Footage is admissible in Wisconsin courts when authenticated under the Wisconsin Rules of Evidence as genuine, unaltered, and relevant.
Commercial Use
Fleet operators use dashcams for safety and FMCSA compliance. Rideshare drivers can use dashcams with one-party consent.
Law Enforcement
You have a First Amendment right to record police during traffic stops. Wisconsin's courts have recognized this right.
Penalties
| Violation | Statute | Penalty |
|---|---|---|
| Windshield obstruction | Wis. Stat. 346.88 | Traffic citation |
| Audio recording without consent | Wis. Stat. 968.31 | Class H felony: up to 6 years, $10,000 fine |
Civil damages under Wis. Stat. 968.31(2m) include actual damages, punitive damages, and attorney fees.
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Frequently Asked Questions
Do I need to tell passengers my dashcam records audio in Wisconsin?
No. Wisconsin one-party consent (Wis. Stat. 968.31) allows recording when you are a party.
Can dashcam footage be used in Wisconsin courts?
Yes. Footage is admissible when authenticated as genuine and relevant.
Where should I mount my dashcam?
Behind the rearview mirror or in a corner. Wis. Stat. 346.88 restricts windshield obstructions.
Can my dashcam record while parked?
Video is fine. Audio when absent could violate wiretapping law. Disable the microphone.
Can police order me to turn off my dashcam?
No. The First Amendment protects recording police in public.
Sources and References
- Wis. Stat. 968.31 - Interception of Communications(docs.legis.wisconsin.gov).gov
- Wis. Stat. 346.88 - Windshield Requirements(docs.legis.wisconsin.gov).gov
- Wis. Stat. 895.045 - Comparative Fault(docs.legis.wisconsin.gov).gov
- FMCSA(fmcsa.dot.gov).gov
- NHTSA(nhtsa.gov).gov