Wisconsin Reckless Driving Laws: Forfeitures, Points and Penalties

Wisconsin's reckless driving law is built on negligence, and a first offense is not a crime. Wis. Stat. 346.62(2) provides that no person "may endanger the safety of any person or property by the negligent operation of a vehicle," and a first violation is a civil forfeiture of $50 to $400 under Section 346.65(1)(a); a second or later violation is a crime punishable by a fine of $100 to $1,000, up to one year in county jail, or both. Causing bodily harm raises the penalty to a fine of $600 to $4,000 and up to two years in county jail, and causing great bodily harm is a Class H felony.

Information last verified on 2026-10-25. This article has not been reviewed by a licensed lawyer.

Jurisdiction scope: This article covers Wisconsin state statutes on reckless driving (Wis. Stat. 346.61 to 346.655), speeding, inattentive driving and racing in Chapter 346, the demerit points and license consequences in Chapter 343, Chapter 351 and Wis. Admin. Code Trans 101, and driving without a valid license. It does not cover OWI penalties (see Wisconsin DUI and OWI laws), homicide offenses (see Wisconsin manslaughter laws), leaving the scene of a crash (see Wisconsin hit-and-run laws), city, village, town or county ordinances, or federal and commercial-driver rules beyond a short note. For other states, see reckless driving laws by state.

What is reckless driving in Wisconsin?

Section 346.62 is titled reckless driving, but its main offense is negligent driving that endangers someone. The section does not use a "willful or wanton disregard" standard; it sets out four offenses:

"(2) No person may endanger the safety of any person or property by the negligent operation of a vehicle. (2m) No person may recklessly endanger the safety of any person by driving a vehicle on or across a railroad crossing in violation of s. 346.44 (1) or through, around or under any crossing gate or barrier at a railroad crossing in violation of s. 346.44 (2). (3) No person may cause bodily harm to another by the negligent operation of a vehicle. (4) No person may cause great bodily harm to another by the negligent operation of a vehicle." Wis. Stat. 346.62(2) to (4)

What "negligent" means

Section 346.62(1)(c) provides that "Negligent" has the meaning designated in s. 939.25 (2). The Criminal Code's definition is criminal negligence, which is more than ordinary carelessness. Section 939.25(1) defines it as "ordinary negligence to a high degree, consisting of conduct that the actor should realize creates a substantial and unreasonable risk of death or great bodily harm to another," and Section 939.25(2) provides that when criminal negligence is an element of a crime in Chapters 939 to 951 or in Section 346.62, "the negligence is indicated by the term 'negligent' or 'negligently'."

The test is what the driver should realize, not what the driver actually intended. The railroad-crossing offense in subsection (2m) is the one form that uses the word "recklessly" instead.

Where the reckless driving law applies

Section 346.61 extends the reckless and drunken driving sections beyond public roads. It provides that, "In addition to being applicable upon highways," Sections 346.62 to 346.64 apply "upon all premises held out to the public for use of their motor vehicles, all premises provided by employers to employees for the use of their motor vehicles and all premises provided to tenants of rental housing in buildings of 4 or more units for the use of their motor vehicles, whether such premises are publicly or privately owned and whether or not a fee is charged for the use thereof." The same section provides that Sections 346.62 to 346.64 "do not apply to private parking areas at farms or single-family residences."

That reaches store and business parking lots, employee lots and apartment-building lots of 4 or more units, whether or not a fee is charged.

Is reckless driving a crime in Wisconsin? Penalties

Not on a first offense. Section 346.65(1) sets the penalty for a violation of Section 346.62(2), "Except as provided in sub. (5m)":

"(a) May be required to forfeit not less than $50 nor more than $400, except as provided in par. (b). (b) May be fined not less than $100 nor more than $1,000 or imprisoned for not more than one year in the county jail or both for a 2nd or subsequent violation." Wis. Stat. 346.65(1)

The difference in wording matters. A first violation carries a forfeiture, a civil money penalty with no jail. A second or later violation carries a fine and possible county jail, which makes it a criminal offense. Section 346.65(1)(b) gives it no class letter, but because the jail term is served in the county jail rather than the state prisons, it is a misdemeanor under Section 939.60, which provides that "A crime punishable by imprisonment in the Wisconsin state prisons is a felony. Every other crime is a misdemeanor."

Since 2023 Wis. Act 9, the repeat tier applies to any "2nd or subsequent violation." Before that act, the higher penalty applied only when convictions under Section 346.62(2) totaled 2 or more in a 4-year period. Act 9 first applies to violations committed on its effective date, May 12, 2023.

Bodily harm and great bodily harm

The penalties rise when negligent driving injures someone:

• Bodily harm (346.62(3)). Under Section 346.65(3), a person violating Section 346.62(3) "shall be fined not less than $600 nor more than $4,000 and may be imprisoned for not less than 60 days nor more than 2 years in the county jail." The fine is mandatory; jail is discretionary, with a 60-day minimum if imposed.
• Great bodily harm (346.62(4)). Under Section 346.65(5), a person violating Section 346.62(4) "is guilty of a Class H felony." Section 939.50(3)(h) sets the Class H range: "a fine not to exceed $10,000 or imprisonment not to exceed 6 years, or both."
• Railroad crossings (346.62(2m)). Under Section 346.65(4m), a person violating Section 346.62(2m) "shall forfeit not less than $600 nor more than $2,000."

Section 346.65(3) places the bodily-harm sentence in the county jail, which makes that offense a misdemeanor under Section 939.60.

Work zones and roadside response areas

Section 346.65(5m)(a) doubles "any applicable minimum and maximum forfeiture or fine" in subsections (1), (3), (4m) or (5) when a driver violates Sections 346.62(2) to (4) where people working in a highway maintenance or construction area, railroad maintenance or construction area, utility work area, or emergency or roadside response area "are at risk from traffic," or where sanitation workers are at risk from traffic and the driver knows or should know they are present.

Under Section 346.65(5m)(b), if a violation of Sections 346.62(2) to (3) in one of those work or response areas "results in bodily harm, as defined in s. 939.22 (4), to another," the operator "may be fined not more than $10,000 or imprisoned for not more than 9 months, or both."

Driver improvement surcharge

Section 346.655(1) provides that if a court imposes a fine or a forfeiture for a violation of Section 346.62, "it shall impose a driver improvement surcharge in an amount of $535 under ch. 814 in addition to the fine or forfeiture, plus costs, fees, and other surcharges imposed under ch. 814." Section 346.657(1) also requires a $75 safe ride program surcharge when a court imposes a fine or forfeiture for a violation of Section 346.62, and Section 346.65(4r)(a) adds a railroad crossing improvement surcharge "equal to 50 percent of the amount of the forfeiture" for a violation of Section 346.62(2m).

Vehicle impoundment

Section 349.115(1), as amended by 2025 Wis. Act 46, provides that a political subdivision "may, by ordinance, authorize a law enforcement officer, at the discretion of the officer, to impound any vehicle used in the commission of a violation of s. 346.62 or a local ordinance in strict conformity with s. 346.62 at the time of issuing a citation or making an arrest for the offense." Impoundment is available only where a city, village, town or county has adopted such an ordinance, and the officer decides case by case.

Recklessly endangering safety

Wisconsin also has a general Criminal Code offense that does not mention vehicles. Under Section 941.30, first-degree recklessly endangering safety ("under circumstances which show utter disregard for human life") is a Class F felony, and second-degree recklessly endangering safety is a Class G felony.

How fast is reckless driving in Wisconsin?

No Wisconsin statute makes a particular speed reckless driving. Section 346.62 says nothing about speed, and none of the speed sections in Chapter 346 (346.57 to 346.60) deems a speed reckless or criminal.

Speed is handled as a forfeiture offense:

• Reasonable and prudent limit. Section 346.57(2) provides: "No person shall drive a vehicle at a speed greater than is reasonable and prudent under the conditions and having regard for the actual and potential hazards then existing."
• Penalty. Under Section 346.60(3), a person violating Section 346.57(2), (3) or (4)(a) to (c) "may be required to forfeit not less than $40 nor more than $300 for the first offense and may be required to forfeit not less than $80 nor more than $600 for the 2nd or subsequent conviction within a year."
• Points. Section 343.32(2)(b) assigns 3 demerit points for exceeding the lawful limit by 10 mph or less, 4 for more than 10 but less than 20 mph, and 6 for 20 mph or more.

For automated speed enforcement, see Wisconsin traffic camera tickets.

Reckless driving points and license suspension in Wisconsin

Reckless driving is a 6-point violation. Wis. Admin. Code Trans 101.02(1) directs the Department of Transportation to "assess 6 demerit points" for violations including "(h) Racing on public highway or engaging in a contest of speed or endurance," "(i) Reckless driving," and "(j) Speeding 20 miles per hour or more in excess of lawful or posted speed." Inattentive driving is a 4-point violation under Trans 101.02(2)(h).

Under Section 343.32(2)(bc), the points are doubled for a holder of a probationary license or instruction permit, or an unlicensed person who would hold a probationary license, who "has been previously convicted of an offense for which demerit points are assessed." Section 343.32(2)(bd) assigns 6 points to the railroad-crossing offense in Section 346.62(2m).

How points lead to a suspension:

• 12 points in 12 months. Under Section 343.32(2)(c)1., "in order for the secretary to suspend an operating privilege under this subsection, the operator must have accumulated 12 demerit points in any 12-month period."
• Suspension lengths. Wis. Admin. Code Trans 101.04(1) provides that the department "shall suspend the operating privilege of any person whose driver record shows the accumulation of 12 points for violations committed within any 12-month period." Under Trans 101.04(3), the suspension is 2 months for 12 to 16 points, 4 months for 17 to 22, 6 months for 23 to 30 and 1 year for more than 30. Under Trans 101.04(3m), a driver who holds (or would be issued) an instruction permit or probationary license is suspended 6 months for 12 to 30 points and 1 year for more than 30.
• Probationary licenses. Under Section 343.32(2)(c)2., the secretary "shall suspend, for a period of 6 months," the operating privilege of a person who holds a probationary license issued on or after September 1, 2000, and who has accumulated 12 demerit points in any 12-month period.
• Habitually reckless or negligent operators. Under Section 343.32(2)(a), the secretary "may suspend a person's operating privilege if the person appears by the records of the department to be a habitually reckless or negligent operator of a motor vehicle." That suspension is discretionary.
• Court suspension. Under Section 343.30(1), a court "may suspend a person's operating privilege for any period not exceeding one year" on a conviction of violating the state traffic laws, and Section 346.62 is not among the sections that subsection excludes. That suspension is also discretionary.

Mandatory revocation for great bodily harm

Section 343.31(1) provides that the department "shall revoke a person's operating privilege upon receiving a record of conviction" for listed offenses, including "(a) Homicide or great bodily harm resulting from the operation of a motor vehicle and which is criminal under s. 346.62 (4), 940.06, 940.09, 940.10 or 940.25." Section 343.31(3)(a) sets one year for revocations under the section, subject to the exceptions it lists. A first or repeat violation of Section 346.62(2), and a bodily-harm violation of Section 346.62(3), are not on that list.

Habitual traffic offenders

Chapter 351 counts reckless driving toward habitual traffic offender status. Section 351.02(1)(a) covers four or more convictions of listed "separate and distinct offenses, including any combination thereof," and the list includes "Reckless driving under s. 346.62"; Section 351.02(1)(b) covers twelve or more convictions of Chapter 346 violations. Both counts are offenses committed within a 5-year period (351.02(1)). Section 351.025 provides that the secretary "shall revoke a person's operating privilege for a period of 5 years," and Section 351.08 provides that a habitual traffic offender who drives while revoked "shall, in addition to any penalty imposed under s. 343.44, be fined not to exceed $5,000 and imprisoned not to exceed 180 days."

Separately, under Section 343.31(2u)(a), the department "shall suspend the operating privilege of a person who has been issued an occupational license" on a conviction of an offense countable under Section 351.02(1)(a) (other than 351.02(1)(a)5.), and that list includes reckless driving under Section 346.62.

Commercial driver's licenses

Section 343.315(2)(f) disqualifies a person from operating a commercial motor vehicle "for a period of 60 days" if convicted of 2 serious traffic violations, "and 120 days if convicted of 3 serious traffic violations, arising from separate occurrences committed within a 3-year period," and violating Section 346.62 is one of the listed serious traffic violations. Federal rule 49 C.F.R. 383.51 (Table 2) sets the same 60-day and 120-day periods, and for a conviction in a personal vehicle it applies only if the conviction results in the revocation, cancellation or suspension of the license or non-commercial driving privileges; on national park roads, 36 C.F.R. 4.2 adopts state traffic law, and the reckless driving laws by state hub covers the federal layer.

Is there a careless driving law in Wisconsin?

Chapter 346 contains no offense named careless driving. The lower-tier offense is inattentive driving under Section 346.89(1):

"No person while driving a motor vehicle may be engaged or occupied with an activity, other than driving the vehicle, that interferes or reasonably appears to interfere with the person's ability to drive the vehicle safely." Wis. Stat. 346.89(1)

Under Section 346.95(2), a person violating Section 346.89(1) "may be required to forfeit not less than $20 nor more than $400." Inattentive driving is worth 4 demerit points (Trans 101.02(2)(h)).

Move-over violations

Section 346.072(1m) applies when "an emergency or roadside service vehicle or a disabled vehicle is parked or standing on or within 12 feet of a roadway," and requires an approaching driver to "proceed with due regard for all other traffic" and take one of the steps the section lists. It is a separate offense, not a form of reckless driving. Under Section 343.30(1o)(a), on a conviction under Section 346.072 the court "shall suspend" the operating privilege "for a period of not less than 90 days nor more than one year, if the offense resulted in damage to the property of another but did not result in bodily harm to another," with longer suspensions in the rest of that subsection. 2025 Wis. Act 54 added disabled vehicles to the section.

Street racing in Wisconsin

Wisconsin treats racing as a forfeiture offense. Section 346.94(2) provides: "No operator of a motor vehicle shall participate in any race or speed or endurance contest upon any highway." Under Section 346.95(2), a violation "may be required to forfeit not less than $20 nor more than $400," and Trans 101.02(1)(h) assigns 6 demerit points.

Chapter 346 contains no separate offense for street takeovers, exhibitions of speed, drifting or spectating. Section 346.94(2) is its only racing provision.

Fleeing or eluding an officer

Fleeing a traffic officer under Section 346.04(3) is a felony at every tier. Section 346.17(3) provides:

• Class H felony as the base offense (346.17(3)(a)).
• Class G felony if the violation results in bodily harm or causes damage to the property of another (346.17(3)(b)).
• Class E felony if the violation results in great bodily harm; the court "shall impose a bifurcated sentence under s. 973.01," and the confinement portion "shall be not less than one year and 6 months" (346.17(3)(c)).
• Class D felony if the violation results in the death of another, with confinement of "not less than 2 years and 6 months" (346.17(3)(d)).

2023 Wis. Act 226 (published March 28, 2024) raised each of those tiers by one class and added the minimum confinement terms. It applies to violations committed on or after its effective date.

Is there a wet reckless in Wisconsin?

Wisconsin law contains no wet reckless provision. No section in Chapter 343, in Sections 346.61 to 346.657, in Chapter 351, or in the criminal procedure and sentencing chapters 971 and 973 treats a reckless driving plea or conviction as an alcohol-related prior or regulates such a plea. The OWI prior-counting rules in Sections 343.307 and 346.65(2) count OWI and vehicle-homicide offenses only, and they do not list reckless driving.

For OWI penalties themselves, see Wisconsin DUI and OWI laws.

Driving without a license in Wisconsin

Wisconsin separates driving with no license, driving without the license in hand, and driving while suspended or revoked.

No valid license (343.05). Under Section 343.05(5)(b)1., a person who violates Section 343.05(3)(a) "may be required to forfeit not more than $200 for the first offense, may be fined not more than $300 and imprisoned for not more than 30 days for the 2nd offense occurring within 3 years, and may be fined not more than $500 and imprisoned for not more than 6 months for the 3rd or subsequent offense occurring within 3 years," except as subdivisions 2. to 5. and subsection (6) provide.

License not in your possession (343.18). Under Section 343.18(3)(a), a person who violates subsection (1) "shall forfeit not more than $200." Section 343.18(1m) provides that a person charged "may not be convicted if he or she produces in court or in the office of the arresting officer a license theretofore issued to the licensee and valid at the time of his or her arrest."

Driving while suspended or revoked (343.44). Under Section 343.44(2)(ag)1., a person who drives while suspended in violation of Section 343.44(1)(a) "shall be required to forfeit not less than $50 nor more than $200," except as subdivisions 2. and 3. provide. Under Section 343.44(2)(ar)1., driving while revoked is a forfeiture of "not more than $2,500," except as subdivisions 2. to 4. provide. Under Section 343.44(2)(ar)2., a person who drives while revoked "shall be fined not more than $2,500 or imprisoned for not more than one year in the county jail or both if the revocation identified under sub. (1) (b) resulted from an offense that may be counted under s. 343.307 (2)." Under Sections 343.44(2)(ag)2. and 3., driving while suspended that causes great bodily harm to another is a forfeiture of $5,000 to $7,500, and causing a death a forfeiture of $7,500 to $10,000; under Sections 343.44(2)(ar)3. and 4., driving while revoked that causes great bodily harm or death carries a fine in the same ranges, up to one year in county jail, or both. Each of those four forms is a Class I felony (great bodily harm) or a Class H felony (death) if the person knew at the time that the operating privilege was suspended or revoked. Section 343.44(4) lets the court order the vehicle impounded when the driver owns it. Habitual traffic offenders face the added Chapter 351 penalty described above.

Wisconsin reckless driving and related offenses: penalty table

The felony class ranges come from Wis. Stat. 939.50(3): Class D, a fine up to $100,000, up to 25 years, or both; Class E, up to $50,000, 15 years, or both; Class F, up to $25,000, 12 years and 6 months, or both; Class G, up to $25,000, 10 years, or both; Class H, up to $10,000, 6 years, or both. The reckless driving penalties in Section 346.65 are set by that section rather than by a misdemeanor class, and the county-jail tiers are misdemeanors under Section 939.60. For the full class table, see Wisconsin felony and misdemeanor classes.

Vehicular homicide in Wisconsin

When a driver causes a death, the governing offenses include Wis. Stat. 940.06 and 940.09, covered on the Wisconsin manslaughter laws page.

Recent changes to Wisconsin reckless driving law

• 2023 Wis. Act 9 (effective May 12, 2023). Act 9 raised the first-offense forfeiture under Section 346.65(1)(a) from $25 to $200 to $50 to $400 and the repeat fine under 346.65(1)(b) from $50 to $500 to $100 to $1,000, and replaced the "2 or more in a 4-year period" repeat rule with "a 2nd or subsequent violation." It raised the bodily-harm penalty under 346.65(3) from $300 to $2,000 and 30 days to 1 year to $600 to $4,000 and 60 days to 2 years, the railroad-crossing forfeiture under 346.65(4m) from $300 to $1,000 to $600 to $2,000, and the great-bodily-harm offense under 346.65(5) from a Class I to a Class H felony. It first applies to violations committed on its effective date.
• 2023 Wis. Act 19 (published July 6, 2023). Act 19 raised the driver improvement surcharge in Section 346.655(1) from $435 to $535.
• 2023 Wis. Act 159 (published March 22, 2024). Act 159 added railroad maintenance and construction areas to the work-zone doubling rule in Section 346.65(5m), which 2021 Wis. Act 115 had already extended to emergency and roadside response areas.
• 2023 Wis. Act 226 (published March 28, 2024). Act 226 raised each fleeing tier in Section 346.17(3) by one felony class and added minimum confinement terms.
• 2025 Wis. Act 46 (published November 1, 2025). Act 46 amended Section 349.115(1) so local ordinances may authorize discretionary impoundment of any vehicle used in a reckless driving violation at the time of the citation or arrest.
• 2025 Wis. Act 54 (published December 10, 2025). Act 54 added disabled vehicles to the move-over law in Section 346.072.

Related Wisconsin laws

• Reckless driving laws by state
• Wisconsin DUI and OWI laws
• Wisconsin manslaughter laws
• Wisconsin felony and misdemeanor classes
• Wisconsin traffic camera tickets
• Wisconsin expungement laws
• Minnesota reckless driving laws
• Illinois reckless driving laws

This article is general legal information about Wisconsin law, not legal advice. For a specific situation, contact a lawyer licensed in Wisconsin, or the Wisconsin Department of Transportation for driver's license questions.

Last updated: 2026-10-25.

Frequently Asked Questions

Is reckless driving a crime in Wisconsin?

Not on a first offense. A first violation of Wis. Stat. 346.62(2) is a civil forfeiture of $50 to $400 (346.65(1)(a)). A second or later violation is a misdemeanor (939.60) punishable by a fine of $100 to $1,000, up to one year in county jail, or both, and the bodily-harm and great-bodily-harm forms carry jail or felony penalties.

What counts as reckless driving in Wisconsin?

Endangering the safety of any person or property by the negligent operation of a vehicle (346.62(2)). Negligent means criminal negligence under 939.25: ordinary negligence to a high degree that the driver should realize creates a substantial and unreasonable risk of death or great bodily harm to another.

What is the fine for a first reckless driving ticket in Wisconsin?

A forfeiture of $50 to $400 under 346.65(1)(a), plus a mandatory $535 driver improvement surcharge under 346.655, a $75 safe ride program surcharge under 346.657, and other court costs and surcharges. The minimum and maximum are doubled where workers in a work or response area are at risk from traffic (346.65(5m)).

How fast is reckless driving in Wisconsin?

No Wisconsin statute sets a speed at which driving becomes reckless. Speeding is a forfeiture offense under 346.57 and 346.60, and driving 20 mph or more over the limit is worth 6 demerit points (343.32(2)(b)).

How many points is reckless driving in Wisconsin?

Six demerit points under Wis. Admin. Code Trans 101.02(1)(i). The department shall suspend a license at 12 points in a 12-month period (Trans 101.04), and must suspend a probationary license for 6 months at 12 points (343.32(2)(c)). Points are doubled for some probationary-license and instruction-permit holders with a prior point conviction (343.32(2)(bc)).

Does reckless driving suspend your license in Wisconsin?

It can. The court may suspend the operating privilege for up to one year on a reckless driving conviction (343.30(1)). Only the great-bodily-harm form, 346.62(4), is on the 343.31(1) list of convictions that require revocation, for one year under 343.31(3)(a) subject to its exceptions. Other convictions add 6 points, the department shall suspend at 12 points in 12 months (Trans 101.04), it may suspend a habitually reckless or negligent operator (343.32(2)(a)), and it shall suspend an occupational license holder convicted of reckless driving (343.31(2u)).

Can reckless driving be a felony in Wisconsin?

Yes, when negligent operation causes great bodily harm. A 346.62(4) violation is a Class H felony (346.65(5)), punishable by a fine up to $10,000, up to 6 years, or both (939.50(3)(h)).

Does Wisconsin have a wet reckless?

No provision in Chapters 343, 346 or 351, or in the criminal procedure and sentencing chapters 971 and 973, treats a reckless driving plea or conviction as an alcohol-related prior or regulates such a plea. The OWI prior-counting rules in 343.307 do not list reckless driving.

Is street racing illegal in Wisconsin?

Yes. Section 346.94(2) bars a motor vehicle operator from taking part in any race or speed or endurance contest on a highway. It is a forfeiture of $20 to $400 (346.95(2)) and 6 demerit points.

What is the penalty for driving without a license in Wisconsin?

Under 343.05(5)(b)1., a first offense is a forfeiture of up to $200. A second offense within 3 years carries a fine up to $300 and up to 30 days in jail, and a third or later offense within 3 years a fine up to $500 and up to 6 months.