Wisconsin driving laws
The rules your permit test asks about, in plain English. Each one is quoted from Wisconsin’s statutes or an official DMV page. Handbooks are often years out of date, so where the law has changed we follow the law.
Checked October 2, 2026.
The short version
- Phones and texting
- All drivers are banned from texting or emailing while driving.
- Alcohol and drugs (DUI)
- The adult limit is 0.08 (0.02 for a driver with three or more prior OWI offenses or an ignition-interlock order).
- Seat belts and child seats
- The driver and every passenger aged 8 or older must wear a seat belt, in front and back seats.
- School buses
- Traffic approaching from the front or rear must stop at least 20 feet from a school bus with flashing red lights and stay stopped until the bus moves or the lights go off.
Phones and texting
All drivers are banned from texting or emailing while driving. In a work zone where workers are at risk from traffic, you may not hold or use a phone at all except to report an emergency, but voice-operated or hands-free use is allowed. Permit and probationary drivers may not use a phone at all, hands-free included, except to report an emergency.
Official wording (7 sources)
“No person may drive, as defined in s. 343.305 (1) (b) , any motor vehicle while composing or sending an electronic text message or an electronic mail message.”
docs.legis.wisconsin.gov“no person who holds a probationary license issued under s. 343.085 , or an instruction permit issued under s. 343.07 , may drive, as defined in s. 343.305 (1) (b) , any motor vehicle while using a cellular or other wireless telephone, except to report an emergency.”
docs.legis.wisconsin.gov“No person may drive, as defined in s. 343.305 (1) (b) , any motor vehicle while using a cellular or other wireless telephone, including using the telephone for a purpose other than communication, where persons engaged in work in a highway maintenance or construction area”
docs.legis.wisconsin.gov“This subsection does not apply to the use of a voice-operated or hands-free device if the driver of the motor vehicle does not use his or her hands to operate the device, except to activate or deactivate a feature or function of the device.”
docs.legis.wisconsin.gov““Drive” means the exercise of physical control over the speed and direction of a motor vehicle while it is in motion.”
docs.legis.wisconsin.gov“Any person violating s. 346.89 (1) or (3) (a) or 346.94 (2) , (4) , or (7) may be required to forfeit not less than $20 nor more than $400.”
docs.legis.wisconsin.gov“346.89 (4) , (4m) , or (5) , 346.90 to 346.92 , or 346.94 (1) , (9) , (10) , (11) , (12) , or (15) may be required to forfeit not less than $20 nor more than $40 for the first offense”
docs.legis.wisconsin.gov
Alcohol and drugs (DUI)
The adult limit is 0.08 (0.02 for a driver with three or more prior OWI offenses or an ignition-interlock order). Drivers under 21 must have no alcohol at all. Commercial drivers are limited to 0.04. A first refusal of a chemical test brings a one-year revocation.
Official wording (7 sources)
“If the person has 2 or fewer prior convictions, suspensions, or revocations, as counted under s. 343.307 (1) , an alcohol concentration of 0.08 or more.”
docs.legis.wisconsin.gov“If a person has not attained the legal drinking age, as defined in s. 125.02 (8m) , the person may not drive or operate a motor vehicle while he or she has an alcohol concentration of more than 0.0 but not more than 0.08.”
docs.legis.wisconsin.gov“No person may drive or operate a commercial motor vehicle while the person has an alcohol concentration of 0.04 or more but less than 0.08.”
docs.legis.wisconsin.gov“for the first improper refusal, the court shall revoke the person’s operating privilege for one year. After the first 30 days of the revocation period, the person is eligible for an occupational license under s. 343.10 .”
docs.legis.wisconsin.gov“Shall forfeit not less than $150 nor more than $300, except as provided in subds. 2. to 7. and par. (f) .”
docs.legis.wisconsin.gov“for the first conviction, the court shall revoke the person’s operating privilege for not less than 6 months nor more than 9 months. The person is eligible for an occupational license under s. 343.10 at any time.”
docs.legis.wisconsin.gov“Courts enter IID orders on any repeat offender, any first offender with a BAC of 0.15 or more and any person who refuses a chemical test.”
wisconsindot.gov
Seat belts and child seats
The driver and every passenger aged 8 or older must wear a seat belt, in front and back seats. Police can stop you for a belt violation alone (primary enforcement since June 30, 2009). Children under 8 must ride in a restraint suited to their age and size.
Official wording (5 sources)
“If a motor vehicle is required to be equipped with safety belts in this state, no person may operate that motor vehicle unless the person is properly restrained in a safety belt.”
docs.legis.wisconsin.gov“no person who is at least 8 years old and who is seated at a designated seating position in the front seat required under 49 CFR 571 to have a safety belt installed”
docs.legis.wisconsin.gov“Effective June 30, 2009, Wisconsin has what is known as a primary enforcement seat belt law.”
wisconsindot.gov“If the child is less than one year old or weighs less than 20 pounds, the child shall be properly restrained in a rear-facing child safety restraint system, positioned at a designated seating position in a back passenger seat”
docs.legis.wisconsin.gov“if the child is at least 4 years old but less than 8 years old, weighs at least 40 pounds but not more than 80 pounds, and is not more than 57 inches in height, the child shall be properly restrained as provided in subd. 2. or properly restrained in a child booster seat.”
docs.legis.wisconsin.gov
Move Over law
When an emergency or roadside service vehicle or a disabled vehicle is stopped on or within 12 feet of the road, move out of the lane next to it if there are two or more lanes your way and you can change lanes safely. Otherwise, slow down and keep a reduced speed until you are past it.
Official wording (2 sources)
“If an emergency or roadside service vehicle or a disabled vehicle is parked or standing on or within 12 feet of a roadway, the operator of a motor vehicle approaching the emergency or roadside service vehicle or disabled vehicle shall proceed with due regard for all other traffic”
docs.legis.wisconsin.gov“Slow the motor vehicle, maintaining a safe speed for traffic conditions, and operate the motor vehicle at a reduced speed until completely past the emergency or roadside service vehicle or disabled vehicle.”
docs.legis.wisconsin.gov
School buses
Traffic approaching from the front or rear must stop at least 20 feet from a school bus with flashing red lights and stay stopped until the bus moves or the lights go off. Traffic going the other way on a divided highway does not have to stop.
Official wording (2 sources)
“shall stop the vehicle not less than 20 feet from the bus and shall remain stopped until the bus resumes motion or the operator extinguishes the flashing red warning lights.”
docs.legis.wisconsin.gov“This subsection does not apply to operators of vehicles proceeding in the opposite direction on a divided highway.”
docs.legis.wisconsin.gov
Speed limits
Unless signs say otherwise: 15 mph near a school when children are present, 25 mph in cities and villages, 35 mph in outlying and semiurban districts, 55 mph elsewhere, 65 mph on expressways and 70 mph on freeways and interstates.
Official wording (4 sources)
“Fifteen miles per hour when passing a schoolhouse at those times when children are going to or from school or are playing within the sidewalk area at or about the school.”
docs.legis.wisconsin.gov“Twenty-five miles per hour on any highway within the corporate limits of a city or village, other than on highways in outlying districts in such city or village.”
docs.legis.wisconsin.gov“Seventy miles per hour on any freeway, including freeways that are a part of the national system of interstate and defense highways”
docs.legis.wisconsin.gov“In the absence of any other fixed limits or the posting of limits as required or authorized by law, 55 miles per hour.”
docs.legis.wisconsin.gov
After a crash
Report a crash to police immediately by the quickest means if anyone is hurt or killed, if total damage to one person's property (or to a government vehicle) is $1,000 or more, or if other government property is damaged $200 or more. Unless police file a report, the driver must send a written report to WisDOT within 10 days.
Official wording (2 sources)
“or total damage to property owned by any one person or to a state or other government-owned vehicle to an apparent extent of $1,000 or more shall immediately by the quickest means of communication give notice of such accident to the police department”
docs.legis.wisconsin.gov“Unless a report is made under sub. (4) by a law enforcement agency, within 10 days after an accident of the type described in sub. (1) , the operator of a vehicle involved in the accident shall forward a written report of the accident to the department.”
docs.legis.wisconsin.gov
Insurance
You may not drive without liability insurance meeting 25/50/10 minimums, and you must carry proof (paper or on your phone).
Official wording (5 sources)
“no person may operate a motor vehicle upon a highway in this state unless the owner or operator of the vehicle has in effect a motor vehicle liability policy with respect to the vehicle being operated.”
docs.legis.wisconsin.gov“The policy satisfies, as of the date of motor vehicle operation, all requirements specified in s. 344.33 (2) and (3) .”
docs.legis.wisconsin.gov“Twenty-five thousand dollars because of bodily injury to or death of one person in any one accident.”
docs.legis.wisconsin.gov“Subject to the limit under par. (a) for one person, $50,000 because of bodily injury to or death of 2 or more persons in any one accident.”
docs.legis.wisconsin.gov“Ten thousand dollars because of injury to or destruction of property of others in any one accident.”
docs.legis.wisconsin.gov
Motorcycle helmets
Riders under 18 and anyone riding on a motorcycle instruction permit must wear a DOT-compliant helmet with the chin strap fastened. Passengers under 18 must also wear one. All operators need a face shield, glasses or goggles unless the motorcycle has a windshield at least 15 inches above the handlebar.
Official wording (4 sources)
“No person who holds an instructional permit under s. 343.07 (4) or who is under 18 years of age may operate or ride upon a motorcycle on any highway unless the person is wearing protective headgear”
docs.legis.wisconsin.gov“No person may operate a motorcycle when carrying a passenger under 18 years of age unless the passenger is wearing protective headgear.”
docs.legis.wisconsin.gov“No person may operate a motorcycle on any highway without wearing any of the following eye protection:”
docs.legis.wisconsin.gov“if the vehicle is an autocycle equipped with a windshield or a motorcycle equipped with a windshield that rises a minimum of 15 inches above the handlebar, the use of other eye protective devices is not mandatory.”
docs.legis.wisconsin.gov
Motorcycle permit rules
You can get a cycle instruction permit (CYCI) at 16. It lasts 6 months; you may carry only a qualified passenger-instructor and may ride after dark only with a licensed rider 25 or older. Riders under 18 must complete a basic rider course before getting a Class M license, and anyone needing a fourth permit must complete a course.
Official wording (5 sources)
“The permit for motorcycle operation shall be valid for 6 months. The department shall issue no more than 3 permits for motorcycle operation to a person unless the person has successfully completed a rider course approved by the department.”
docs.legis.wisconsin.gov“No passenger may accompany the permittee except that a person with at least 2 years of licensed driving experience and whose license is endorsed for motorcycle operation may ride as a passenger-instructor.”
docs.legis.wisconsin.gov“The permittee may not operate a motorcycle during hours of darkness unless accompanied by a licensed person 25 years of age or more and meeting the requirements of subd. 1.”
docs.legis.wisconsin.gov“The department shall not issue a license to any person under the age of 18 authorizing the operation of “Class M” vehicles unless the person has successfully completed a basic rider course approved by the Wisconsin department of transportation motorcycle safety program.”
docs.legis.wisconsin.gov“However, you must be 16 and have proof that you have completed driver eduction before you can obtain a CYCI and/or Class M license.”
wisconsindot.gov
Lane splitting
Lane splitting is illegal: no vehicle may be driven so as to deprive another vehicle of the full use of its lane. Two motorcycles may ride side by side in one lane if both riders agree.
Official wording (2 sources)
“All motor vehicles including motorcycles and mopeds are entitled to the full use of a traffic lane and no vehicle may be driven or operated in such a manner so as to deprive any other vehicle of the full use of a traffic lane.”
docs.legis.wisconsin.gov“With the consent of both drivers, motorcycles may be operated not more than 2 abreast in a single lane”
docs.legis.wisconsin.gov
This page summarizes the law for study purposes and is not legal advice. Laws change; confirm with Wisconsin Department of Transportation, Division of Motor Vehicles.