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Previous laws of the month

• Wisconsin's "Absolute Sobriety Law" means not a drop of alcohol for drivers under 21 - April 2008
• Drivers must provide a safety zone for stopped law enforcement vehicles - March 2008
• Eliminate distractions: Please give driving your undivided attention - February 2008
• What is the real cause of wintertime crashes? - January 2008
• Drunken driving can ruin your holidays - December 2007
• Yellow lights at intersections don't mean it's time to speed up - November 2007
• State law stipulates when headlights must be turned on - October 2007
• Vehicles must stop for school buses displaying flashing lights - September 2007
• Slower traffic keep right: Drivers must allow faster traffic to pass in the left lane on divided highways - August 2007
• Drivers must yield to pedestrians - July 2007
• Drivers are responsible for all unbuckled passengers - June 2007
• Wisconsin's 'Absolute Sobriety Law' means not a drop of alcohol for drivers under 21 - May 2007

April 2008

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

After a brutal winter, spring fever will be contagious in April-especially among young people. And during this upcoming season of proms, graduation parties, and outdoor activities, young drivers may be tempted to get behind the wheel after drinking.

In their quest for springtime fun, however, everyone under the age of 21 should be aware that they are required by Wisconsin law to maintain absolute sobriety when driving. This means that their blood or breath alcohol concentration must be 0.0 while operating a motor vehicle, including motorcycles.

Drivers under age 21 who violate the Absolute Sobriety Law will have their license suspended for 90 days and will receive a citation costing $375 with four demerit points assessed on their driver's license. If a passenger under the age of 16 is in the vehicle, violators will have their license suspended for six months, and they must pay $627 with four demerit points assessed on their license.

"Springtime celebrations can quickly turn to tragedies when young people drink and drive," says State Patrol Superintendent David Collins. "Driving skills at any age are easily impaired with just a small amount of alcohol. But young and inexperienced drivers are much more prone to fatal and serious injury crashes after drinking. In Wisconsin, traffic crashes are the leading cause of death for youths, ages 16 to 20. As young people begin the countdown to the end of the school year, we don't want to lose them because of a disastrous decision, like drinking and driving."

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March 2008

Drivers must provide a safety zone for stopped law enforcement vehicles

State Patrol and other law enforcement officers continually train in ways to protect themselves and others from deadly force. But despite their best precautions, an all too prevalent type of deadly force leaves officers basically defenseless. While working on the side of a road during a traffic stop or to assist a motorist, officers continually face the lethal danger of being hit by fast-moving vehicles that come within a few feet-or even inches-of where they're standing or parked.

To help safeguard law enforcement officers, as well as emergency responders, road maintenance workers, and others who work on the side of highways, Wisconsin has a "Move Over Law." The law requires drivers to shift lanes or slow down in order to provide a "safety zone" for a squad car, ambulance, fire truck, tow truck or highway maintenance vehicle that is stopped on the side of a road with its warning lights flashing.

Drivers have two options for creating a safety zone. "If the road has more than one directional lane, like the Interstate, and you can switch lanes safely, you must move over to vacate the lane closest to the law enforcement or other vehicle with its lights flashing," says State Patrol Superintendent David Collins. "If the road has a single directional lane or you can't safely move over, you must reduce your speed."

The cost for violating the Move Over Law is expensive. If you get a ticket, it will cost $249 and you will be assessed three demerit points on your license.

Signs to remind motorists about the Move Over Law are posted on highways near main entry points to Wisconsin. They read: "STATE LAW. MOVE OVER OR SLOW DOWN FOR STOPPED EMERGENCY VEHICLES."

"Failure of motorists to move over is one of the reasons that motor vehicle crashes kill more law enforcement officers on duty than any other cause," says Superintendent Collins. "Obeying the Move Over Law will prevent needless crashes and help protect motorists as well our officers."

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February 2008

Eliminate distractions: Please give driving your undivided attention

You probably would question the judgment and common sense of anyone who talks on a cell phone, eats a meal or reads a map while handling a lethal weapon? Yet many drivers engage in these distracting activities while trying to control the potentially destructive-even deadly-power of a motor vehicle.

If you're not paying attention while behind the wheel to traffic conditions and road hazards, you drastically increase the chances of causing a crash or failing to avoid one. Eliminating distractions while driving is especially important during winter months when snow, fog and other types of inclement weather can severely reduce your visibility as well as your vehicle's traction and stopping ability.

"Distracted and inattentive driving is a serious safety problem," says State Patrol Superintendent David Collins. "Using a cell phone while driving is often mentioned as a dangerous distraction, but there are many others, too. Our officers often see drivers putting on cosmetics, looking in mirrors to comb their hair, and rummaging around for items on the floor, on the dashboard or in the glove compartment instead of paying attention to what's going on around them. Drivers also are distracted when they focus on a crash scene or other situations on the side of a road instead of what's in front of them."

Because distracted driving is so dangerous, state law prohibits drivers from being "so engaged or occupied as to interfere with the safe driving of that vehicle." Violating this law costs $173.40 with four demerit points assessed on a driver's license.

"Driving a motor vehicle is the single-most dangerous thing most people do, and it requires your undivided attention. If you absolutely need to use a cell phone for a non-emergency call, read a map, or find something in the glove compartment, you should exit the highway or pull off the road into a safe area," says Superintendent Collins. "By paying strict attention to your driving, you'll protect yourself, your passengers and other drivers."

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January 2008

What is the real cause of wintertime crashes?

Ice and snow on roadways are often blamed for wintertime traffic crashes. But all too often, blaming winter weather hides the real culprits for crashes.

"Most wintertime crashes are caused by irresponsible decisions by drivers, like driving too fast for conditions, not the ice or snow on roads," says State Patrol Superintendent David Collins. "If more drivers would slow down when highways are slippery, fewer vehicles would end up in the ditch. There also would be fewer rear-end collisions and other crashes. When road conditions are treacherous or visibility is reduced, driving at the speed limit may actually be too fast for conditions. Speed limits are set for when roads are clear and dry not when they're snow or ice-covered."

Slowing down when driving conditions are poor is not just sound advice-it's also the law.

It is illegal to drive at speeds that exceed what is "reasonable and prudent" under existing road conditions. Drivers are required to adjust their speeds to take into account both the actual and potential hazards due to weather, highway conditions or other traffic.

A violation of this state law costs $198.60 with four demerit points added to the driver's record. A second offense within a 12-month period costs $249 with an additional four points.

"The slogan 'Snow Means Slow' is always true even for four-wheel drive and other heavy-duty vehicles," says Superintendent Collins. "It's too late to change your driving behavior after your vehicle is in the ditch or involved in a crash. If you drive too fast for conditions, you may end up with an expensive ticket in addition to towing and vehicle repair bills."

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December 2007

Drunken driving can ruin your holidays

If anyone doubts that drunken driving is a prevalent and lethal problem, consider the following statistics.

• Last year, there were more than 44,000 drunken driving convictions in Wisconsin.
  
• Alcohol related traffic crashes last year in Wisconsin killed 305 people and injured nearly 6,000.

Because drunken drivers destroy lives, State Patrol and other law enforcement officers never take a break-even during the holidays-from arresting those who choose to get behind the wheel while impaired.

"It doesn't matter how good a driving record you have or how close you are to home when you leave a party or a bar. We don't give warnings or second chances when we stop drunken drivers," says State Patrol Superintendent David Collins.

Like all other states, Wisconsin law sets the prohibited blood/breath alcohol concentration (BAC) at 0.08 percent for first and second operating while intoxicated (OWI) offenses.

Drivers with three or more prior OWI convictions may not legally operate a motor vehicle if their BAC is greater than 0.02 percent. In addition, drivers under age 21 are required to maintain "absolute sobriety" and may not legally operate a motor vehicle with any amount of alcohol in their system.

Drivers who've been drinking but have a BAC that is below the legal limit are not immune from an OWI violation. Superintendent Collins emphasizes that law enforcement officers have authority to arrest drivers for OWI-regardless of their BAC-if they are impaired after drinking.

"The best way to avoid the tragic consequences of drunken driving during the holidays is to plan ahead and make responsible decisions," Superintendent Collins advises. "If you've been drinking, give up your car keys and use a designated driver or find another way home. And don't let friends drive if they're impaired. The risk of arrest, not to mention injury and death, is too great to ignore."

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November 2007

Yellow lights at intersections don't mean it's time to speed up

Although intersections are only a small segment of the approximately 112,000 miles of roadways in Wisconsin, they all too often are deadly for motorists.

Last year, there were 44,068 crashes at intersections in Wisconsin, 170 of which resulted in fatalities and 16,773 that resulted in injuries.

"As with most traffic crashes, collisions at intersections are caused primarily by dangerous and irresponsible decisions by drivers," says State Patrol Superintendent David Collins. "For instance, speeding through a yellow light to beat the red light at an intersection is a common driving behavior. But this practice, which is a habit for some drivers, is extremely dangerous as well as illegal."

According to Wisconsin law, when you encounter a yellow light (with or following the green light) you must stop before entering the intersection unless you're so close to the intersection that you cannot stop safely. A citation for violating this law costs $160.80 with three demerit points added to your driver's license. A second violation within a year costs $198.60 along with three demerit points.

"A yellow light does not mean it's time to speed up and race through the intersection. That's how people get killed or seriously hurt," says Superintendent Collins. "There are many complicated movements at intersections with vehicles entering, crossing and exiting at different points. Add the element of drivers who disregard the traffic controls, like yellow and red lights, and the dangers are compounded. In crashes at intersections, vehicles often are hit in the side where there is comparatively little protection for the drivers and passengers. There's no doubt that intersections are some of the most dangerous places drivers encounter."

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October 2007

State law stipulates when headlights must be turned on

As daylight begins to diminish this time of year, motorists must use their headlights more frequently to see-and just as importantly-to be seen.

According to state law, motorists must have their headlights on during the period beginning 30 minutes after sunset until 30 minutes before sunrise.

"To increase headlight effectiveness, you should use high beams whenever there are no oncoming vehicles because high beams let you see twice as far," said State Patrol Superintendent David Collins. "But you must dim your high beams whenever you approach an oncoming vehicle within 500 feet, which is a distance of about one city block. High beams also should be dimmed when you are 500 feet or less behind another vehicle or when traffic is heavy. Low beams should be used when driving in fog, snow or heavy rain because the light from high beams will reflect off the precipitation and cause glare. Don't drive with only your parking lights on. Parking lights are for parking only."

A citation for failing to use headlights when required or failing to dim high beams within 500 feet of another vehicle will cost drivers $148.20 plus three demerit points on their record.

"Besides helping you see the road and other vehicles, headlights also make your vehicle more visible," Superintendent Collins said. "Remember, if you have trouble seeing other vehicles then other drivers will have trouble seeing you, so it's wise to turn on your headlights. This is especially true on rainy, snowy or foggy days. A good rule to follow is that if you turn on your windshield wipers, also turn on your headlights."

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September 2007

Vehicles must stop for school buses displaying flashing lights

Their size and distinct color make school buses some of the most conspicuous vehicles on the road. But unfortunately, the passengers on school buses are not always as visible to drivers.

When they get on and off school buses, children sometimes dart into the path of vehicles. To prevent a tragedy, motorists need to be extremely cautious when driving near school buses and obey laws designed to protect bus riders.

According to Wisconsin law, when approaching a school bus from the front or rear, drivers must stop at least 20 feet from the bus when it is stopped and displaying flashing red lights. Drivers cannot proceed until after the bus resumes its route or turns off the flashing red warning lights. Drivers also may not pass a stopped school bus in order to make a right turn. Drivers on the other side of a divided highway from a bus with flashing red lights are not required to stop.

"Officers from the State Patrol and other agencies stringently enforce laws requiring motorists to stop for school buses with flashing red lights," says State Patrol Superintendent David Collins. "Besides law enforcement officers, school bus drivers legally may report any violations involving passing or turning in front of their buses. 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 $312 and four demerit points. A citation for an illegal right turn in front of a stopped school bus costs $312 and three demerit points. If reported by a school bus driver, the vehicle owner's liability for the illegal passing of a bus will cost $312 with no demerit points.

"Violations of school bus safety laws are serious and expensive for a very good reason. Drivers must always be aware that children might not be paying attention and don't see oncoming vehicles when they get on or off a bus." says Superintendent Collins. "As we start another school year, drivers need to remember to stop when they approach a bus with flashing red lights."

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August 2007

Slower traffic keep right: Drivers must allow faster traffic to pass in the left lane on divided highways

Life in the fast lane is not for everyone, and often it's better to let those moving more rapidly just pass you by. This is especially true while driving on Interstate highways and other multiple-lane roadways. If you're traveling slower than other vehicles, you can help traffic move more safely and efficiently by staying in the right lane as much as possible.

According to Wisconsin law, any vehicle traveling "at less than the normal speed of traffic" is required to be driven in the right lane (or as close as practicable) except when overtaking or passing another vehicle. A citation for violating this law costs $198.60 with four demerit points assessed on the driver's license.

"Even when you're driving at the posted speed limit, you should allow faster moving vehicles to pass. Trying to force other drivers to slow down by blocking the left lane does not make our highways safer. Instead, it leads to more tailgating, road rage and other problems," says State Patrol Superintendent David Collins. "We hope that drivers will leave enforcement of speed limits to our troopers and other law enforcement officers."

The State Patrol advises motorists to follow these guidelines to help maintain a safe flow of traffic on Interstates and other divided highways:

• If you're not passing another vehicle, use the right lane as much as possible.

• If you're in the right lane, allow other drivers to merge from the left lane into the right lane so that faster traffic can pass in the left lane. In addition, provide space for vehicles to merge into the right lane when they are entering a roadway from an on-ramp.

• If you're in the left lane, don't tailgate or try to make a slower vehicle ahead of you move to the right lane. Be patient and courteous.

Superintendent Collins says, "When slower moving vehicles use the right lane, traffic flows more smoothly with less congestion and road rage, which certainly helps make our highways safer and more efficient."

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July 2007

Drivers must yield to pedestrians

It may be a shock to some drivers, but motor vehicles don't own the road. And they may be surprised to learn that Wisconsin law requires drivers to yield to pedestrians in many situations. According to state law, drivers must:

• 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.

• Yield to pedestrians who are crossing the road within a marked or unmarked crosswalk at an intersection where there are no traffic lights or control signals.

• Yield to pedestrians 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 $160 to $217 (depending on the type of violation) along with four demerit points assessed on their license. A citation for passing a vehicle that is stopped for a pedestrian costs $312 with three demerit points.

"To prevent crashes, drivers must obey the law and yield to pedestrians," said State Patrol Superintendent David Collins. "Drivers also must slow down and pay attention, so they can see and safely react to pedestrians crossing the road. Drivers should be especially alert in areas where children typically cross roads, such as near schools, parks and playgrounds and in residential neighborhoods. Pedestrians also must be cautious, and they should not suddenly move into the path of a vehicle that does not have sufficient time to yield."

Last year in Wisconsin, 56 pedestrians were killed and 1,372 were injured in traffic crashes.

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June 2007

Drivers are responsible for all unbuckled passengers

Like an airline pilot, drivers must ensure that all their passengers are buckled up before departing for their destination. And with a recent change in state law, drivers may receive tickets for safety belt violations for every unbuckled passenger.

Before enactment of a new state law in 2006, drivers were responsible for unbuckled passengers only if the passengers were 15-years-old or younger. State law now stipulates that drivers may be ticketed for all unbuckled passengers, including those older than 15.

In the case of multiple violations, the driver will have to pay $10 for each unbuckled passenger. (A violation of passenger safety requirements for children under age 8 costs between $135. 60 and $160.80).

About three out of four Wisconsin motorists currently buckle up, according to the State Patrol. But Wisconsin is still behind the national average for safety belt use of 82 percent as well as the average for neighboring states.

"To prevent needless deaths and injuries, there is no solution as immediate or as effective as getting more people to wear their safety belts every time they drive or ride in a vehicle-day or night. About 75 percent of passenger vehicle occupants in serious crashes survive when buckled up," says State Patrol Superintendent David Collins. "Our goal is not to write more safety belt tickets. It is to reduce the number of grieving families and friends who lost a loved one because a safety belt was not used."

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May 2007

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

Some drivers continually wonder how much alcohol they can drink and still drive legally. For drivers under the age of 21, however, there's no guesswork involved. The answer is "not a drop" of alcohol.

According to Wisconsin law, drivers under the age of 21 are required to maintain absolute sobriety behind the wheel, which means that their blood or breath alcohol concentration must be 0.0 while operating a motor vehicle, including motorcycles.

Penalties for violating the Absolute Sobriety Law include a mandatory 90-day driver's license suspension and a fine of $375.60. If there's a passenger under 16-years-old in the vehicle, the driver's license suspension lasts six months and the fine increases to $627.

"Graduation parties and other springtime celebrations can quickly turn to tragedies when young people drink and drive, " says State Patrol Superintendent David Collins. "Driving skills at any age are easily impaired with just a small amount of alcohol. But young and inexperienced drivers are much more prone to fatal and serious injury crashes after drinking."

In Wisconsin, a person is injured or killed in an alcohol-related traffic crash every 83 minutes, according to the State Patrol Bureau of Transportation Safety.

"Statistics prove that drinking and driving are a deadly combination. But statistics don't tell the whole story when the lives of young people are cut short because of drinking and driving. They leave behind family and friends to cope with the heartbreak. Some young people also will have tremendous lifelong guilt when they face the fact that their decision to drink and drive injured or killed someone else, perhaps even their best friend," said Superintendent Collins. "As young people begin the countdown to the end of the school year, we don't want to lose them because of a disastrous decision, like drinking and driving."

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Questions about the content of this page:
Steve L. Olson, steven.olson@dot.state.wi.us
Last modified:  April 30, 2008