1. (1) Expiration with end of legal presence in the United States. Notwithstanding any other provisions of this chapter, a product issued to a person who is not a U.S. citizen or national or who is not an unconditional permanent resident of the United States shall expire on the earlier of the last date the person’s legal presence in the United States is authorized according to the documentation of legal presence provided by the person as part of their application, or the expiration date of the product determined under subs. (2) to (8).

   Note: See ss. 343.03 (3m), 343.20 (1m), and 343.50 (5) (c), Stats.

2. (2) Product expiration.

   1. (a) Default identification card and license expiration. Except as provided in subs. (1), (3), (4), and (6) and par. (b), a license or identification card shall expire 8 years from the person’s next birthday.
   2. (b) Elderly identification cards. Except as provided in sub. (1), an identification card issued to a person 65- years or older who requests a non-expiring identification card will not expire. An expiration date far into the future and beyond any currently living person’s life expectancy may be used to indicate that the document has no expiration date. Any identification card issued under this paragraph shall be considered REAL ID noncompliant and may not include markings that indicate REAL ID compliance.

   3. (c) Foreign license reciprocity. An operator’s license issued to a foreign national pursuant to a reciprocal agreement established under s. 343.16 (1) (d), Stats., shall expire 8 years from the applicant’s next birthday or the date the person’s legal presence in the United States expires as determined under sub. (1), whichever is earlier.

      Note: See ss. 343.085 (2) (c), 343.16 (1) (d), and 343.50 (5) (d), Stats.

3. (3) Original license 2-year expiration. Except as provided in sub. (1), the first operator’s license issued to a person by this state under ch. 343, Stats., that is not a commercial driver license shall be a probationary license that expires 2 years from the person’s next birthday, unless the person meets all of the following requirements:

   1. (a) Has been licensed in another jurisdiction for at least 3 years.
   2. (b) Presently holds an operator’s license, other than an instruction permit, from another jurisdiction that is not expired by more than 6 months.
   3. (c) Is at least 21 years of age.

4. (4) Renewal product expiration.

   1. (a) A renewal product may be issued up to 364 days prior to expiration of the product and shall expire 8 years from the person’s next birthday, except as provided in par. (b) and sub. (1).
   2. (b) A renewal product issued in the 364 days after expiration of an operator’s license shall expire 7 years from the person’s next birthday.
5. (5) Special restricted licenses. Except as provided in sub. (1), renewed special restricted licenses expire 2 years from the applicant’s next birthday.

6. (6) Endorsements expire with licenses. All endorsements, except “H” endorsements, on an operator’s license shall expire on the same date the operator’s license expires or is suspended, revoked or disqualified. An “H” endorsement shall expire as provided in s. 343.125 (3), Stats.

   Note: Federal CDL requirements demand a background check be performed on “H” endorsement holders at least once every 5 years. 49 CFR 383.141 (d).

7. (7) Expiration date does not change with changes in authority. Except as provided in sub. (8), the expiration date of an operator’s license shall remain the same when subsequent changes to classifications or endorsements are applied to the license.
8. (8) Extension of legal presence in the United States. A person whose operator’s license expired under sub. (1) earlier than it otherwise would have under subs. (2) to (5) may be issued an operator’s license with an expiration date determined under subs. (1) to (5) at any time after a change in the last date through which the person’s legal presence in the United States is authorized, regardless of whether a change in classification or endorsements is also made.

History

History: Cr. Register, January, 1984, No. 337, eff. 2-1-84; r. and recr. Register, December, 1990, No. 420, eff. 1-1-91; am. (3) (b), Register, September, 1992, No. 441, eff. 10-1-92; am. (2), (5), r. and recr. (3), cr. (3m), Register, December, 1999, No. 528, eff. 1-1-00; CR 06-082: am. (1) (3m), (5), (6) and (8) Register December 2006 No. 612, eff. 4-1-07; CR 23-042: r. and recr. Register April 2025 No. 832, eff. 5-1-25; correction in (4), (6) made under s. 35.17, Stats., Register April 2025 No. 832; correction in (2) (a) made under s. 35.17, Stats., Register June 2025 No. 834.