Wisconsin can now tow your car for a first reckless-driving offense

What actually changed

The towing power lives in one statute, Wis. Stat. § 349.115. It has been rewritten twice in three years, and the direction is one way: broader.

2023 Wisconsin Act 1 created the impound power, but only where the cited driver owned the vehicle and already had a prior reckless-driving conviction “for which a forfeiture was imposed that has not been fully paid.” Both conditions had to be satisfied at once. 2025 Wisconsin Act 46 struck that entire qualifying clause. A political subdivision, which Wis. Stat. § 349.01(2)(m) defines as a city, village, town, or county, may now pass an ordinance letting an officer, at the officer’s discretion, impound any vehicle used in a violation of Wis. Stat. § 346.62 at the time of issuing the citation or making an arrest.

Two words in that statute do the heavy lifting: any vehicle. There is no longer a requirement that you own the car or that you have a record. A first offense is enough.

It punishes the car, not just the driver

This is the detail that catches people off guard. The impound attaches to the vehicle, not the person behind the wheel. If you lend your car to your son, your partner, or a coworker and they are cited for reckless driving, your car can be towed, even though you did nothing wrong and were not there.

• You generally pay first and fight later. Wis. Stat. § 349.115(2) requires the political subdivision to return the vehicle “upon payment of the amount required under the ordinance,” so getting the car back means paying the tow and daily storage fees up front. The statute provides no refund if you later beat the ticket in court.
• The car can be sold or scrapped. Under Wis. Stat. § 349.115(3), if an impounded vehicle goes unclaimed for more than 90 days after the disposition of the charge it was impounded for, the political subdivision may dispose of it like an abandoned vehicle under Wis. Stat. § 342.40. Storage fees pile up in the meantime, and the car can end up worth less than the bill.
• One narrow exception. Under Wis. Stat. § 349.115(1m), added by Act 46, an officer must make a reasonable effort to check whether the vehicle has been reported stolen, and a vehicle reported stolen must be returned to its owner “without the payment of a fee or charge.” A stolen vehicle that stays unclaimed more than 60 days after impoundment may still be disposed of.

This is already happening in Wisconsin

Act 46 does not tow anyone by itself. It gives each community the option to pass an ordinance, and several already have.

• Milwaukee unanimously passed its expanded tow ordinance on November 4, 2025, by a vote of 15 to 0. To get a car back, an owner pays a $150 reclamation charge, $25 per day in storage, an extra $50 relocation charge if the car is uninsured, and any outstanding fine or forfeiture the owner owes. The $150 is a floor: if the actual towing cost runs higher, the owner pays the difference.
• Waukesha passed its version on March 17, 2026 by a 10 to 3 vote, with one member absent. The telling moment: an amendment to waive impound fees for anyone found innocent of reckless driving failed, 6 to 7.
• Appleton adopted Ordinance 24-26 on March 18, 2026, creating Sec. 19-12 of its municipal code.

The City of Racine already has an impound ordinance, and it predates Act 46. Code of Ordinances § 94-23, adopted December 3, 2024, lets an officer impound a vehicle used in a reckless-driving violation, but only where the cited driver owns the car and already has an unpaid reckless-driving forfeiture. That is the narrow older standard, not the first-offense rule Act 46 now permits. A rewrite matching Act 46 was sent to drafting in January 2026 and has not been adopted as of August 2026.

As of August 2026 we have not found an Act 46 style ordinance in the City of Kenosha, Kenosha County, Walworth County, or the Walworth County municipalities. The published Racine County code predates Act 46, so treat that one as unchecked rather than clear. The state law that lets any of them act is in effect everywhere in Wisconsin, neighboring communities are moving quickly, and the senator who carried it represents Racine. If your community adopts one, it applies on your very first stop.

What counts as reckless driving

The towing power is triggered by a violation of Wis. Stat. § 346.62, and reckless driving is broader than most people assume. It does not require a crash or even excessive speed. The core definition is endangering the safety of any person or property by the negligent operation of a vehicle, and the charge climbs sharply when anyone is hurt. A first reckless driving offense is a civil forfeiture in Wisconsin, and a repeat or an injury makes it criminal, so the tow is only one of several consequences. For the full penalty breakdown and how these charges are defended, see our reckless driving defense page.