A flatbed tow truck parked and ready to load a vehicle
Under 2025 Wisconsin Act 46, communities across Wisconsin can impound a vehicle the first time a driver is cited for reckless driving, with no prior record required. Photo by Straypuft, licensed under CC BY 2.0 (resized).

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.

In 2023, the Legislature created the impound power, but only if the cited driver owned the vehicle and already had a reckless-driving forfeiture that had not been paid. In practice, almost no one qualified. In 2025, Act 46 removed both limits. A city, village, or town 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 the citation or 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.

A Racine senator helped write it

This is not a far-off Madison idea. The change began as Assembly Bill 78, cosponsored in the Senate by Racine’s own state Senator Van Wanggaard, alongside Rep. Bob Donovan of Greenfield. The Legislature passed it on October 14, and Governor Tony Evers signed it as 2025 Wisconsin Act 46 on October 31, 2025. In other words, the senator who represents Racine helped put this tool in the hands of every police department in the state, including the ones in our own backyard.

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. Getting the car back means paying the tow and daily storage fees up front. There is no automatic refund if you later beat the ticket in court.
  • The car can be sold or scrapped. If an impounded vehicle goes unclaimed for more than 90 days, the municipality may dispose of it like an abandoned vehicle under Wis. Stat. § 342.40. Storage fees pile up, the car becomes worth less than the bill, and it is auctioned or destroyed.
  • One narrow exception. A vehicle reported stolen must be returned to its owner with no fee or charge.

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. To get a car back, an owner pays a $150 tow fee, $25 per day in storage, an extra $50 if the car is uninsured, plus any related citations, and the vehicle is held a minimum of 90 days.
  • Waukesha, a suburb, passed its version on March 20, 2026 by a 10 to 3 vote. The telling moment: an amendment to waive impound fees for drivers who are later acquitted failed.
  • Appleton adopted its own impound ordinance in March 2026.

As of June 2026, we have not confirmed a published ordinance in the City of Racine, Kenosha, or a Walworth County community. But the state law that lets them act is now 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. Reckless driving is a criminal matter in Wisconsin, 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.

What to do if your car gets towed

  1. Treat the ticket and the tow as two separate fights. Paying to release the car is not an admission that you drove recklessly. You can still contest the citation.
  2. Act fast on the car. Storage fees run daily, and the 90-day clock to disposal is real. The longer it sits, the more likely the bill exceeds the value of the car.
  3. If it is not your car, document that. Ownership and operation are separate issues, and the difference matters.
  4. Get the charge reviewed quickly. Reckless driving is one of the more negotiable traffic charges in Wisconsin, and how it is resolved affects your record, your insurance, and what you owe.

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