No, it’s not against the law to drive without footwear in Wisconsin. Drivers are not prohibited from driving without shoes by any state laws or regulations. Driving without shoes is legal and there is no penalty or citation for not wearing shoes while driving, according to the Wisconsin Department of Transportation. What makes Wisconsin different is that a Wisconsin State Patrol trooper has come out and said that sometimes it’s safer to drive with no shoes on than with too many.What makes Wisconsin different is that a Wisconsin State Patrol trooper has come out and said that sometimes it’s safer to drive with no shoes on than with too many. The law is permissive. The State’s official guidance is well-balanced and practical. Knowing where the law is is important for all Wisconsin drivers.
Key Takeaways
- In Wisconsin, it’s not illegal to drive without shoes on. There is no footwear regulation for drivers of passenger vehicles in the Wisconsin Statutes.
- The Wisconsin Department of Transportation says it’s perfectly legal to drive without shoes on in Wisconsin.
- Wisconsin has a unique distinction in that State Trooper Jim Larson has publicly said he would encourage drivers who wear hard-to-wear shoes to wear no shoes at all in some instances.
- State Trooper Jim Larson said: “If you can drive safely, you can wear any shoes you want.”
- Driving without shoes on will not be a citation. The only reason a Wisconsin officer can pull over and ticket you for driving without shoes is if they see you driving without shoes.A Wisconsin officer does not have the authority to pull you over and ticket you for driving without shoes.
- In Wisconsin, a first offense of reckless driving is considered a misdemeanor, with a $200 fine and 6 points added to your driving record. This is when barefoot driving is a contributing factor to unsafe driving of the vehicle.
- Wisconsin uses a “modified” comparative negligence standard. If barefoot driving is directly responsible for an accident, and you are more than 51 percent at fault, you could be responsible for no damages whatsoever.
The laws of the State of Wisconsin regarding barefoot driving.The barefoot driving laws of the State of Wisconsin
Wisconsin Statutes Chapter 346 contain Wisconsin’s traffic laws, which govern all vehicles that operate on Wisconsin’s public highways. That chapter doesn’t mention shoes at all when it comes to footwear.
The Wisconsin Department of Transportation has stated that it is legal to drive without shoes or with just socks on.
Driving without shoes is not mentioned or limited in Wisconsin law. Driving without shoes will not be ticketed or fined.
Wisconsin DOT has a FAQ page on its website to help answer questions people may have regarding rules of the road, what to do if they are stopped by law enforcement, and how to get information on a previous citation. The question of barefoot driving comes up a lot with Wisconsin drivers and the answer from the DOT is clear. The legality of barefoot driving is not in question.Barefoot driving is legal, period.
Can I Drive Barefoot in Wisconsin?
This is the most frequently asked question on this subject and Wisconsin’s answer is one of the most clear and unequivocally confirmed of any state in the country.
State Trooper Jim Larson said: “There is no state law against driving without shoes on, so it’s OK. In 18 years, I can’t tell you how many people I’ve stopped without shoes on.”
Larson even stated that he would tell drivers who wear heels or other shoes that make driving difficult to get rid of them and drive barefoot.
In Wisconsin, it’s not against the law to drive without shoes on. If you were to be pulled over, you won’t get into trouble for not wearing shoes, and there are even cases where a cop would prefer you to not have shoes on.
This is one of the more explicit official endorsements of barefoot driving of any state in this series. The State Patrol of Wisconsin has not only validated the legal right to drive barefoot, but it has also posted a video of a driver doing just that. One trooper who has served 18 years has publicly said that sometimes it is the better option. This is in line with the confirmation on the Wisconsin DOT FAQ page, and the fact on the road in Wisconsin.
Can I Drive Without Shoes in Wisconsin?
The legal issue has been resolved. The safety issue must be addressed separately and honestly, especially when Wisconsin’s own trooper has admitted that in some cases, driving without shoes on is safer than it is with shoes on.
The use of barefoot driving may be safer in certain instances
Most barefoot drivers will not have any problems with their personal injury claim in Wisconsin. This concept is particularly the case and the reason why you may be better off from a legal perspective going barefoot if the only shoes you have access to are flip-flops in Wisconsin.
In high heels or flip-flops, perhaps it would be better to drive without shoes. Such shoes can make driving harder, and can make you more susceptible to being involved in an accident with another vehicle.
Flip flops are footwear with straps that are not tight fitting. Those straps may catch on the pedal and not allow you to pedal up or down as needed. High heels are not easy to walk in and can be hard on fine motor skills as the wearer must concentrate more on balance. It may be difficult to operate pedals of a vehicle with them on, and in some situations, it may be safer to operate without them than with them.
The real dangers of going without shoes to drive.The true hazards of no shoes on
Although there are some instances where barefoot driving in certain footwear is practical, there are also real dangers:
- Wet or sweaty feet cause a loss in grip and can lead to slip outs and falls.
- When you brake and accelerate without shoes, you can’t apply the same amount of force.
- If you leave the shoes near your feet as the driver, the shoes could get stuck under the brake pedal, which could be very dangerous, if not deadly.
- If you get into an accident, you could severely hurt your feet from broken glass.
- Shoeless driving causes foot fatigue, which worsens with time
The footwear risk comparison below is based on the general consensus of safety:
| Footwear Type | Pedal Control | Risk Level |
| Barefoot | Moderate | Medium |
| Flat sneakers | High | Low |
| Flip-flops | Low | High |
| High heels | Very low | Very high |
| Heavy boots | Low-Moderate | Medium-High |
| Sandals | Low | High |
Is It Legal to Drive Barefoot? The National Picture
Wisconsin’s legal stance is in line with the rest of the nation.
There is no state law banning the barefoot driving of a vehicle. This is a popular myth from New York to California. A survey of all 50 states and U.S. territories revealed no examples of laws that banned driving without shoes.
In certain states, the one exception is for motorcycle riders. Alabama Code Section 32-5A-245(b) bans barefoot motorcycle riding in the state of Alabama. O.C.G.A. Section 40-6-311(e) bans it in Georgia. In Wisconsin, barefoot driving is legal for all passenger vehicle drivers.
Driving without shoes is legal and normal in Wisconsin; many Wisconsinites choose to drive without shoes. It is not uncommon enough to be a rare sighting by a Wisconsin State Patrol officer who has been on the job for 18 years.
Is Barefoot Driving Legal to Drive in Wisconsin without Shoes?
No. The Wisconsin statute does not authorize police to stop and cite someone for failing to wear shoes.
No tickets or fines will be issued for driving without shoes.
The legal risk involves only when barefoot driving is linked to unsafe driving of the vehicle. Wisconsin Statutes §346.62 covers reckless driving in Wisconsin.
In Wisconsin, no person may do the following, otherwise they will be guilty of reckless driving: endanger the safety of any person or property by the negligent operation of a vehicle, recklessly endanger the safety of any person by driving a vehicle negligently, cause bodily harm to another by the negligent operation of a vehicle, or cause great bodily harm to another by the negligent operation of a vehicle.
In Wisconsin, the first time you get caught for reckless driving is a misdemeanor, which carries a $200 fine and 6 points on your driving record.
Unsafe driving in Wisconsin that involves being barefoot can lead to the following charges:
- Wisconsin Statutes Section 346.62 (Misdemeanor – $200 fine – 6 points)
- Negligent driving
- Failure to maintain control of vehicles.
- Civil liability for damage to third parties
In each instance, the charge is for the unsafe behaviour and not for not wearing shoes.
Is Barefoot Driving Against the Law? The Wisconsin Myth is debunked in this article
One of the more common driving myths in Wisconsin and nationwide is that it’s illegal to drive without shoes on.
Contrary to popular opinion, there are no laws against driving without shoes in the U.S.Don’t believe it, but no state in the U.S. has a law against driving without shoes. State officials have certainly decided to take a stand against driving without shoes, but they haven’t passed laws against it.
It is not illegal to go without shoes or wear unusual shoes. You may contest the ticket in court if you are ticketed for being without shoes. Highway Patrol and police officers are not always law abiding citizens. They might say that it’s illegal to drive without shoes or it’s unsafe. It’s not a good way to fight a traffic ticket to fight with the police officer at the side of the road.
This is a significant practical issue for Wisconsin’s drivers. When an officer stops a car and says that driving without shoes is illegal, he or she is wrong. There are no statutes that support it in Wisconsin. If a driver is cited for driving while ‘barefoot’ and there is no other citation, then it can be challenged in court.
How Barefoot Driving Affects Liability in Wisconsin
In Wisconsin, there is a modified comparative negligence standard for civil cases. In this system, everyone is responsible for the fault in proportion. The percentage of fault is a factor that will diminish a claimant’s recovery, and if a claimant’s fault exceeds 51 percent, he or she will not be entitled to recover any damages.
When you drive without wearing any shoes, it can cause you to lose control of the vehicle or be a contributing factor in a crash, you may be charged with reckless or negligent driving. If you slip off the pedal and crash because you were driving without your foot on the pedal, the law enforcement may determine that it was a contributing factor to your accident.
Even if it is not a traffic violation, improper footwear could be blamed for causing a car accident. Car accidents are generally based on negligence claims. If the driver was driving in an unreasonable way, he or she may be held responsible for the accident. A car accident lawyer could cite your improper type of footwear for causing an accident in a personal injury claim. Your insurance provider might even have regulations against driving without shoes.
Wisconsin’s 51 percent fault threshold is a bit more generous than those in other states such as Iowa, Indiana and Maine, which use 50 percent bars. But, the effect in practice is the same. If one driver is determined to be the majority at fault for an accident that is related to barefoot driving, they have no chance of receiving compensation.
Wisconsin’s performance in relation to the rest of the country
In Wisconsin, DOT confirmation, state trooper endorsement under some circumstances and the modified comparative negligence statute put the state in a unique and more liberal posture than other U.S. states.
| State | Barefoot Driving Legal | Official Position | Negligence Standard |
| Wisconsin | Yes | DOT confirms legal; trooper may encourage it | Modified comparative (51% bar) |
| Maryland | Yes | No formal position | Contributory (1% fault = full bar) |
| Oregon | Yes | No formal position | Modified comparative (50% bar) |
| Maine | Yes | Distracted driver law applies if barefoot causes accident | Modified comparative (50% bar) |
| Utah | Yes | Highway Patrol explicitly recommends shoes | Modified comparative (50% bar) |
| Missouri | Yes | State formally condemns as unsafe | Pure comparative |
| Iowa | Yes | State formally condemns as unsafe | Modified comparative (50% bar) |
| Indiana | Yes | State formally condemns as unsafe | Modified comparative (50% bar) |
| Arizona | Yes | Reckless driving risk if accident | Pure comparative |
| Georgia | Yes (cars) | Motorcycle barefoot riding prohibited | Modified comparative (50% bar) |
| Alabama | Yes (cars) | Explicitly bans motorcycle barefoot riding | Contributory (full bar) |
| North Carolina | Yes | No formal position | Contributory (full bar) |
| Ohio | Yes | BMV advises against it | Modified comparative (51% bar) |
| California | Yes | CHP confirms no restriction | Pure comparative |
| Tennessee | Yes | Formally condemned as unsafe | Comparative |
| Oklahoma | Yes | No formal position | Modified comparative (51% bar) |
| Florida | Yes | No formal position | Pure comparative |
| Michigan | Yes | No formal position | Modified comparative |
| Texas | Yes | No formal position | Modified comparative |
| Illinois | Yes | No formal position | Modified comparative |
Wisconsin’s stance is one of the most balanced and driver-friendly in the nation. Wisconsin’s DOT doesn’t explicitly say barefoot driving is illegal, but it does say it’s legal, while Wisconsin State Patrol has admitted that barefoot driving may sometimes be the safer option.
In Wisconsin, barefoot driving should be avoided in the following situations:
In Wisconsin, certain driving situations make barefoot driving a bad idea, even if it is legal and practical in those circumstances:
- Following lake or beach visits: Wisconsin’s Great Lakes shoreline and many lakes create wet and sandy foot conditions that can lead to potential pedal slippage
- Winter driving: Wisconsin winters are some of the harshest in the Midwest. Cold, numb bare feet on cold metal pedals drastically impair sensitivity and braking reliability.
- Rural roads: Many of Wisconsin’s roads are rural two-lane roads with abrupt hazards that require a quick and accurate response from the pedals.
- High-density, stop and go traffic in urban areas requires continuous and immediate pedal response, no room for hesitation.
- Long-distance highway driving: Fatigue builds in the feet over long interstate drives, without the support of a shoe.
There are some distinct seasonal differences in Wisconsin. In hot and humid summers, the drivers of the highways have wet feet, and in harsh winters, drivers’ sensitivity to bare feet is greatly diminished. Whether the law is permissive or not, both extremes are high risk for driving without a seatbelt.
An expert and legal perspective
State Trooper Jim Larson of the Wisconsin State Patrol, who served 18 years at the time of his published statement in the Wisconsin State Journal, said barefoot driving is completely legal in Wisconsin and there is no law against it. His further comment that he would “encourage” drivers in “difficult footwear” to drive barefoot is one of the most positive official comments on barefoot driving by any law enforcement official in the country.
Christopher J. Cherella is a Wisconsin criminal defense attorney with the Law Offices of Christopher J. Cherella who states that there is no law banning barefoot driving in Wisconsin, but it can still result in a reckless driving charge when it is a factor in unsafe driving. They advise within the confines of the state’s legal structure: The law is permissive, but the behavior-based requirements of Wisconsin Statutes Section 346.62 govern when barefoot driving results in unsafe outcomes.
LawInfo, a nationally recognized legal reference resource checked by licensed legal representatives, states that there’s no driving law in any state that prohibits driving without shoes on. They conclude that Wisconsin’s modified comparative negligence doctrine does not preclude recovery for a driver who is not wearing shoes, unless the driver is more than 50 percent at fault.
Also Read: Is It Illegal To
Conclusion
It is legal to drive without shoes in Wisconsin. The Wisconsin Statutes have no footwear requirement for passenger vehicle drivers, the Wisconsin Department of Transportation has confirmed this on a dedicated FAQ page, and the Wisconsin State Patrol has made it public that driving without shoes is not only legal but in some cases preferred over certain types of restrictive or loose shoes. Wisconsin’s official stance is one of the most balanced and explicit in the nation and no officer may lawfully issue a citation to a driver for driving without footwear.
What Wisconsin drivers need to know is that when it comes to driving illegally, there are consequences. Wisconsin Statutes Section 346.62 provides a definition of reckless driving as operating a vehicle in a manner that places persons or property at risk. First offense is a misdemeanor, with a $200 fine and 6 license points. Wisconsin’s comparative negligence doctrine applies when modifying its original rule, which allows a reduced or full compensation right to be lost in any civil case that arises after an accident due to a fault finding that relates to barefoot driving.
The best way to go is the one that Wisconsin’s own State Patrol trooper has been successfully promoting. Try to wear flat, closed toe shoes. If this is not an option, and flip-flops or high heels are the only other option, it might be safer to drive without shoes on. Have a pair of driving shoes in the car and eliminate the element of uncertainty.
Frequently Asked Questions
1. In Wisconsin, is it illegal to drive without shoes?
No. There is no provision in the Wisconsin Statutes that bans barefoot driving. According to the official Wisconsin Department of Transportation FAQ page, barefoot driving is legal in Wisconsin.
2. Will I get a ticket for driving without shoes on in Wisconsin?
Yes, as long as you keep the vehicles operating safely. A Wisconsin officer cannot issue a citation for driving without shoes. If the driving without shoes is a factor in unsafe operation of the vehicle or an accident, however, it could be considered reckless driving under Wisconsin Statutes Section 346.62.
3. Should you drive around without shoes in Wisconsin?
It depends on the circumstances. Wisconsin State Trooper Jim Larson has made it public that in some cases, it may be safer to drive while going without shoes than in restrictive or loose footwear such as flip-flops or high heels. There is a general agreement that flat, closed-toe shoes with rubber soles are the best shoes to wear for driving.
4. In all states, is it legal to drive without shoes on?
Yes, in the case of passenger car drivers. There is no state law banning barefoot driving in a normal passenger vehicle in the United States. The only two states that have a specific footwear requirement are Alabama and Georgia, which both only apply to motorcycle riders.
5. What impact does Wisconsin’s modified comparative negligence standard have on barefoot drivers?
Wisconsin’s modified comparative negligence rule allows for a percentage split of fault. If you were solely at fault in an accident (more than 51 percent) and barefoot driving was a contributing factor, you are unable to claim any compensation whatsoever.
6. If a Wisconsin police officer says that barefoot driving is illegal, what do I do?
The officer is wrong in fact. There is no Wisconsin law against barefoot driving and the Wisconsin DOT has stated this on its official FAQ page. One should be calm, be aware of their rights and if they are cited for driving without shoes, seek legal counsel from a traffic attorney, because the citation can be contested in court.
