AB846,4,6

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1343.30 (1q) (a) If a person is convicted under s. 346.63 (1) or a local ordinance
2in conformity therewith, the court shall proceed under this subsection. If a person
3is convicted under s. 346.63 (2) or 940.25, or s. 940.09 where the offense involved the
4use of a vehicle, the court shall proceed under pars. (c) and (d). If a person is referred
5by the department acting under s. 343.16 (5) (a), the department shall proceed under
6pars. (c) and (d) without the order of the court.

AB846,4,98 343.30 (1q) (b) (intro.) For persons convicted under s. 346.63 (1) or a local
9ordinance in conformity therewith:

AB846,4,1511 343.30 (1q) (b) 4m. If there was a minor passenger under 16 years of age in the
12motor vehicle at the time of the violation that gave rise to the conviction under s.
13346.63 (1) or a local ordinance in conformity with s. 346.63 (1), the applicable
14minimum and maximum revocation periods under subd. 2., 3. or 4. for the conviction
15are doubled.

AB846,5,217 343.30 (1q) (h) The court or department shall provide that the period of
18suspension or revocation imposed under this subsection shall be reduced by any
19period of suspension or revocation previously served under s. 343.305 if the
20suspension or revocation under s. 343.305 and the conviction for violation of s. 346.63
21(1) or (2m), or a local ordinance in conformity therewith with s. 346.63 (2m), arise out
22of the same incident or occurrence. The court or department shall order that the
23period of suspension or revocation imposed under this subsection run concurrently
24with any period of time remaining on a suspension or revocation imposed under s.
25343.305 arising out of the same incident or occurrence. The court may modify an

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1occupational license authorized under s. 343.305 (8) (d) in accordance with this
2subsection.

AB846,5,25 4343.303 Preliminary breath screening test. If a law enforcement officer
5has probable cause to believe that the person is violating or has violated s. 346.63 (1)
6or (2m) or a local ordinance in conformity therewith, or s. 346.63 (1), (2), or (6) or
7940.25, or s. 940.09 where the offense involved the use of a vehicle, or if the officer
8detects any presence of alcohol, a controlled substance, controlled substance analog
9or other drug, or a combination thereof, on a person driving or operating or on duty
10time with respect to a commercial motor vehicle or has reason to believe that the
11person is violating or has violated s. 346.63 (7) or a local ordinance in conformity
12therewith, the officer, prior to an arrest, may request the person to provide a sample
13of his or her breath for a preliminary breath screening test using a device approved
14by the department for this purpose. The result of this preliminary breath screening
15test may be used by the law enforcement officer for the purpose of deciding whether
16or not the person shall be arrested for a violation of s. 346.63 (1), (2m), (5), or (7) or
17a local ordinance in conformity therewith, or s. 346.63 (1), (2), or (6), 940.09 (1), or
18940.25 and whether or not to require or request chemical tests as authorized under
19s. 343.305 (3). The result of the preliminary breath screening test shall not be
20admissible in any action or proceeding except to show probable cause for an arrest,
21if the arrest is challenged, or to prove that a chemical test was properly required or
22requested of a person under s. 343.305 (3). Following the screening test, additional
23tests may be required or requested of the driver under s. 343.305 (3). The general
24penalty provision under s. 939.61 (1) does not apply to a refusal to take a preliminary
25breath screening test.

AB846,6,82 343.305 (3) (a) Upon arrest of a person for violation of s. 346.63 (1), (2m) or (5)
3or a local ordinance in conformity therewith, or for a violation of s. 346.63 (1), (2), or
4(6) or 940.25, or s. 940.09 where the offense involved the use of a vehicle, or upon
5arrest subsequent to a refusal under par. (ar), a law enforcement officer may request
6the person to provide one or more samples of his or her breath, blood or urine for the
7purpose specified under sub. (2). Compliance with a request for one type of sample
8does not bar a subsequent request for a different type of sample.

AB846,6,1910 343.305 (3) (b) A person who is unconscious or otherwise not capable of
11withdrawing consent is presumed not to have withdrawn consent under this
12subsection, and if a law enforcement officer has probable cause to believe that the
13person has violated s. 346.63 (1), (2m) or (5) or a local ordinance in conformity
14therewith, or s. 346.63 (1), (2), or (6) or 940.25, or s. 940.09 where the offense involved
15the use of a vehicle, or detects any presence of alcohol, controlled substance,
16controlled substance analog or other drug, or a combination thereof, on a person
17driving or operating or on duty time with respect to a commercial motor vehicle or
18has reason to believe the person has violated s. 346.63 (7), one or more samples
19specified in par. (a) or (am) may be administered to the person.

AB846,7,321 343.305 (5) (b) Blood may be withdrawn from the person arrested for violation
22of s. 346.63 (1), (2), (2m), (5) or (6) or 940.25, or s. 940.09 where the offense involved
23the use of a vehicle, or a local ordinance in conformity with s. 346.63 (1), (2m) or (5),
24or as provided in sub. (3) (am) or (b) to determine the presence or quantity of alcohol,
25a controlled substance, a controlled substance analog or any other drug, or any

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1combination of alcohol, controlled substance, controlled substance analog and any
2other drug in the blood only by a physician, registered nurse, medical technologist,
3physician assistant or person acting under the direction of a physician.

AB846,7,85 343.305 (9) (a) 1. That prior to a request under sub. (3) (a), the officer had placed
6the person under arrest for a violation of s. 346.63 (1), (2m) or (5) or a local ordinance
7in conformity therewith or s. 346.63 (1), (2), or (6), 940.09 (1), or 940.25 or had
8requested the person to take a test under sub. (3) (ar).

AB846,7,2110 343.305 (9) (a) 5. a. Whether the officer had probable cause to believe the
11person was driving or operating a motor vehicle while under the influence of alcohol,
12a controlled substance or a controlled substance analog or any combination of
13alcohol, a controlled substance and a controlled substance analog, under the
14influence of any other drug to a degree which renders the person incapable of safely
15driving, or under the combined influence of alcohol and any other drug to a degree
16which renders the person incapable of safely driving, having a restricted controlled
17substance in his or her blood, or having a prohibited alcohol concentration or, if the
18person was driving or operating a commercial motor vehicle, an alcohol
19concentration of 0.04 or more and whether the person was lawfully placed under
20arrest for violation of s. 346.63 (1), (2m) or (5) or a local ordinance in conformity
21therewith or s. 346.63 (1), (2), or (6), 940.09 (1), or 940.25.

AB846,8,523 343.305 (9) (d) At the close of the hearing, or within 5 days thereafter, the court
24shall determine the issues under par. (a) 5. or (am) 5. If all issues are determined
25adversely to the person, the court shall proceed under sub. (10). If one or more of the

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1issues is determined favorably to the person, the court shall order that no action be
2taken on the operating privilege on account of the person's refusal to take the test in
3question. This section does not preclude the prosecution of the person for violation
4of s. 346.63 (1), (2m), (5), or (7) or a local ordinance in conformity therewith, or s.
5346.63 (1), (2), or (6), 940.09 (1), or 940.25.

AB846,8,98 343.307 (1) (c) Convictions for violations under s. 346.63 (1) or (2) or 940.25,
9or s. 940.09 where the offense involved the use of a vehicle.

AB846,8,1211 343.307 (2) (a) Convictions for violations under s. 346.63 (1) or (5), or a local
12ordinance in conformity with either section s. 346.63 (5).

AB846,8,1414 343.307 (2) (c) Convictions for violations under s. 346.63 (1), (2), or (6).

AB846,8,1716 343.44 (2p) (b) Violating s. 346.63 (1) or (5) or a local ordinance in conformity
17therewith.

AB846,8,1919 343.44 (2p) (c) Violating s. 346.63 (1), (2), or (6), 940.09 (1), or 940.25.

AB846,8,2321 345.20 (2) (c) Sections 967.055 and 972.11 (3m) apply to traffic forfeiture
22actions for violations of s. 346.63 (1) or (5) or a local ordinance in conformity
23therewith.

AB846,9,7

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1345.24 (1) A person arrested under s. 346.63 (1) or (5) or an a local ordinance
2in conformity therewith or s. 346.63 (1), (2), or (6) or 940.25, or s. 940.09 where the
3offense involved the use of a vehicle, may not be released until 12 hours have elapsed
4from the time of his or her arrest or unless a chemical test administered under s.
5343.305 shows that the person has an alcohol concentration of less than 0.04, but the
6person may be released to his or her attorney, spouse, relative, or other responsible
7adult at any time after arrest.

AB846,9,139 345.60 (3) In addition to other penalties provided by law for violation of s.
10346.63 (1) or a local ordinance in conformity therewith, or s. 346.63 or (2) or 940.25,
11or s. 940.09 where the offense involved the use of a vehicle, the convicted person may
12be required under s. 343.30 (1q) to attend, for a certain number of school days, a
13school under sub. (1).

AB846,9,1615 346.63 (4) If a person is convicted under sub. (1) or a local ordinance in
16conformity therewith, or sub. (2), the court shall proceed under s. 343.30 (1q).

AB846,9,23 18346.635 Report arrest or out-of-service order to department.
19Whenever a law enforcement officer arrests a person for a violation of s. 346.63 (1),
20(5) or (7), or a local ordinance in conformity therewith, or s. 346.63 (1), (2), or (6) or
21940.25, or s. 940.09 where the offense involved the use of a vehicle, the officer shall
22notify the department of the arrest and of issuance of an out-of-service order under
23s. 343.305 (7) (b) or (9) (am) as soon as practicable.

AB846,10,3

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1346.65 (2) (am) 1. Shall forfeit not less than $150 nor more than $300, except
2Except as provided in subds. 2. to 5. 7. and par. (f), shall be fined not less than $150
3nor more than $300 and imprisoned for not more than 5 days, or both.

AB846,10,105 346.65 (2e) If the court determines that a person does not have the ability to
6pay the costs and fine or forfeiture imposed under sub. (2) (am), (f), or (g), the court
7may reduce the costs, or fine, and forfeiture imposed and order the person to pay,
8toward the cost of the assessment and driver safety plan imposed under s. 343.30 (1q)
9(c), the difference between the amount of the reduced costs and fine or forfeiture and
10the amount of costs and fine or forfeiture imposed under sub. (2) (am), (f), or (g).

AB846,10,2012 346.65 (2g) (a) In addition to the authority of the court under s. 973.05 (3) (a)
13to provide that a defendant perform community service work for a public agency or
14a nonprofit charitable organization in lieu of part or all of a fine imposed under sub.
15(2) (am) 2., 3., 4., 4m., and 5., (f), and (g) and except as provided in par. (ag), the court
16may provide that a defendant perform community service work for a public agency
17or a nonprofit charitable organization in lieu of part or all of a forfeiture under sub.
18(2) (am) 1. or may require a person who is subject to sub. (2) to perform community
19service work for a public agency or a nonprofit charitable organization in addition
20to the penalties specified under sub. (2).

AB846,11,422 346.65 (2g) (ag) If the court determines that a person does not have the ability
23to pay a fine imposed under sub. (2) (am) 2., 3., 4., 4m., or 5., (f), or (g), the court shall
24require the defendant to perform community service work for a public agency or a
25nonprofit charitable organization in lieu of paying the fine imposed or, if the amount

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1of the fine was reduced under sub. (2e), in lieu of paying the remaining amount of the
2fine. Each hour of community service performed in compliance with an order under
3this paragraph shall reduce the amount of the fine owed by an amount determined
4by the court.

AB846,11,156 346.65 (2g) (am) Notwithstanding s. 973.05 (3) (b), an order under par. (a) or
7(ag) may apply only if agreed to by the organization or agency. The court shall ensure
8that the defendant is provided a written statement of the terms of the community
9service order and that the community service order is monitored. Any organization
10or agency acting in good faith to which a defendant is assigned pursuant to an order
11under this subsection has immunity from any civil liability in excess of $25,000 for
12acts or omissions by or impacting on the defendant. The issuance or possibility of the
13issuance of a community service order under this subsection does not entitle an
14indigent defendant who is subject to sub. (2) (am) 1. to representation by counsel
15under ch. 977.

AB846,12,1617 346.65 (2i) In addition to the authority of the court under sub. (2g) and s. 973.05
18(3) (a), the court may order a defendant subject to sub. (2), or a defendant subject to
19s. 973.05 (3) (a) who violated s. 346.63 (1) or (2), 940.09 (1), or 940.25, to visit a site
20that demonstrates the adverse effects of substance abuse or of operating a vehicle
21while under the influence of an intoxicant or other drug, including an alcoholism
22treatment facility approved under s. 51.45 or an emergency room of a general
23hospital in lieu of part or all of any forfeiture imposed or in addition to any penalty
24imposed. The court may order the defendant to pay a reasonable fee, based on the
25person's ability to pay, to offset the costs of establishing, maintaining, and

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1monitoring the visits ordered under this subsection. The court may order a visit to
2the site only if agreed to by the person responsible for the site. If the opportunities
3available to visit sites under this subsection are fewer than the number of defendants
4eligible for a visit, the court shall, when making an order under this subsection, give
5preference to defendants who were under 21 years of age at the time of the offense.
6The court shall ensure that the visit is monitored. A visit to a site may be ordered
7for a specific time and a specific day to allow the defendant to observe victims of
8vehicle accidents involving intoxicated drivers. If it appears to the court that the
9defendant has not complied with the court order to visit a site or to pay a reasonable
10fee, the court may order the defendant to show cause why he or she should not be held
11in contempt of court. Any organization or agency acting in good faith to which a
12defendant is assigned pursuant to an order under this subsection has immunity from
13any civil liability in excess of $25,000 for acts or omissions by or impacting on the
14defendant. The issuance or possibility of the issuance of an order under this
15subsection does not entitle an indigent defendant who is subject to sub. (2) (am) 1.
16to representation by counsel under ch. 977.

AB846,13,218 346.65 (2m) (a) In imposing a sentence under sub. (2) for a violation of s. 346.63
19(1) (am) or (b) or (5) or a local ordinance in conformity therewith with s. 346.63 (5),
20the court shall review the record and consider the aggravating and mitigating factors
21in the matter. If the amount of alcohol in the person's blood or urine or the amount
22of a restricted controlled substance in the person's blood is known, the court shall
23consider that amount as a factor in sentencing. The chief judge of each judicial
24administrative district shall adopt guidelines, under the chief judge's authority to

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1adopt local rules under SCR 70.34, for the consideration of aggravating and
2mitigating factors.

AB846,13,95 346.655 (1) If a court imposes a fine or a forfeiture for a violation of s. 346.63
6(1) or (5), or a local ordinance in conformity therewith, or s. 346.63 (1), (2), or (6) or
7940.25, or s. 940.09 where the offense involved the use of a vehicle, it shall impose
8a driver improvement surcharge under ch. 814 in an amount of $435 in addition to
9the fine or forfeiture, plus costs, fees, and other surcharges imposed under ch. 814.

AB846,13,1211 349.03 (2m) Notwithstanding sub. (2), a municipal court may suspend a license
12for a violation of a local ordinance in conformity with s. 346.63 (1) or (2m).

AB846,13,1614 349.03 (4) If a violation under s. 343.305 or 346.63 or a local ordinance in
15conformity with s. 346.63 (1), (5) or (7) occurs within a law enforcement officer's
16jurisdiction, he or she may enforce the violation anywhere in the state.

AB846,13,1918 349.06 (1m) Notwithstanding sub. (1), a municipal court may suspend a license
19for a violation of a local ordinance in conformity with s. 346.63 (1) or (2m).

AB846,13,2221 800.035 (2) (a) 3. Inform the defendant of the right to a jury trial on charges
22filed under an a local ordinance in conformity with s. 346.63 (1) or (5).

AB846,14,3

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1800.035 (5) (a) If a defendant is charged with a violation of an a local ordinance
2in conformity with s. 346.63 (1) or (5), the municipality may, by ordinance, require
3the defendant to appear in person before the court.

AB846,14,165 800.035 (5) (c) If a defendant charged with a violation of an a local ordinance
6that is in conformity with s. 346.63 (1) or (5) pleads not guilty and within 10 days after
7entry of the plea requests a jury trial and pays the required fees, the municipal judge
8shall promptly transmit all papers and fees in the cause to the clerk of the circuit
9court of the county where the violation occurred for a jury trial under s. 345.43. The
10plea of not guilty and request for jury trial may be made in writing. If the person
11refused to take a test under s. 343.305 (3) and requested a hearing under s. 343.305
12(9) to determine if the person's refusal was proper, the papers and fees involved in
13that action shall be transferred to the same circuit court, which shall conduct the
14refusal hearing. Upon receipt of the request, the circuit court shall set a time for trial.
15Any deposit made personally or in writing is forfeited upon nonappearance at the
16time set for trial. The required fee for a jury is prescribed in s. 814.61 (4).

AB846,15,1218 967.055 (2) (a) Notwithstanding s. 971.29, if the prosecutor seeks to dismiss
19or amend a charge under s. 346.63 (1) or (5) or a local ordinance in conformity
20therewith, or s. 346.63 (1), (2), or (6) or 940.25, or s. 940.09 where the offense involved
21the use of a vehicle or an improper refusal under s. 343.305, the prosecutor shall
22apply to the court. The application shall state the reasons for the proposed
23amendment or dismissal. The court may approve the application only if the court
24finds that the proposed amendment or dismissal is consistent with the public's
25interest in deterring the operation of motor vehicles by persons who are under the

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1influence of an intoxicant, a controlled substance, a controlled substance analog or
2any combination of an intoxicant, controlled substance and controlled substance
3analog, under the influence of any other drug to a degree which renders him or her
4incapable of safely driving, or under the combined influence of an intoxicant and any
5other drug to a degree which renders him or her incapable of safely driving, in
6deterring the operation of motor vehicles by persons with a detectable amount of a
7restricted controlled substance in his or her blood, or in deterring the operation of
8commercial motor vehicles by persons with an alcohol concentration of 0.04 or more.
9The court may not approve an application to amend the vehicle classification from
10a commercial motor vehicle to a noncommercial motor vehicle unless there is
11evidence in the record that the motor vehicle being operated by the defendant at the
12time of his or her arrest was not a commercial motor vehicle.

AB846,15,1514 967.055 (3) (a) A violation of s. 346.63 (1) or (5) or a local ordinance in
15conformity therewith.

AB846,15,1717 967.055 (3) (b) A violation of s. 346.63 (1), (2), or (6).

AB846,15,2219 972.11 (3m) A court may not exclude evidence in any criminal action or traffic
20forfeiture action for violation of s. 346.63 (1) or (5), or a local ordinance in conformity
21with s. 346.63 (1) or (5), on the ground that the evidence existed or was obtained
22outside of this state.