LRB-4700/1
RPN:kmg&kaf:km
1995 - 1996 LEGISLATURE
March 7, 1996 - Introduced by Senator Adelman. Referred to Committee on
Judiciary.
SB605,1,10 1An Act to repeal 340.01 (46m) (a), 885.235 (1) (a) 2., 885.235 (1) (b) and 885.235
2(1) (cd); to renumber 885.235 (1) (a) 1.; to consolidate, renumber and
3amend
340.01 (46m) (intro.) and (b); to amend 23.33 (4c) (a) 2. and 3., 23.33
4(4c) (b) 2., 23.33 (4c) (b) 4., 30.681 (1) (b), 30.681 (2) (b), 30.681 (2) (d), 343.31
5(1) (ar), 346.63 (2) (b), 346.63 (2m), 346.63 (5) (a), 346.63 (6) (a), 350.101 (1) (b)
6and (c), 350.101 (2) (b), 350.101 (2) (d), 885.235 (1) (c), 885.235 (1m), 885.235 (4),
7940.09 (1) (bm), 940.09 (1g) (b), 940.09 (2), 940.25 (1) (bm), 940.25 (2), 949.08
8(2) (em) and 967.055 (1) (b); and to create 23.33 (1) (jc), 30.50 (9f), 350.01 (10b)
9and 885.235 (5) (d) of the statutes; relating to: the alcohol concentration of ve
10hicle operators.
Analysis by the Legislative Reference Bureau
Under present law, a person may not operate an all-terrain vehicle, motorboat
or snowmobile if his or her alcohol concentration is 0.1% or more by weight of alcohol
in the person's blood or 0.1 grams or more of alcohol in 210 liters of the person's
breath.
A person who has one or no prior convictions of operating a motor vehicle while
intoxicated (OWI) is guilty of an OWI offense if the person operates or drives a motor
vehicle while his or her blood alcohol concentration is 0.1% or more or while his or
her breath contains 0.1 grams or more of alcohol in 210 liters of breath. If the person
has 2 or more prior OWI convictions, these figures are 0.08% and 0.08 grams.
This bill prohibits a person from operating any of those vehicles if the person's
alcohol concentration is 0.08% or more by weight of alcohol in his or her blood or 0.08

grams or more of alcohol in 210 liters of his or her breath. The bill similarly changes
the applicable levels for other offenses involving intoxication, including the opera
tion or handling of a firearm, and revises the legal presumptions for chemical tests
for intoxication accordingly.
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB605, s. 1 1Section 1. 23.33 (1) (jc) of the statutes is created to read:
SB605,2,32 23.33 (1) (jc) "Prohibited alcohol concentration" has the meaning given in s.
3340.01 (46m).
SB605, s. 2 4Section 2. 23.33 (4c) (a) 2. and 3. of the statutes are amended to read:
SB605,2,105 23.33 (4c) (a) 2. (title) `Operating with a prohibited alcohol concentrations at
6or above specified levels
concentration.' No person may engage in the operation of
7an all-terrain vehicle while the person has a blood prohibited alcohol concentration
8of 0.1% or more by weight of alcohol in his or her blood. No person may engage in
9the operation of an all-terrain vehicle while the person has 0.1 grams or more of alco
10hol in 210 liters of his or her breath
.
SB605,2,1611 3. (title) `Operating with a prohibited alcohol concentrations at specified levels
12concentration; below age 19.' If a person has not attained the age of 19, the person
13may not engage in the operation of an all-terrain vehicle while he or she has a blood
14alcohol concentration of more than 0.0% but not more than 0.1% by weight of alcohol
15in his or her blood or more than 0.0 grams but not more than 0.1 grams of alcohol in
16210 liters of his or her breath
the prohibited alcohol concentration.
SB605, s. 3 17Section 3. 23.33 (4c) (b) 2. of the statutes is amended to read:
SB605,3,418 23.33 (4c) (b) 2. (title) `Causing injury with a prohibited alcohol concentrations
19at or above specified levels
concentration.' No person who has a blood prohibited

1alcohol concentration of 0.1% or more by weight of alcohol in his or her blood may
2cause injury to another person by the operation of an all-terrain vehicle. No person
3who has 0.1 grams or more of alcohol in 210 liters of his or her breath may cause
4injury to another person by the operation of an all-terrain vehicle.
SB605, s. 4 5Section 4. 23.33 (4c) (b) 4. of the statutes is amended to read:
SB605,3,116 23.33 (4c) (b) 4. `Defenses.' In an action under this paragraph, the defendant
7has a defense if he or she proves by a preponderance of the evidence that the injury
8would have occurred even if he or she had been exercising due care and he or she had
9not been under the influence of an intoxicant or did not have a blood prohibited alco
10hol concentration of 0.1% or more by weight of alcohol in his or her blood or 0.1 grams
11or more of alcohol in 210 liters of his or her breath
.
SB605, s. 5 12Section 5. 30.50 (9f) of the statutes is created to read:
SB605,3,1413 30.50 (9f) "Prohibited alcohol concentration" has the meaning given in s.
14340.01 (46m).
SB605, s. 6 15Section 6. 30.681 (1) (b) of the statutes is amended to read:
SB605,3,2116 30.681 (1) (b) (title) Operating with a prohibited alcohol concentrations at or
17above specified levels
concentration. No person may engage in the operation of a mo
18torboat while the person has a blood prohibited alcohol concentration of 0.1% or more
19by weight of alcohol in his or her blood. No person may engage in the operation of
20a motorboat while the person has 0.1 grams or more of alcohol in 210 liters of his or
21her breath
.
SB605, s. 7 22Section 7. 30.681 (2) (b) of the statutes is amended to read:
SB605,4,323 30.681 (2) (b) (title) Causing injury with a prohibited alcohol concentrations at
24or above specified levels
concentration. No person who has a blood prohibited alcohol
25concentration of 0.1% or more by weight of alcohol in his or her blood may cause

1injury to another person by the operation of a motorboat. No person who has 0.1
2grams or more of alcohol in 210 liters of his or her breath may cause injury to another
3person by the operation of a motorboat.
SB605, s. 8 4Section 8. 30.681 (2) (d) of the statutes is amended to read:
SB605,4,105 30.681 (2) (d) Defenses. In an action under this subsection, the defendant has
6a defense if he or she proves by a preponderance of the evidence that the injury would
7have occurred even if he or she had been exercising due care and he or she had not
8been under the influence of an intoxicant or did not have a blood prohibited alcohol
9concentration of 0.1% or more by weight of alcohol in his or her blood or 0.1 grams
10or more of alcohol in 210 liters of his or her breath
.
SB605, s. 9 11Section 9. 340.01 (46m) (intro.) and (b) of the statutes are consolidated, re
12numbered 340.01 (46m) and amended to read:
SB605,4,1713 340.01 (46m) "Prohibited alcohol concentration" means one of the following:
14(b) If the person has 2 or more prior convictions, suspensions or revocations, as
15counted under s. 343.307 (1),
a blood alcohol concentration of 0.08% or more by
16weight of alcohol in the person's blood or 0.08 grams or more of alcohol in 210 liters
17of the person's breath.
SB605, s. 10 18Section 10. 340.01 (46m) (a) of the statutes is repealed.
SB605, s. 11 19Section 11. 343.31 (1) (ar) of the statutes is amended to read:
SB605,4,2220 343.31 (1) (ar) Injury by the operation of a commercial motor vehicle while the
21person has an alcohol concentration of 0.04 or more but less than 0.1 0.08 and which
22is criminal under s. 346.63 (6).
SB605, s. 12 23Section 12. 346.63 (2) (b) of the statutes is amended to read:
SB605,5,624 346.63 (2) (b) In an action under this subsection, the defendant has a defense
25if he or she proves by a preponderance of the evidence that the injury would have

1occurred even if he or she had been exercising due care and he or she had not been
2under the influence of an intoxicant or a controlled substance or a combination
3thereof, 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 or did
6not have a blood prohibited alcohol concentration described under par. (a) 2.
SB605, s. 13 7Section 13. 346.63 (2m) of the statutes is amended to read:
SB605,5,178 346.63 (2m) If a person has not attained the age of 19, the person may not drive
9or operate a motor vehicle while he or she has a blood alcohol concentration of more
10than 0.0% but not more than 0.1% by weight of alcohol in the person's blood or more
11than 0.0 grams but not more than 0.1 grams of alcohol in 210 liters of that person's
12breath
the prohibited alcohol concentration. One penalty for violation of this subsec
13tion is suspension of a person's operating privilege under s. 343.30 (1p). The person
14is eligible for an occupational license under s. 343.10 at any time. If a person arrested
15for a violation of this subsection refuses to take a test under s. 343.305, the refusal
16is a separate violation and the person is subject to revocation of the person's operat
17ing privilege under s. 343.305 (10) (em).
SB605, s. 14 18Section 14. 346.63 (5) (a) of the statutes is amended to read:
SB605,5,2019 346.63 (5) (a) No person may drive or operate a commercial motor vehicle while
20the person has an alcohol concentration of 0.04 or more but less than 0.1 0.08.
SB605, s. 15 21Section 15. 346.63 (6) (a) of the statutes is amended to read:
SB605,5,2422 346.63 (6) (a) No person may cause injury to another person by the operation
23of a commercial motor vehicle while the person has an alcohol concentration of 0.04
24or more but less than 0.1 0.08.
SB605, s. 16 25Section 16. 350.01 (10b) of the statutes is created to read:
SB605,6,2
1350.01 (10b) "Prohibited alcohol concentration" has the meaning given in s.
2340.01 (46m).
SB605, s. 17 3Section 17. 350.101 (1) (b) and (c) of the statutes are amended to read:
SB605,6,94 350.101 (1) (b) (title) Operating with a prohibited alcohol concentrations at or
5above specified levels
concentration. No person may engage in the operation of a
6snowmobile while the person has a blood prohibited alcohol concentration of 0.1% or
7more by weight of alcohol in his or her blood. No person may engage in the operation
8of a snowmobile while the person has 0.1 grams or more of alcohol in 210 liters of his
9or her breath
.
SB605,6,1510 (c) (title) Operating with a prohibited alcohol concentrations at specified levels
11concentration; below age 19. If a person has not attained the age of 19, the person
12may not engage in the operation of a snowmobile while he or she has a blood alcohol
13concentration of more than 0.0% but not more than 0.1% by weight of alcohol in his
14or her blood or more than 0.0 grams but not more than 0.1 grams of alcohol in 210
15liters of his or her breath
the prohibited alcohol concentration.
SB605, s. 18 16Section 18. 350.101 (2) (b) of the statutes is amended to read:
SB605,6,2217 350.101 (2) (b) (title) Causing injury with a prohibited alcohol concentrations
18at or above specified levels
concentration . No person who has a blood prohibited alco
19hol concentration of 0.1% or more by weight of alcohol in his or her blood may cause
20injury to another person by the operation of a snowmobile. No person who has 0.1
21grams or more of alcohol in 210 liters of his or her breath may cause injury to another
22person by the operation of a snowmobile.
SB605, s. 19 23Section 19. 350.101 (2) (d) of the statutes is amended to read:
SB605,7,424 350.101 (2) (d) Defenses. In an action under this subsection, the defendant has
25a defense if he or she proves by a preponderance of the evidence that the injury would

1have occurred even if he or she had been exercising due care and he or she had not
2been under the influence of an intoxicant or did not have a blood prohibited alcohol
3concentration of 0.1% or more by weight of alcohol in his or her blood or 0.1 grams
4or more of alcohol in 210 liters of his or her breath
.
SB605, s. 20 5Section 20. 885.235 (1) (a) 1. of the statutes is renumbered 885.235 (1) (a).
SB605, s. 21 6Section 21. 885.235 (1) (a) 2. of the statutes is repealed.
SB605, s. 22 7Section 22. 885.235 (1) (b) of the statutes is repealed.
SB605, s. 23 8Section 23. 885.235 (1) (c) of the statutes is amended to read:
SB605,7,139 885.235 (1) (c) The fact that the analysis shows that there was 0.1% 0.08% or
10more by weight of alcohol in the person's blood or 0.1 0.08 grams or more of alcohol
11in 210 liters of the person's breath is prima facie evidence that he or she was under
12the influence of an intoxicant and is prima facie evidence that he or she had an alco
13hol concentration of 0.1 0.08 or more.
SB605, s. 24 14Section 24. 885.235 (1) (cd) of the statutes is repealed.
SB605, s. 25 15Section 25. 885.235 (1m) of the statutes is amended to read:
SB605,8,316 885.235 (1m) In any action under s. 23.33 (4c) (a) 3., 346.63 (2m) or (7) or
17350.101 (1) (c), evidence of the amount of alcohol in the person's blood at the time in
18question, as shown by chemical analysis of a sample of the person's blood or urine or
19evidence of the amount of alcohol in the person's breath, is admissible on the issue
20of whether he or she had a blood prohibited alcohol concentration in the range speci
21fied in s. 23.33 (4c) (a) 3., 346.63 (2m) or 350.101 (1) (c)
or a measured alcohol con
22centration under s. 346.63 (7) if the sample was taken within 3 hours after the event
23to be proved. The fact that the analysis shows that there was more than 0.0% but
24not more than 0.1% 0.08% by weight of alcohol in the person's blood or more than 0.0
25grams but not more than 0.1 0.08 grams of alcohol in 210 liters of the person's breath

1is prima facie evidence that the person had a blood prohibited alcohol concentration
2in the range specified in s. 23.33 (4c) (a) 3., 346.63 (2m) or 350.101 (1) (c) or a mea
3sured alcohol concentration under s. 346.63 (7).
SB605, s. 26 4Section 26. 885.235 (4) of the statutes is amended to read:
SB605,8,105 885.235 (4) The provisions of this section relating to the admissibility of chemi
6cal tests for alcohol concentration, intoxication or blood alcohol concentration shall
7not be construed as limiting the introduction of any other competent evidence bear
8ing on the question of whether or not a person was under the influence of an intoxi
9cant, had a specified alcohol concentration or had a blood prohibited alcohol con
10centration in the range specified in s. 23.33 (4c) (a) 3., 346.63 (2m) or 350.101 (1) (c).
SB605, s. 27 11Section 27. 885.235 (5) (d) of the statutes is created to read:
SB605,8,1312 885.235 (5) (d) "Prohibited alcohol concentration" has the meaning given in s.
13340.01 (46m).
SB605, s. 28 14Section 28. 940.09 (1) (bm) of the statutes is amended to read:
SB605,8,1715 940.09 (1) (bm) Causes the death of another by the operation of a commercial
16motor vehicle while the person has an alcohol concentration of 0.04 or more but less
17than 0.1 0.08.
SB605, s. 29 18Section 29. 940.09 (1g) (b) of the statutes is amended to read:
SB605,8,2219 940.09 (1g) (b) Causes the death of another by the operation or handling of a
20firearm or airgun while the person has a blood prohibited alcohol concentration of
210.1% or more by weight of alcohol in that person's blood or 0.10 grams or more of alco
22hol in 210 liters of that person's breath
, as defined in s. 340.01 (46m).
SB605, s. 30 23Section 30. 940.09 (2) of the statutes is amended to read:
SB605,9,324 940.09 (2) The defendant has a defense if he or she proves by a preponderance
25of the evidence that the death would have occurred even if he or she had been exercis

1ing due care and he or she had not been under the influence of an intoxicant or did
2not have a prohibited alcohol concentration or a blood alcohol concentration de
3scribed under sub. (1) (b) or (bm) or (1g) (b).
SB605, s. 31 4Section 31. 940.25 (1) (bm) of the statutes is amended to read:
SB605,9,75 940.25 (1) (bm) Causes great bodily harm to another human being by the opera
6tion of a commercial motor vehicle while the person has an alcohol concentration of
70.04 or more but less than 0.1 0.08.
SB605, s. 32 8Section 32. 940.25 (2) of the statutes is amended to read:
SB605,9,139 940.25 (2) The defendant has a defense if he or she proves by a preponderance
10of the evidence that the great bodily harm would have occurred even if he or she had
11been exercising due care and he or she had not been under the influence of an intoxi
12cant or did not have a prohibited alcohol concentration or a blood alcohol concentra
13tion described under sub. (1) (b) or (bm).
SB605, s. 33 14Section 33. 949.08 (2) (em) of the statutes is amended to read:
SB605,9,2015 949.08 (2) (em) Is an adult passenger in the offender's commercial motor ve
16hicle and the crime involved is specified in s. 346.63 (6) or 940.25 and the passenger
17knew the offender was under the influence of an intoxicant, a controlled substance
18or both or had an alcohol concentration of 0.04 or more but less than 0.1 0.08. This
19paragraph does not apply if the victim is also a victim of a crime specified in s. 940.30,
20940.305, 940.31 or 948.30.
SB605, s. 34 21Section 34. 967.055 (1) (b) of the statutes is amended to read:
SB605,9,2522 967.055 (1) (b) The legislature intends to encourage the vigorous prosecution
23of offenses concerning the operation of motorboats by persons under the influence of
24an intoxicant, a controlled substance or both to a degree which renders him or her
25incapable of operating a motorboat safely, or under the combined influence of an

1intoxicant and any other drug to a degree which renders him or her incapable of
2operating a motorboat safely or having a blood prohibited alcohol concentration of
30.1% or more
, as defined in s. 340.01 (46m).
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