LRB-3360/1
RPN:jlg:jf
1997 - 1998 LEGISLATURE
December 17, 1997 - Introduced by Senators Drzewiecki, Rosenzweig, Huelsman,
Darling, Cowles, Clausing, Roessler and Panzer, cosponsored by
Representatives Walker, Kreibich, Ladwig, F. Lasee, Dobyns, Staskunas,
Schafer, Ainsworth, Albers, Hutchison, Gunderson, Brandemuehl,
Harsdorf, Goetsch, Hanson, M. Lehman, Green and Urban. Referred to
Committee on Judiciary, Campaign Finance Reform and Consumer Affairs.
SB379,1,7
1An Act to amend 343.10 (5) (b), 343.30 (1q) (b) (intro.), 343.305 (10) (b) 3.,
2343.305 (10) (em), 343.307 (1) (intro.), 343.307 (3), 343.31 (3) (bm) (intro.),
3346.65 (2) (intro.), 346.65 (2c), 346.65 (2e), 346.65 (2g) (a), 346.65 (2i), 346.65
4(2m) (a), 346.65 (2m) (b), 346.65 (7) and 971.17 (1); and
to create 343.30 (1q)
5(bm), 343.31 (3) (br) and 346.65 (2bg) of the statutes;
relating to: driving a
6motor vehicle while under the influence of an intoxicant and providing
7penalties.
Analysis by the Legislative Reference Bureau
Under current law, a person who drives a motor vehicle while the amount of
alcohol in his or her blood (alcohol concentration) is above a specified level is subject
to penalties for operating a motor vehicle while under the influence of an intoxicant
(OWI). Currently, the prohibited alcohol concentration for persons who have one or
no prior OWI offenses is 0.1. If a person has 2 or more prior OWI offenses, the
prohibited alcohol concentration is 0.08. The severity of the penalties, which include
loss of operating privileges, forfeitures or fines, and imprisonment, depend on the
number of prior OWI offenses the person has committed and the type of OWI offense.
The 4 types of OWI offenses are regular OWI, OWI causing injury, OWI causing great
bodily harm and OWI causing death.
Currently, the penalties for regular OWI offenses are as follows:
1. For the first offense, suspension of the person's operating privilege for 6 to
9 months with the right to obtain an occupational license immediately and a
forfeiture of $150 to $300.
2. For the 2nd offense, revocation of the person's operating privilege for 1 year
to 18 months and the right to obtain an occupational license after 60 days, a fine of
$300 to $1,000 and imprisonment of 5 days to 6 months.
3. For the 3rd or subsequent offense, revocation of the person's operating
privilege for 2 to 3 years and the right to obtain an occupational license after 90 days
and a fine of $600 to $2,000. In addition, for the 3rd offense, imprisonment of 30 days
to 1 year.
4. For the 4th offense the imprisonment is from 60 days to 1 year.
5. For the 5th or subsequent offense, the imprisonment is from 6 months to 1
year.
This bill creates a different set of penalties if the regular OWI offense was
committed while the person had an alcohol concentration of 0.18 or greater. The
penalties are as follows:
1. For the first offense, revocation of the person's operating privilege for 1 year
to 18 months and the right to obtain an occupational license after 60 days, a fine of
$300 to $1,000 and imprisonment of 5 days to 6 months.
2. For the 2nd or subsequent offense, revocation of the person's operating
privilege for 2 to 3 years and the right to obtain an occupational license after 90 days.
In addition, for the 2nd offense, a fine of $600 to $2,000 and imprisonment of 30 days
to 1 year.
3. For the 3rd offense, a fine of $1,000 to $2,500 and imprisonment of 60 days
to 1 year.
4. For the 4th or subsequent offense, a fine of $1,000 to $3,000 and
imprisonment of 6 months to 1 year.
If a passenger under 16 years of age was in the vehicle at the time of the offense,
the penalties are doubled under current law and for these new penalties.
The bill increases the operating privilege revocation period for a refusal to
submit to a test to determine the person's alcohol concentration when the person has
one prior OWI conviction to the same amount, 2 to 3 years, as is assessed for a regular
OWI offense with an alcohol concentration of 0.18 or more if the person has one prior
OWI offense.
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:
SB379, s. 1
1Section
1. 343.10 (5) (b) of the statutes is amended to read:
SB379,3,3
1343.10
(5) (b)
Limitations. Occupational licenses are subject to the limitations
2specified in ss. 343.30 (1q) (b)
, (bm) and (h), 343.305 (8) (d) and (10) (b) and (em),
3343.31 (3m), 343.32 (1m) and 767.303 and 961.50.
SB379, s. 2
4Section
2. 343.30 (1q) (b) (intro.) of the statutes is amended to read:
SB379,3,65
343.30
(1q) (b) (intro.) For persons convicted under s. 346.63 (1) or a local
6ordinance in conformity therewith
whose alcohol concentration is less than 0.18:
SB379, s. 3
7Section
3. 343.30 (1q) (bm) of the statutes is created to read:
SB379,3,98
343.30
(1q) (bm) For persons convicted under s. 346.63 (1) or a local ordinance
9in conformity therewith whose alcohol concentration is 0.18 or greater:
SB379,3,1610
1. The court shall suspend or revoke the person's operating privilege under this
11paragraph according to the number of previous suspensions, revocations or
12convictions that would be counted under s. 343.307 (1). Suspensions, revocations
13and convictions arising out of the same incident shall be counted as one. If a person
14has a conviction, suspension or revocation for any offense that is counted under s.
15343.307 (1), that conviction, suspension or revocation shall count as a prior
16conviction, suspension or revocation under this subdivision.
SB379,3,2117
2. Except as provided in subd. 4., for the first conviction, the court shall revoke
18the person's operating privilege for not less than one year nor more than 18 months.
19After the first 60 days of the revocation period, the person is eligible for an
20occupational license under s. 343.10 if he or she has completed the assessment and
21is complying with the driver safety plan ordered under par. (c).
SB379,4,222
3. Except as provided in subd. 4., if the number of convictions, suspensions and
23revocations within a 10-year period equals 2 or more, the court shall revoke the
24person's operating privilege for not less than 2 years nor more than 3 years. After
25the first 90 days of the revocation period, the person is eligible for an occupational
1license under s. 343.10 if he or she has completed the assessment and is complying
2with the driver safety plan ordered under par. (c).
SB379,4,63
4. If there was a minor passenger under 16 years of age in the motor vehicle
4at the time of the violation that gave rise to the conviction under s. 346.63 (1) or a
5local ordinance in conformity with s. 346.63 (1), the applicable minimum and
6maximum revocation periods under subd. 2. or 3. for the conviction are doubled.
SB379,4,97
5. The 10-year period under this paragraph shall be measured from the dates
8of the refusals or violations which resulted in the suspensions, revocations or
9convictions.
SB379, s. 4
10Section
4. 343.305 (10) (b) 3. of the statutes is amended to read:
SB379,4,1611
343.305
(10) (b) 3. Except as provided in subd. 4m., if the number of convictions,
12suspensions and revocations in a 5-year period equals 2, the court shall revoke the
13person's operating privilege for
not less than 2 years
nor more than 3 years. After
14the first 90 days of the revocation period, the person is eligible for an occupational
15license under s. 343.10 if he or she has completed the assessment and is complying
16with the driver safety plan.
SB379, s. 5
17Section
5. 343.305 (10) (em) of the statutes is amended to read:
SB379,5,318
343.305
(10) (em) One penalty for improperly refusing to submit to a test for
19intoxication regarding a person arrested for a violation of s. 346.63 (2m) or (7) or a
20local ordinance in conformity therewith is revocation of the person's operating
21privilege for 6 months. If there was a minor passenger under 16 years of age in the
22motor vehicle at the time of the incident that gave rise to the improper refusal, the
23revocation period is 12 months. After the first 15 days of the revocation period, the
24person is eligible for an occupational license under s. 343.10. Any such improper
25refusal or revocation for the refusal does not count as a prior refusal or a prior
1revocation under this section or ss. 343.30 (1q), 343.307 and 346.65 (2)
and (2bg). The
2person shall not be required to submit to and comply with any assessment or driver
3safety plan under pars. (c) and (d).
SB379, s. 6
4Section
6. 343.307 (1) (intro.) of the statutes is amended to read:
SB379,5,75
343.307
(1) (intro.) The court shall count the following to determine the length
6of a revocation or suspension under s. 343.30 (1q) (b)
or (bm) and to determine the
7penalty under s. 346.65 (2)
or (2bg):
SB379, s. 7
8Section
7. 343.307 (3) of the statutes is amended to read:
SB379,5,159
343.307
(3) If the same elements of the offense must be proven under a local
10ordinance or under a law of a federally recognized American Indian tribe or band in
11this state as under s. 346.63 (1) (a) or (b) or both, or s. 346.63 (5), the local ordinance
12or the law of a federally recognized American Indian tribe or band in this state shall
13be considered to be in conformity with s. 346.63 (1) (a) or (b) or both, or s. 346.63 (5),
14for purposes of ss. 343.30 (1q) (b) 1.
and (bm) 1., 343.305 (10) (b) 1. and 346.65 (2)
,
15(2bg) and (2j).
SB379, s. 8
16Section
8. 343.31 (3) (bm) (intro.) of the statutes is amended to read:
SB379,5,1917
343.31
(3) (bm) (intro.) For any person convicted under a law of a federally
18recognized American Indian tribe or band in this state in conformity with s. 346.63
19(1)
whose alcohol concentration is less than 0.18:
SB379, s. 9
20Section
9. 343.31 (3) (br) of the statutes is created to read:
SB379,5,2321
343.31
(3) (br) For any person convicted under a law of a federally recognized
22American Indian tribe or band in this state in conformity with s. 346.63 (1) whose
23alcohol concentration is 0.18 or greater:
SB379,6,524
1. The department shall suspend or revoke the person's operating privilege
25under this paragraph according to the number of previous suspensions, revocations
1or convictions that would be counted under s. 343.307 (1). Suspensions, revocations
2and convictions arising out of the same incident shall be counted as one. If a person
3has a conviction, suspension or revocation for any offense that is counted under s.
4343.307 (1), that conviction, suspension or revocation shall count as a prior
5conviction, suspension or revocation under this subdivision.
SB379,6,126
2. Except as provided in subd. 4., for the first conviction, the department shall
7revoke the person's operating privilege for not less than one year nor more than 18
8months. If an Indian tribal court in this state revokes the person's privilege to
9operate a motor vehicle on tribal lands for not less than one year nor more than 18
10months for the conviction specified in par. (br) (intro.), the department shall impose
11the same period of revocation. After the first 60 days of the revocation period, the
12person is eligible for an occupational license under s. 343.10.
