LRB-2805/1
PJH:wlj:cph
2003 - 2004 LEGISLATURE
June 4, 2003 - Printed by direction of Senate Chief Clerk.
AB88-engrossed,1,10
1An Act to repeal 340.01 (46m) (b), 885.235 (1g) (a) 2., 885.235 (1g) (bd) and
2885.235 (1g) (cd);
to renumber 885.235 (1g) (a) 1.; and
to amend 23.33 (4c) (a)
32., 23.33 (4c) (a) 3., 23.33 (4c) (b) 2., 23.33 (4c) (b) 4., 30.681 (1) (b) 1., 30.681 (1)
4(bn), 30.681 (2) (b) 1., 30.681 (2) (d) 1., 165.755 (1) (b), 302.46 (1) (a), 340.01
5(46m) (a), 343.23 (2) (b), 343.31 (1) (ar), 346.63 (2m), 346.63 (5) (a), 346.63 (6)
6(a), 350.101 (1) (b), 350.101 (1) (c), 350.101 (2) (b), 350.101 (2) (d), 757.05 (1) (a),
7814.63 (1) (c), 814.63 (2), 814.634 (1) (a), 814.635 (1), 814.65 (1), 885.235 (1g) (b),
8885.235 (1g) (c), 885.235 (1m), 940.09 (1) (bm), 940.09 (1) (e), 940.09 (1g) (b),
9940.09 (1g) (d), 940.25 (1) (bm), 940.25 (1) (e), 949.08 (2) (em) and 967.055 (1)
10(b) of the statutes;
relating to: prohibited alcohol concentration.
Analysis by the Legislative Reference Bureau
Engrossment information:
The text of Engrossed 2003 Assembly Bill 88 consists of the bill, as affected by
the following documents adopted in the assembly on May 29, 2003: the bill as
affected by Assembly Amendment 1.
Content of Engrossed 2003 Assembly Bill 88:
Under current law, a person may not operate a motor vehicle if he or she has
an alcohol concentration of 0.1 or more. If a person has two convictions relating to
operating a motor vehicle with a prohibited alcohol concentration, he or she may not
operate a motor vehicle if he or she has an alcohol concentration of 0.08 or more. If
a person has three or more convictions relating to operating a motor vehicle with a
prohibited alcohol concentration, he or she may not operate a motor vehicle if he or
she has an alcohol concentration of 0.02 or more.
Under current law, a person may not operate an all-terrain vehicle, a
snowmobile, or a boat if he or she has an alcohol concentration of 0.1 or more.
Current law requires a person who is convicted of operating a motor vehicle
with a prohibited alcohol concentration to pay various court costs and fees in addition
to the fine or forfeiture imposed for the violation. Also under current law the
Department of Transportation (DOT) maintains, permanently, a record of the
person's violation as a part of his or her driving record.
This bill changes the prohibited alcohol concentration from 0.1 to 0.08 for a
person with one or no prior convictions relating to operating a motor vehicle with a
prohibited alcohol concentration and from 0.1 to 0.08 for a person operating an all-
terrain vehicle, a snowmobile, or a boat.
The bill eliminates the various additional court costs and fees for a person who
violates, for the first time, the prohibition against operating a motor vehicle with a
prohibited alcohol concentration if the person's alcohol concentration was between
0.08 and 0.099 at the time of the violation.
The bill also requires DOT to purge, after ten years, a person's driving record
of a first violation for operating a motor vehicle with a prohibited alcohol
concentration if the person had an alcohol concentration between 0.08 and 0.099 at
the time of the violation and if the person is not convicted of another violation related
to operating a motor vehicle while intoxicated.
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:
AB88-engrossed,2,42
23.33
(4c) (a) 2. `Operating with alcohol concentrations at or above specified
3levels.' No person may engage in the operation of an all-terrain vehicle while the
4person has an alcohol concentration of
0.1 0.08 or more.
AB88-engrossed,3,4
123.33
(4c) (a) 3. `Operating with alcohol concentrations at specified levels;
2below age 19.' If a person has not attained the age of 19, the person may not engage
3in the operation of an all-terrain vehicle while he or she has an alcohol concentration
4of more than 0.0 but not more than
0.1 0.08.
AB88-engrossed,3,86
23.33
(4c) (b) 2. `Causing injury with alcohol concentrations at or above
7specified levels.' No person who has an alcohol concentration of
0.1 0.08 or more may
8cause injury to another person by the operation of an all-terrain vehicle.
AB88-engrossed,3,1410
23.33
(4c) (b) 4. `Defenses.' In an action under this paragraph, the defendant
11has a defense if he or she proves by a preponderance of the evidence that the injury
12would have occurred even if he or she had been exercising due care and he or she had
13not been under the influence of an intoxicant or did not have an alcohol concentration
14of
0.1 0.08 or more.
AB88-engrossed,3,1816
30.681
(1) (b) 1. No person may engage in the operation of a motorboat while
17the person has an alcohol concentration of
0.1 0.08 or more. This subdivision does
18not apply to commercial motorboats.
AB88-engrossed,3,2320
30.681
(1) (bn)
Operating with alcohol concentrations at specified levels; below
21legal drinking age. A person who has not attained the legal drinking age, as defined
22in s. 125.02 (8m), may not engage in the operation of a motorboat while he or she has
23a blood alcohol concentration of more than 0.0 but less than
0.1 0.08.
AB88-engrossed,4,3
130.681
(2) (b) 1. No person who has an alcohol concentration of
0.1 0.08 or more
2may cause injury to another person by the operation of a motorboat. This subdivision
3does not apply to commercial motorboats.
AB88-engrossed,4,105
30.681
(2) (d) 1. In an action under this subsection for a violation of the
6intoxicated boating law where the defendant was operating a motorboat that is not
7a commercial motorboat, the defendant has a defense if he or she proves by a
8preponderance of the evidence that the injury would have occurred even if he or she
9had been exercising due care and he or she had not been under the influence of an
10intoxicant or did not have an alcohol concentration of
0.1 0.08 or more.
AB88-engrossed,4,1812
165.755
(1) (b) A court may not impose the crime laboratories and drug law
13enforcement assessment under par. (a) for a violation of s. 101.123 (2) (a), (am) 1.,
14(ar), (bm), or (br) or (5) (b)
, for a first violation of s. 23.33 (4c) (a) 2., 30.681 (1) (b) 1.,
15346.63 (1) (b), or 350.101 (1) (b), if the person who committed the violation had a blood
16alcohol concentration between 0.08 and 0.099 at the time of the violation, or for a
17violation of a state law or municipal or county ordinance involving a nonmoving
18traffic violation or a safety belt use violation under s. 347.48 (2m).
AB88-engrossed,5,620
302.46
(1) (a) On or after October 1, 1987, if a court imposes a fine or forfeiture
21for a violation of state law or for a violation of a municipal or county ordinance except
22for a violation of s. 101.123 (2) (a), (am) 1., (ar), (bm), or (br) or (5)
, or for a first
23violation of s. 23.33 (4c) (a) 2., 30.681 (1) (b) 1., 346.63 (1) (b), or 350.101 (1) (b), if the
24person who committed the violation had a blood alcohol concentration between 0.08
25and 0.099 at the time of the violation, or
for a violation of state laws or municipal or
1county ordinances involving nonmoving traffic violations or safety belt use violations
2under s. 347.48 (2m), the court, in addition, shall impose a jail assessment in an
3amount of 1% of the fine or forfeiture imposed or $10, whichever is greater. If
4multiple offenses are involved, the court shall determine the jail assessment on the
5basis of each fine or forfeiture. If a fine or forfeiture is suspended in whole or in part,
6the court shall reduce the jail assessment in proportion to the suspension.
AB88-engrossed,5,108
340.01
(46m) (a) If the person has
one or no 2 or fewer prior convictions,
9suspensions
, or revocations, as counted under s. 343.307 (1), an alcohol
10concentration of
0.1 0.08 or more.
AB88-engrossed,6,1013
343.23
(2) (b) The information specified in par. (a) must be filed by the
14department so that the complete operator's record is available for the use of the
15secretary in determining whether operating privileges of such person shall be
16suspended, revoked, canceled, or withheld in the interest of public safety. The record
17of suspensions, revocations, and convictions that would be counted under s. 343.307
18(2) shall be maintained permanently
, except that the department shall purge the
19record of a first violation of s. 23.33 (4c) (a) 2., 30.681 (1) (b) 1., 346.63 (1) (b), or
20350.101 (1) (b) after 10 years, if the person who committed the violation had a blood
21alcohol concentration between 0.08 and 0.099 at the time of the violation, if the
22person does not have a commercial driver license, and if the person has no other
23suspension, revocation, or conviction that would be counted under s. 343.307 during
24that 10-year period. The record of convictions for disqualifying offenses under s.
25343.315 (2) (h) shall be maintained for at least 10 years. The record of convictions
1for disqualifying offenses under s. 343.315 (2) (f) and (j) shall be maintained for at
2least 3 years. The record of convictions for disqualifying offenses under s. 343.315
3(2) (a) to (e) shall be maintained permanently, except that 5 years after a licensee
4transfers residency to another state such record may be transferred to another state
5of licensure of the licensee if that state accepts responsibility for maintaining a
6permanent record of convictions for disqualifying offenses. Such reports and records
7may be cumulative beyond the period for which a license is granted, but the secretary,
8in exercising the power of suspension granted under s. 343.32 (2) may consider only
9those reports and records entered during the 4-year period immediately preceding
10the exercise of such power of suspension.
AB88-engrossed,6,1412
343.31
(1) (ar) Injury by the operation of a commercial motor vehicle while the
13person has an alcohol concentration of 0.04 or more but less than
0.1 0.08 and which
14is criminal under s. 346.63 (6).
AB88-engrossed,6,2316
346.63
(2m) If a person has not attained the legal drinking age, as defined in
17s. 125.02 (8m), the person may not drive or operate a motor vehicle while he or she
18has an alcohol concentration of more than 0.0 but not more than
0.1 0.08. One
19penalty for violation of this subsection is suspension of a person's operating privilege
20under s. 343.30 (1p). The person is eligible for an occupational license under s. 343.10
21at any time. If a person arrested for a violation of this subsection refuses to take a
22test under s. 343.305, the refusal is a separate violation and the person is subject to
23revocation of the person's operating privilege under s. 343.305 (10) (em).
AB88-engrossed,7,2
1346.63
(5) (a) No person may drive or operate a commercial motor vehicle while
2the person has an alcohol concentration of 0.04 or more but less than
0.1 0.08.
