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.

AB88-engrossed,7,64 346.63 (6) (a) No person may cause injury to another person by the operation
5of a commercial motor vehicle while the person has an alcohol concentration of 0.04
6or more but less than 0.1 0.08.

AB88-engrossed,7,108 350.101 (1) (b) Operating with alcohol concentrations at or above specified
9levels. No person may engage in the operation of a snowmobile while the person has
10an alcohol concentration of 0.1 0.08 or more.

AB88-engrossed,7,1512 350.101 (1) (c) Operating with alcohol concentrations at specified levels; below
13age 19. If a person has not attained the age of 19, the person may not engage in the
14operation of a snowmobile while he or she has an alcohol concentration of more than
150.0 but not more than 0.1 0.08.

AB88-engrossed,7,1917 350.101 (2) (b) Causing injury with alcohol concentrations at or above specified
18levels. No person who has an alcohol concentration of 0.1 0.08 or more may cause
19injury to another person by the operation of a snowmobile.

AB88-engrossed,7,2521 350.101 (2) (d) Defenses. In an action under this subsection, the defendant has
22a defense if he or she proves by a preponderance of the evidence that the injury would
23have occurred even if he or she had been exercising due care and he or she had not
24been under the influence of an intoxicant or did not have an alcohol concentration
25of 0.1 0.08 or more.

AB88-engrossed,8,132 757.05 (1) (a) Whenever a court imposes a fine or forfeiture for a violation of
3state law or for a violation of a municipal or county ordinance except for a violation
4of s. 101.123 (2) (a), (am) 1., (ar), (bm), or (br) or (5), or for a first violation of s. 23.33
5(4c) (a) 2., 30.681 (1) (b) 1., 346.63 (1) (b), or 350.101 (1) (b), if the person who
6committed the violation had a blood alcohol concentration between 0.08 and 0.099
7at the time of the violation, or for a violation of state laws or municipal or county
8ordinances involving nonmoving traffic violations or safety belt use violations under
9s. 347.48 (2m), there shall be imposed in addition a penalty assessment in an amount
10of 24% of the fine or forfeiture imposed. If multiple offenses are involved, the penalty
11assessment shall be based upon the total fine or forfeiture for all offenses. When a
12fine or forfeiture is suspended in whole or in part, the penalty assessment shall be
13reduced in proportion to the suspension.

AB88-engrossed,8,1915 814.63 (1) (c) This subsection does not apply to an action for a violation of s.
16101.123 (2) (a), (am) 1., (ar), (bm), or (br) or (5), for a first violation of s. 23.33 (4c) (a)
172., 30.681 (1) (b) 1., 346.63 (1) (b), or 350.101 (1) (b), if the person who committed the
18violation had a blood alcohol concentration between 0.08 and 0.099 at the time of the
19violation, or for a violation of a safety belt use violation under s. 347.48 (2m).

AB88-engrossed,9,421 814.63 (2) Upon the disposition of a forfeiture action in circuit court for
22violation of a county, town, city, village, town sanitary district or public inland lake
23protection and rehabilitation district ordinance, except for an action for a first
24violation of s. 23.33 (4c) (a) 2., 30.681 (1) (b) 1., 346.63 (1) (b), or 350.101 (1) (b), if the
25person who committed the violation had a blood alcohol concentration between 0.08

---

1and 0.099 at the time of the violation, or for a safety belt use violation under s. 347.48
2(2m), the county, town, city, village, town sanitary district or public inland lake
3protection and rehabilitation district shall pay a nonrefundable fee of $5 to the clerk
4of circuit court.

AB88-engrossed,9,126 814.634 (1) (a) Except for an action for a first violation of s. 23.33 (4c) (a) 2.,
730.681 (1) (b) 1., 346.63 (1) (b), or 350.101 (1) (b), if the person who committed the
8violation had a blood alcohol concentration between 0.08 and 0.099 at the time of the
9violation, or for a safety belt use violation under s. 347.48 (2m), the clerk of circuit
10court shall charge and collect a $52 court support services fee from any person,
11including any governmental unit as defined in s. 108.02 (17), paying a fee under s.
12814.61 (1) (a), (3), or (8) (am) or 814.63 (1).

AB88-engrossed,9,2114 814.635 (1) Except for an action for a first violation of s. 23.33 (4c) (a) 2., 30.681
15(1) (b) 1., 346.63 (1) (b), or 350.101 (1) (b), if the person who committed the violation
16had a blood alcohol concentration between 0.08 and 0.099 at the time of the violation,
17or for a safety belt use violation under s. 347.48 (2m), the clerk of circuit court shall
18charge and collect a $9 justice information system fee from any person, including any
19governmental unit as defined in s. 108.02 (17), paying a fee under s. 814.61 (1) (a),
20(3) or (8) (am), 814.62 (1), (2) or (3) (a) or (b) or 814.63 (1). The justice information
21system fee is in addition to the other fees listed in this section.

AB88-engrossed,9,2523 814.65 (1) Court costs. In a municipal court action, except for an action for
24a first violation of s. 23.33 (4c) (a) 2., 30.681 (1) (b) 1., 346.63 (1) (b), or 350.101 (1)
25(b), if the person who committed the violation had a blood alcohol concentration

---

1between 0.08 and 0.099 at the time of the violation, or for a violation of an ordinance
2in conformity with s. 347.48 (2m), the municipal judge shall collect a fee of not less
3than $15 nor more than $23 on each separate matter, whether it is on default of
4appearance, a plea of guilty or no contest, on issuance of a warrant or summons or
5the action is tried as a contested matter. Of each fee received by the judge under this
6subsection, the municipal treasurer shall pay monthly $5 to the state treasurer for
7deposit in the general fund and shall retain the balance for the use of the
8municipality.

AB88-engrossed,10,1612 885.235 (1g) (b) Except with respect to the operation of a commercial motor
13vehicle as provided in par. (d), the fact that the analysis shows that the person had
14an alcohol concentration of more than 0.04 but less than 0.1 0.08 is relevant evidence
15on the issue of intoxication or an alcohol concentration of 0.1 0.08 or more but is not
16to be given any prima facie effect.

AB88-engrossed,10,2419 885.235 (1g) (c) The In cases involving persons who have 2 or fewer prior
20convictions, suspensions, or revocations, as counted under s. 343.307 (1), the fact
21that the analysis shows that the person had an alcohol concentration of 0.1 0.08 or
22more is prima facie evidence that he or she was under the influence of an intoxicant
23and is prima facie evidence that he or she had an alcohol concentration of 0.1 0.08
24or more.

AB88-engrossed,11,132 885.235 (1m) In any action under s. 23.33 (4c) (a) 3., 30.681 (1) (bn), 346.63 (2m)
3or (7), or 350.101 (1) (c), evidence of the amount of alcohol in the person's blood at the
4time in question, as shown by chemical analysis of a sample of the person's blood or
5urine or evidence of the amount of alcohol in the person's breath, is admissible on the
6issue of whether he or she had an alcohol concentration in the range specified in s.
723.33 (4c) (a) 3., 30.681 (1) (bn), 346.63 (2m), or 350.101 (1) (c) or an alcohol
8concentration above 0.0 under s. 346.63 (7) if the sample was taken within 3 hours
9after the event to be proved. The fact that the analysis shows that the person had
10an alcohol concentration of more than 0.0 but not more than 0.1 0.08 is prima facie
11evidence that the person had an alcohol concentration in the range specified in s.
1223.33 (4c) (a) 3., 30.681 (1) (bn), 346.63 (2m), or 350.101 (1) (c) or an alcohol
13concentration above 0.0 under s. 346.63 (7).

AB88-engrossed,11,1715 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.

AB88-engrossed,11,2119 940.09 (1) (e) Causes the death of an unborn child by the operation of a
20commercial motor vehicle while the person has an alcohol concentration of 0.04 or
21more but less than 0.1 0.08.

AB88-engrossed,11,2423 940.09 (1g) (b) Causes the death of another by the operation or handling of a
24firearm or airgun while the person has an alcohol concentration of 0.1 0.08 or more.

AB88-engrossed,12,3

---

1940.09 (1g) (d) Causes the death of an unborn child by the operation or
2handling of a firearm or airgun while the person has an alcohol concentration of 0.1
30.08 or more.

AB88-engrossed,12,75 940.25 (1) (bm) Causes great bodily harm to another human being by the
6operation of a commercial motor vehicle while the person has an alcohol
7concentration of 0.04 or more but less than 0.1 0.08.

AB88-engrossed,12,119 940.25 (1) (e) Causes great bodily harm to an unborn child by the operation of
10a commercial motor vehicle while the person has an alcohol concentration of 0.04 or
11more but less than 0.1 0.08.