This bill eliminates the requirements that DOT retain or purge certain
OWI-related records, but forbids courts to count, for the purposes of determining a

penalty, any OWI-related offense that occurred more than ten years before the
current offense so long as the offense does not involve causing serious bodily injury
or death to another person or the person has not committed a third OWI-related
offense.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB734, s. 1 1Section 1. 343.23 (2) (b) of the statutes is amended to read:
AB734,3,62 343.23 (2) (b) The information specified in pars. (a) and (am) must be filed by
3the department so that the complete operator's record is available for the use of the
4secretary in determining whether operating privileges of such person shall be
5suspended, revoked, canceled, or withheld, or the person disqualified, in the interest
6of public safety. The record of suspensions, revocations, and convictions that would
7be counted under s. 343.307 (2) shall be maintained permanently, except that the
8department shall purge the record of a first violation of s. 23.33 (4c) (a) 2., 30.681 (1)
9(b) 1., 346.63 (1) (b), or 350.101 (1) (b) after 10 years, if the person who committed the
10violation had a blood alcohol concentration of 0.08 or more but less than 0.1 at the
11time of the violation, if the person does not have a commercial driver license, if the
12violation was not committed by a person operating a commercial motor vehicle, and
13if the person has no other suspension, revocation, or conviction that would be counted
14under s. 343.307 during that 10-year period.
The record of convictions for
15disqualifying offenses under s. 343.315 (2) (h) shall be maintained for at least 10
16years. The record of convictions for disqualifying offenses under s. 343.315 (2) (f) and
17(j), and all records specified in par. (am), shall be maintained for at least 3 years. The
18record of convictions for disqualifying offenses under s. 343.315 (2) (a) to (e) shall be
19maintained permanently, except that 5 years after a licensee transfers residency to
20another state such record may be transferred to another state of licensure of the

1licensee if that state accepts responsibility for maintaining a permanent record of
2convictions for disqualifying offenses. Such reports and records may be cumulative
3beyond the period for which a license is granted, but the secretary, in exercising the
4power of suspension granted under s. 343.32 (2) may consider only those reports and
5records entered during the 4-year period immediately preceding the exercise of such
6power of suspension.
AB734, s. 2 7Section 2. 343.305 (10) (b) 1. of the statutes is amended to read:
AB734,3,198 343.305 (10) (b) 1. Except as provided in subds. 3. and 4., the The court shall
9revoke the person's operating privilege under this paragraph according to the
10number of previous suspensions, revocations, or convictions committed on or after
11January 1, 1989,
that would be counted under s. 343.307 (2) (a) to (g), plus the
12number of previous convictions under s. 940.09 (1) or 940.25
. Suspensions,
13revocations, and convictions arising out of the same incident shall be counted as one.
14If a person has a conviction, suspension, or revocation for any offense that is counted
15under s. 343.307 (2), that conviction, suspension, or revocation shall count as a prior
16conviction, suspension, or revocation under this subdivision if the offense occurred
17within 10 years of any other offense, if the offense followed any 10-year period during
18which the person was convicted of 2 or more offenses that could be counted under s.
19343.307 (2), or if the offense followed a conviction under s. 940.09 or 940.25
.
AB734, s. 3 20Section 3. 343.305 (10) (b) 2. of the statutes is amended to read:
AB734,3,2421 343.305 (10) (b) 2. Except as provided in subd. 3., 4. or 4m., for the first
22improper refusal,
the court shall revoke the person's operating privilege for one year.
23After the first 30 days of the revocation period, the person is eligible for an
24occupational license under s. 343.10.
AB734, s. 4 25Section 4. 343.305 (10) (b) 3. of the statutes is amended to read:
AB734,4,11
1343.305 (10) (b) 3. Except as provided in subd. 4m., if If the number of previous
2suspensions, revocations, or
convictions counted under ss. 940.09 (1) and 940.25 in
3the person's lifetime, plus the total number of other convictions, suspensions, and
4revocations counted under s. 343.307 (2)
subd. 1. within a 10-year period, equals 2,
5the court shall revoke the person's operating privilege for 2 years , unless a longer
6period of revocation is required under subd. 4m
. After the first 90 days of the
7revocation period or, if the total number of convictions, suspensions, and revocations
8counted under this subdivision within any 5-year period equals 2 or more, after one
9year of the revocation period has elapsed, the person is eligible for an occupational
10license under s. 343.10 if he or she has completed the assessment and is complying
11with the driver safety plan.
AB734, s. 5 12Section 5. 343.305 (10) (b) 4. of the statutes is amended to read:
AB734,4,2313 343.305 (10) (b) 4. Except as provided in subd. 4m., if If the number of previous
14suspensions, revocations, or
convictions counted under ss. 940.09 (1) and 940.25 in
15the person's lifetime, plus the total number of other convictions, suspensions, and
16revocations counted under s. 343.307 (2),
subd. 1. equals 3 or more, the court shall
17revoke the person's operating privilege for 3 years, unless a longer period of
18revocation is required under subd. 4m
. After the first 120 days of the revocation
19period or, if the total number of convictions, suspensions, and revocations counted
20under this subdivision within any 5-year period equals 2 or more, after one year of
21the revocation period has elapsed, the person is eligible for an occupational license
22under s. 343.10 if he or she has completed the assessment and is complying with the
23driver safety plan.
AB734, s. 6 24Section 6. 343.307 (1) (c) of the statutes is amended to read:
AB734,5,2
1343.307 (1) (c) Convictions for violations under s. 346.63 (2) or 940.25, or s.
2940.09 where the offense involved the use of a vehicle
.
AB734, s. 7 3Section 7. 343.307 (1) (g) of the statutes is created to read:
AB734,5,54 343.307 (1) (g) Convictions for violations under s. 940.25, or s. 940.09 where
5the offense involved the use of a vehicle.
AB734, s. 8 6Section 8. 346.65 (2) (am) 2. of the statutes is amended to read:
AB734,5,137 346.65 (2) (am) 2. Except as provided in pars. (bm) and (f), shall be fined not
8less than $350 nor more than $1,100 and imprisoned for not less than 5 days nor more
9than 6 months if the number of convictions under ss. 940.09 (1) and 940.25 in the
10person's lifetime, plus the total number of suspensions, revocations, and other
11convictions counted under s. 343.307 (1) within a 10-year period,
occurrences
12counted under sub. (2d)
equals 2, except that suspensions, revocations, or convictions
13arising out of the same incident or occurrence shall be counted as one
.
AB734, s. 9 14Section 9. 346.65 (2) (am) 3. of the statutes is amended to read:
AB734,5,2115 346.65 (2) (am) 3. Except as provided in pars. (cm), (f), and (g), shall be fined
16not less than $600 nor more than $2,000 and imprisoned for not less than 30 days
17nor more than one year in the county jail if the number of convictions under ss. 940.09
18(1) and 940.25 in the person's lifetime, plus the total number of suspensions,
19revocations, and other convictions counted under s. 343.307 (1),
occurrences counted
20under sub. (2d)
equals 3, except that suspensions, revocations, or convictions arising
21out of the same incident or occurrence shall be counted as one
.
AB734, s. 10 22Section 10. 346.65 (2) (am) 4. of the statutes is amended to read:
AB734,6,423 346.65 (2) (am) 4. Except as provided in pars. (f) and (g), shall be fined not less
24than $600 nor more than $2,000 and imprisoned for not less than 60 days nor more
25than one year in the county jail if the number of convictions under ss. 940.09 (1) and

1940.25 in the person's lifetime, plus the total number of suspensions, revocations and
2other convictions counted under s. 343.307 (1),
occurrences counted under sub. (2d)
3equals 4, except that suspensions, revocations or convictions arising out of the same
4incident or occurrence shall be counted as one
.
AB734, s. 11 5Section 11. 346.65 (2) (am) 5. of the statutes is amended to read:
AB734,6,126 346.65 (2) (am) 5. Except as provided in pars. (f) and (g), is guilty of a Class H
7felony and shall be fined not less than $600 and imprisoned for not less than 6 months
8if the number of convictions under ss. 940.09 (1) and 940.25 in the person's lifetime,
9plus the total number of suspensions, revocations and other convictions counted
10under s. 343.307 (1),
occurrences counted under sub. (2d) equals 5 or more, except
11that suspensions, revocations or convictions arising out of the same incident or
12occurrence shall be counted as one
.
AB734, s. 12 13Section 12. 346.65 (2c) of the statutes is amended to read:
AB734,6,1914 346.65 (2c) In sub. (2) (am) 2., 3., 4., and 5. (2d), the time period shall be
15measured from the dates of the refusals or violations that resulted in the revocation
16or convictions. If a person has a suspension, revocation, or conviction for any offense
17under a local ordinance or a state statute of another state that would be counted
18under s. 343.307 (1), that suspension, revocation, or conviction shall count as a prior
19suspension, revocation, or conviction under sub. (2) (am) 2., 3., 4., and 5. (2d).
AB734, s. 13 20Section 13. 346.65 (2d) of the statutes is created to read:
AB734,7,221 346.65 (2d) (a) When counting occurrences under sub. (2) (am) 2. to 5., the court
22shall count the current offense and prior offenses, but may not count any suspension,
23revocation, or conviction described in s. 343.307 (1) (a) to (f) that occurred before
24January 1, 1989, or that did not occur within 10 years of any other suspension,
25revocation, or conviction that is described in s. 343.307 (1), except that the court shall

1count all suspensions, revocations, or convictions that are described in s. 343.307 (1)
2after either of the following:
AB734,7,33 1. The person was convicted under s. 940.09 (1) or 940.25.
AB734,7,64 2. The person has received a suspension or revocation for, or has been convicted
5of, 2 offenses that are described in s. 343.307 (1) (a) to (f) within a 10-year period and
6were committed on or after January 1, 1989.
AB734,7,87 (b) The court shall count any suspensions, revocations, or convictions arising
8out of the same incident or occurrence as one.
AB734, s. 14 9Section 14. Initial applicability.
AB734,7,1110 (1) This act first applies to offenses committed on the effective date of this
11subsection.
AB734, s. 15 12Section 15. Effective date.
AB734,7,1313 (1) This act takes effect on September 30, 2007.
AB734,7,1414 (End)
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