AB283,8,3

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1343.10 (2) (a) (intro.) Except as provided in pars. (b) to (f), and subject to s.
2343.165 (5), a person is eligible for an occupational license if the following conditions
3are satisfied:

AB283,8,105 343.10 (2) (f) If the court orders under s. 343.301 (1) that the person's operating
6privilege for the operation of "Class D" vehicles be restricted to operating vehicles
7that are equipped with an ignition interlock device, no occupational license may be
8granted until the person pays the surcharge under s. 343.301 (5) and submits proof
9that an ignition interlock device has been installed in each motor vehicle for which
10the person's name appears on the vehicle's certificate of title or registration.

AB283,9,512 343.10 (5) (a) 3. If the applicant has 2 or more prior convictions, suspensions,
13or revocations, as counted under s. 343.307 (1), the The occupational license of the
14applicant shall restrict the applicant's operation under the occupational license to
15vehicles that are equipped with a functioning ignition interlock device if the court
16has ordered under s. 343.301 (1) (a) 1. or 2. that the person's operating privilege for
17Class D vehicles be restricted to operating vehicles that are equipped with an
18ignition interlock device or has ordered under s. 346.65 (6) (a) 1., 1999 stats., that the
19motor vehicle owned by the person and used in the violation or improper refusal be
20equipped with an ignition interlock device. A person to whom a restriction under this
21subdivision applies violates that restriction if he or she removes or disconnects an
22ignition interlock device, requests or permits another to blow into an ignition
23interlock device or to start a motor vehicle equipped with an ignition interlock device
24for the purpose of providing the person an operable motor vehicle without the
25necessity of first submitting a sample of his or her breath to analysis by the ignition

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1interlock device. If, or otherwise tampers with or circumvents the operation of the
2ignition interlock device. Except as provided in s. 343.301 (3) (b), if the occupational
3license restricts the applicant's operation to a vehicle that is equipped with an
4ignition interlock device, the applicant shall be liable for the reasonable costs of
5equipping the vehicle with the ignition interlock device.

AB283,9,257 343.23 (2) (b) The information specified in pars. (a) and (am) must be filed by
8the department so that the complete operator's record is available for the use of the
9secretary in determining whether operating privileges of such person shall be
10suspended, revoked, canceled, or withheld, or the person disqualified, in the interest
11of public safety. The record of suspensions, revocations, and convictions that would
12be counted under s. 343.307 (2) shall be maintained permanently, except that the
13department shall purge the record of a first violation of s. 23.33 (4c) (a) 2., 30.681 (1)
14(b) 1., 346.63 (1) (b), or 350.101 (1) (b) after 10 years, if the person who committed the
15violation had a blood alcohol concentration of 0.08 or more but less than 0.1 at the
16time of the violation, if the person does not have a commercial driver license, if the
17violation was not committed by a person operating a commercial motor vehicle, and
18if the person has no other suspension, revocation, or conviction that would be counted
19under s. 343.307 during that 10-year period. The record of convictions for
20disqualifying offenses under s. 343.315 (2) (h) shall be maintained for at least 10
21years. The record of convictions for disqualifying offenses under s. 343.315 (2) (f) and
22(j), and all records specified in par. (am), shall be maintained for at least 3 years. The
23record of convictions for disqualifying offenses under s. 343.315 (2) (a) to (e) shall be
24maintained permanently, except that 5 years after a licensee transfers residency to
25another state such record may be transferred to another state of licensure of the

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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.

AB283,10,138 343.30 (1q) (b) 5. The time period under this paragraph shall be measured from
9the dates of the refusals or violations which resulted in the suspensions, revocations
10or convictions, except that the time period shall be tolled whenever and for as long
11as the person is imprisoned. A person whose revocation period is tolled under this
12subdivision is responsible for notifying the department that he or she has been
13released from prison.

AB283,10,2515 343.30 (1q) (c) 1. (intro.) Except as provided in subd. 1. a. or b., and except for
16a first violation of s. 346.63 (1) (b), if the person who committed the violation had a
17blood alcohol concentration of 0.08 or more but less than 0.1 at the time of the
18violation, the court shall order the person to submit to and comply with an
19assessment by an approved public treatment facility as defined in s. 51.45 (2) (c) for
20examination of the person's use of alcohol, controlled substances or controlled
21substance analogs and development of a driver safety plan for the person. The court
22shall notify the department of transportation of the assessment order. The court
23shall notify the person that noncompliance with assessment or the driver safety plan
24will result in revocation of the person's operating privilege until the person is in
25compliance. The assessment order shall:

AB283,11,3 2343.301 (title) Installation of ignition interlock device or
3immobilization of a motor vehicle.

AB283,11,106 343.301 (1) A court shall order a person's operating privilege for the operation
7of "Class D" vehicles be restricted to operating vehicles that are equipped with an
8ignition interlock device and, except as provided in sub. (1m), shall order that each
9motor vehicle in the person's household operated by the person be equipped with an
10ignition interlock device if either of the following applies:

AB283,11,1111 (a) The person improperly refused to take a test under s. 343.305.

AB283,11,1312 (b) The person violated s. 346.63 (1) or (2), 940.09 (1), or 940.25 and either of
13the following applies:

AB283,11,1514 1. The person had an alcohol concentration of 0.15 or more at the time of the
15offense.

AB283,11,1916 2. The person has a total of one or more prior convictions, suspensions, or
17revocations, counting convictions under ss. 940.09 (1) and 940.25 in the person's
18lifetime and other convictions, suspensions, and revocations counted under s.
19343.307 (1).

AB283,12,622 343.301 (2m) The court may shall restrict the operating privilege restriction
23under par. (a) 1. sub. (1) for a period of not less than one year nor more than the
24maximum operating privilege revocation period permitted for the refusal or
25violation. 2. The court shall order the operating privilege restriction and the

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1installation of an ignition interlock device under par. (a) 2. for a period of not less than
2one year nor more than the maximum operating privilege revocation period
3permitted for the refusal or violation, beginning one year after the operating
4privilege revocation period begins on the date the department issues any license
5granted under this chapter. The court may order the installation of an ignition
6interlock device under sub. (1) immediately upon issuing an order under sub. (1).

AB283,12,119 343.301 (3) (a) If Except as provided in par. (b), if the court enters an order
10under par. (a) sub. (1), the person shall be liable for the reasonable cost of equipping
11and maintaining any ignition interlock device installed on his or her motor vehicle.

AB283,12,2114 343.301 (4) A person to whom an order under par. (a) sub. (1) applies violates
15that order if he or she fails to have an ignition interlock device installed as ordered,
16removes or disconnects an ignition interlock device, requests or permits another to
17blow into an ignition interlock device or to start a motor vehicle equipped with an
18ignition interlock device for the purpose of providing the person an operable motor
19vehicle without the necessity of first submitting a sample of his or her breath to
20analysis by the ignition interlock device, or otherwise tampers with or circumvents
21the operation of the ignition interlock device.

AB283,12,2523 343.301 (1m) If equipping each motor vehicle with an ignition interlock device
24under sub. (1) would cause an undue financial hardship, the court may order that one
25or more vehicles described sub. (1) not be equipped with an ignition interlock device.

AB283,13,93 343.301 (3) (b) If the court finds that the person who is subject to an order under
4sub. (1) has a household income that is at or below 150 percent of the nonfarm federal
5poverty line for the continental United States, as defined by the federal department
6of labor under 42 USC 9902 (2), the court shall limit the person's liability under par.
7(a) to one-half of the cost of equipping each motor vehicle with an ignition interlock
8device and one-half of the cost per day per vehicle of maintaining the ignition
9interlock device.

AB283,13,1511 343.301 (5) If the court enters an order under sub. (1), the court shall impose
12and the person shall pay to the court an interlock surcharge of $50. The court shall
13transmit the surcharge to the county treasurer for the county in which the order is
14entered. The county treasurer shall retain $40 of each surcharge and make payment
15of the remaining $10 to the department.

AB283,13,2217 343.305 (10) (b) 5. The time period under this paragraph shall be measured
18from the dates of the refusals or violations which resulted in revocations or
19convictions, except that the time period shall be tolled whenever and for as long as
20the person is imprisoned. A person whose revocation period is tolled under this
21subdivision is responsible for notifying the department that he or she has been
22released from prison.

AB283,14,3

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1343.305 (10m) Refusals; ignition interlock of a motor vehicle. The
2requirements and procedures for installation of an ignition interlock device under s.
3343.301 apply when an operating privilege is revoked under sub (10).

AB283,14,105 343.31 (3) (bm) 5. The time period under this paragraph shall be measured
6from the dates of the refusals or violations which resulted in the suspensions,
7revocations or convictions, except that the time period shall be tolled whenever and
8for as long as the person is imprisoned. A person whose revocation period is tolled
9under this subdivision is responsible for notifying the department that he or she has
10been released from prison.

AB283,14,1812 346.65 (2) (am) 4. Except as provided in subd. 4m. and pars. (f) and (g), shall
13be fined not less than $600 nor more than $2,000 and imprisoned for not less than
1460 days nor more than one year in the county jail if the number of convictions under
15ss. 940.09 (1) and 940.25 in the person's lifetime, plus the total number of
16suspensions, revocations and other convictions counted under s. 343.307 (1), equals
174, except that suspensions, revocations or convictions arising out of the same
18incident or occurrence shall be counted as one.

AB283,15,320 346.65 (2) (am) 4m. Except as provided in pars. (f) and (g), is guilty of a Class
21H felony and shall be fined not less than $600 if the number of convictions under ss.
22940.09 (1) and 940.25 in the person's lifetime, plus the total number of suspensions,
23revocations, and other convictions counted under s. 343.307 (1), equals 4 and the
24person committed an offense that resulted in a suspension, revocation, or other
25conviction counted under s. 343.307 (1) within 5 years prior to the current conviction,

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1except that suspensions, revocations, or convictions arising out of the same incident
2or occurrence shall be counted as one. The confinement portion of a bifurcated
3sentence imposed on the person under s. 973.01 shall be not less than 2 years.

AB283,15,125 346.65 (2) (am) 5. Except as provided in pars. (f) and (g), is guilty of a Class H
6felony and shall be fined not less than $600 and imprisoned for not less than 6 months
7if the number of convictions under ss. 940.09 (1) and 940.25 in the person's lifetime,
8plus the total number of suspensions, revocations and other convictions counted
9under s. 343.307 (1), equals 5 or 6, except that suspensions, revocations or
10convictions arising out of the same incident or occurrence shall be counted as one.
11The confinement portion of a bifurcated sentence imposed on the person under s.
12973.01 shall be not less than 2 years.

AB283,15,2014 346.65 (2) (am) 6. Except as provided in par. (f), is guilty of a Class G felony if
15the number of convictions under ss. 940.09 (1) and 940.25 in the person's lifetime,
16plus the total number of suspensions, revocations, and other convictions counted
17under s. 343.307 (1), equals 7, 8, or 9, except that suspensions, revocations, or
18convictions arising out of the same incident or occurrence shall be counted as one.
19The confinement portion of a bifurcated sentence imposed on the person under s.
20973.01 shall be not less than 3 years.

AB283,16,322 346.65 (2) (am) 7. Except as provided in par. (f), is guilty of a Class F felony if
23the number of convictions under ss. 940.09 (1) and 940.25 in the person's lifetime,
24plus the total number of suspensions, revocations, and other convictions counted
25under s. 343.307 (1), equals 10 or more except that suspensions, revocations, or

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1convictions arising out of the same incident or occurrence shall be counted as one.
2The confinement portion of a bifurcated sentence imposed on the person under s.
3973.01 shall be not less than 4 years.

AB283,16,165 346.65 (2) (bm) In Winnebago County, any county that opts to offer a reduced
6minimum period of imprisonment for the successful completion of a probation period
7that includes alcohol and other drug treatment, if the number of convictions under
8ss. 940.09 (1) and 940.25 in the person's lifetime, plus the total number of
9suspensions, revocations, and other convictions counted under s. 343.307 (1) within
10a 10-year period, equals 2, except that suspensions, revocations, or convictions
11arising out of the same incident or occurrence shall be counted as one, the fine shall
12be the same as under par. (am) 2., but the period of imprisonment shall be not less
13than 5 days, except that if the person successfully completes a period of probation
14that includes alcohol and other drug treatment, the period of imprisonment shall be
15not less than 5 nor more than 7 days. A person may be sentenced under this
16paragraph or under par. (cm) or sub. (2j) (bm) or (cm) or (3r) once in his or her lifetime.

AB283,17,418 346.65 (2) (cm) In Winnebago County any county that opts to offer a reduced
19minimum period of imprisonment for the successful completion of a probation period
20that includes alcohol and other drug treatment, if the number of convictions under
21ss. 940.09 (1) and 940.25 in the person's lifetime, plus the total number of
22suspensions, revocations, and other convictions counted under s. 343.307 (1) within
23a 10-year period, equals 3, except that suspensions, revocations, or convictions
24arising out of the same incident or occurrence shall be counted as one, the fine shall
25be the same as under par. (am) 3., but the period of imprisonment shall be not less

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1than 30 days, except that if the person successfully completes a period of probation
2that includes alcohol and other drug treatment, the period of imprisonment shall be
3not less than 10 days. A person may be sentenced under this paragraph or under par.
4(bm) or sub. (2j) (bm) or (cm) or (3r) once in his or her lifetime.

AB283,17,126 346.65 (2) (f) If there was a minor passenger under 16 years of age in the motor
7vehicle at the time of the violation that gave rise to the conviction under s. 346.63 (1),
8the applicable minimum and maximum forfeitures, fines, or imprisonment under
9par. (am) for the conviction are doubled. An offense under s. 346.63 (1) that subjects
10a person to a penalty under par. (am) 3., 4., 5., 6., or 7. when there is a minor
11passenger under 16 years of age in the motor vehicle is a felony and the place of
12imprisonment shall be determined under s. 973.02.

AB283,17,1914 346.65 (2c) In sub. (2) (am) 2., 3., 4., 5., 6., and 7., 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., 5., 6., and 7.

AB283,18,421 346.65 (2g) (a) In addition to the authority of the court under s. 973.05 (3) (a)
22to provide that a defendant perform community service work for a public agency or
23a nonprofit charitable organization in lieu of part or all of a fine imposed under sub.
24(2) (am) 2., 3., 4., and 5., (f), and (g) and except as provided in par. (ag), the court may
25provide that a defendant perform community service work for a public agency or a

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1nonprofit charitable organization in lieu of part or all of a forfeiture under sub. (2)
2(am) 1. or may require a person who is subject to sub. (2) to perform community
3service work for a public agency or a nonprofit charitable organization in addition
4to the penalties specified under sub. (2).

AB283,18,136 346.65 (2g) (ag) If the court determines that a person does not have the ability
7to pay a fine imposed under sub. (2) (am) 2., 3., 4., or 5., (f), or (g), the court shall
8require the defendant to perform community service work for a public agency or a
9nonprofit charitable organization in lieu of paying the fine imposed or, if the amount
10of the fine was reduced under sub. (2e), in lieu of paying the remaining amount of the
11fine. Each hour of community service performed in compliance with an order under
12this paragraph shall reduce the amount of the fine owed by an amount determined
13by the court.

AB283,19,215 346.65 (2j) (bm) In Winnebago County any county that opts to offer a reduced
16minimum period of imprisonment for the successful completion of a probation period
17that includes alcohol and other drug treatment, if the number of convictions under
18ss. 940.09 (1) and 940.25 in the person's lifetime, plus the total number of
19suspensions, revocations, and other convictions counted under s. 343.307 (1) within
20a 10-year period, equals 2, except that suspensions, revocations, or convictions
21arising out of the same incident or occurrence shall be counted as one, the fine shall
22be the same as under par. (am) 2., but the period of imprisonment shall be not less
23than 5 days, except that if the person successfully completes a period of probation
24that includes alcohol and other drug treatment, the period of imprisonment shall be

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1not less than 5 nor more than 7 days. A person may be sentenced under this
2paragraph or under par. (cm) or sub. (2) (bm) or (cm) or (3r) once in his or her lifetime.

AB283,19,154 346.65 (2j) (cm) In Winnebago County any county that opts to offer a reduced
5minimum period of imprisonment for the successful completion of a probation period
6that includes alcohol and other drug treatment, if the number of convictions under
7ss. 940.09 (1) and 940.25 in the person's lifetime, plus the total number of
8suspensions, revocations, and other convictions counted under s. 343.307 (1) within
9a 10-year period, equals 3 or more, except that suspensions, revocations, or
10convictions arising out of the same incident or occurrence shall be counted as one, the
11fine shall be the same as under par. (am) 3., but the period of imprisonment shall be
12not less than 30 days, except that if the person successfully completes a period of
13probation that includes alcohol and other drug treatment, the period of
14imprisonment shall be not less than 10 days. A person may be sentenced under this
15paragraph or under par. (bm) or sub. (2) (bm) or (cm) or (3r) once in his or her lifetime.

AB283,19,2417 346.65 (3m) Except as provided in sub. (3p) or (3r), any person violating s.
18346.63 (2) or (6) shall be fined not less than $300 nor more than $2,000 and may be
19imprisoned for not less than 30 days nor more than one year in the county jail. If
20there was a minor passenger under 16 years of age in the motor vehicle at the time
21of the violation that gave rise to the conviction under s. 346.63 (2) or (6), the offense
22is a felony, the applicable minimum and maximum fines or periods of imprisonment
23for the conviction are doubled and the place of imprisonment shall be determined
24under s. 973.02.

AB283,20,6

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1346.65 (3p) Any person violating s. 346.63 (2) or (6) is guilty of a Class G felony
2if the person has one or more prior convictions, suspensions, or revocations, as
3counted under s. 343.307 (1). If there was a minor passenger under 16 years of age
4in the motor vehicle at the time of the violation that gave rise to the conviction under
5s. 346.63 (2) or (6), the offense is a felony and the applicable maximum fines or
6periods of imprisonment for the conviction are doubled.

AB283,20,218 346.65 (3r) In Winnebago County any county that opts to offer a reduced
9minimum period of imprisonment for the successful completion of a probation period
10that includes alcohol and other drug treatment, any person violating s. 346.63 (2) or
11(6) shall be fined the same as under sub. (3m), but the period of imprisonment shall
12be not less than 30 days, except that if the person successfully completes a period of
13probation that includes alcohol and other drug treatment, the period of
14imprisonment shall be not less than 15 days. If there was a minor passenger under
1516 years of age in the motor vehicle at the time of the violation that gave rise to the
16conviction under s. 346.63 (2) or (6), the offense is a felony, the applicable minimum
17and maximum fines or periods of imprisonment for the conviction are doubled and
18the place of imprisonment shall be determined under s. 973.02. A person may be
19sentenced under this subsection or under sub. (2) (bm) or (cm) or (2j) (bm) or (cm) once
20in his or her lifetime. This section does not apply to a person sentenced under sub.
21(3p).

AB283,21,3

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1346.65 (7) A person convicted under sub. (2) (am) 2., 3., 4., 5., 6., or 7. or (2j)
2(am) 2. or 3. shall be required to remain in the county jail for not less than a
348-consecutive-hour period.

AB283,21,136 346.655 (1) If a court imposes a fine or a forfeiture for a violation of s. 346.63
7(1) or (5), except for a first violation of s. 346.63 (1) (b), if the person who committed
8the violation had a blood alcohol concentration of 0.08 or more but less than 0.1 at
9the time of the violation, or a local ordinance in conformity therewith, or s. 346.63
10(2) or (6) or 940.25, or s. 940.09 where the offense involved the use of a vehicle, it shall
11impose a driver improvement surcharge under ch. 814 in an amount of $365 in
12addition to the fine or forfeiture, plus costs, fees, and other surcharges imposed under
13ch. 814.

AB283,21,22 15347.413 (title) Ignition interlock device tampering; failure to install.
16(1) No person may remove, disconnect, tamper with, or otherwise circumvent the
17operation of an ignition interlock device installed in response to the court order under
18s. 346.65 (6), 1999 stats., or s. 343.301 (1), or fail to have the ignition interlock device
19installed as ordered by the court. This subsection does not apply to the removal of
20an ignition interlock device upon the expiration of the order requiring the motor
21vehicle to be so equipped or to necessary repairs to a malfunctioning ignition
22interlock device by a person authorized by the department.

AB283,22,324 347.417 (1) No person may remove, disconnect, tamper with, or otherwise
25circumvent the operation of any immobilization device installed in response to a

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1court order under s. 346.65 (6), 1999 stats., or s. 343.301 (2), 2007 stats. This
2subsection does not apply to the removal of an immobilization device pursuant to a
3court order or to necessary repairs to a malfunctioning immobilization device.

AB283,22,95 347.417 (2) The department shall design a warning label which shall be affixed
6by the owner of each immobilization device before the device is used to immobilize
7any motor vehicle under s. 346.65 (6), 1999 stats., or s. 343.301 (2), 2007 stats. The
8label shall provide notice of the penalties for removing, disconnecting, tampering
9with, or otherwise circumventing the operation of the immobilization device.

AB283,22,1511 347.50 (1s) Any person violating s. 347.413 (1) or 347.417 (1) may be required
12to forfeit fined not less than $150 nor more than $600, or may be imprisoned for not
13more than 6 months, or both for the first offense. For a 2nd or subsequent conviction
14within 5 years, the person may be fined not less than $300 nor more than $1,000, or
15imprisoned for not more than 6 months, or both.

AB283,22,1917 347.50 (1t) In addition to the penalty under sub. (1s), if a person who is subject
18to an order under s. 343.301 violates s. 347.413, the court shall extend the order
19under s. 343.301 (1) or (2m) for 6 months for each violation.

AB283,23,821 757.05 (1) (a) Whenever a court imposes a fine or forfeiture for a violation of
22state law or for a violation of a municipal or county ordinance except for a violation
23of s. 101.123 (2) (a), (am) 1., (ar), (bm), (br), or (bv) or (5), or for a first violation of s.
2423.33 (4c) (a) 2., 30.681 (1) (b) 1., 346.63 (1) (b), or 350.101 (1) (b), if the person who
25committed the violation had a blood alcohol concentration of 0.08 or more but less

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1than 0.1 at the time of the violation, or for a violation of state laws or municipal or
2county ordinances involving nonmoving traffic violations, violations under s. 343.51
3(1m) (b), or safety belt use violations under s. 347.48 (2m), there shall be imposed in
4addition a penalty surcharge under ch. 814 in an amount of 26 percent of the fine or
5forfeiture imposed. If multiple offenses are involved, the penalty surcharge shall be
6based upon the total fine or forfeiture for all offenses. When a fine or forfeiture is
7suspended in whole or in part, the penalty surcharge shall be reduced in proportion
8to the suspension.