Under current law, in imposing a penalty for a violation of the intoxicated
operation of an ATV or UTV, the intoxicated operation of an OHM, the intoxicated
boating, or the intoxicated snowmobiling law, a court may only count a previous
conviction of the same law, or the applicable refusal law. For example, if a person is
before the court for violating the intoxicated snowmobiling law or the snowmobile
refusal law, the court may count only previous convictions of the intoxicated
snowmobiling law and the snowmobile refusal law as prior convictions. Previous
convictions of the intoxicated operation of an ATV law or of the intoxicated boating
law or of the applicable refusal laws may not be counted. Under this bill, a court must
count previous convictions of any of these intoxicated operation or refusal laws that
occurred within the previous five years when imposing a penalty for a violation of any
of these laws.
The bill makes the provisions of the intoxicated operation of an ATV or UTV, the
intoxicated operation of an OHM, the intoxicated boating, and the intoxicated
snowmobiling laws more consistent. These changes include:
1. Adopting the higher penalties for various violations where the penalties for
violations of the intoxicated operation of an ATV or UTV law, the intoxicated
operation of an OHM law, the intoxicated boating law, the intoxicated snowmobiling
law, and the refusal law conflict.
2. Imposing increased penalties for violating the intoxicated operation of an
OHM law, the intoxicated boating law, or the intoxicated snowmobiling law or
related refusal law if the OHM, motorboat, or snowmobile is operated with a
passenger under 16 years of age. The increased penalty already exists for a violation
of the intoxicated operation of an ATV or UTV law and the ATV or UTV refusal law.
3. Repealing the provisions that imposed increased penalties for operating an
ATV or UTV with an alcohol concentration level that is 0.17 or more. Under current
law, these increased penalties are not imposed for violations of the intoxicated
boating or the intoxicated snowmobiling laws.
The bill provides that when counting the number of convictions within the
previous five years, the previous convictions for intoxicated operation of that same
type of recreational vehicle or the related refusal law that occurred before the
effective date of this bill are counted, but previous convictions for the other three
types of recreational vehicles that occurred before the effective date of this bill are
not counted.
The bill also requires a court to enter an order to suspend the person's privilege
to operate a snowmobile, an ATV, a UTV, an OHM, and a motorboat for a period of
not less than 12 months and not more that 16 months if the court imposes a penalty
for a violation of the intoxicated operation of an ATV or UTV, the intoxicated
operation of an OHM, the intoxicated boating, or the intoxicated snowmobiling law
or the related refusal law. The bill allows the court, as part of the order, to authorize
the person to operate an ATV, UTV, OHM, or snowmobile exclusively on land under
the management and control of the person's immediate family, or to operate a
recreational motorboat, if the court finds that such operation is essential for the
purpose of engaging in an occupation or trade. The bill also provides a forfeiture and
additional six-month period of operating privilege suspension for violating the order
of suspension.
Under the bill, if the person is found guilty of a violation of the intoxicated
operation of an ATV or UTV, the intoxicated operation of an OHM, the intoxicated
boating, or the intoxicated snowmobiling law or the related refusal law and has,
within the previous five years, violated one of these laws, the court is required to
revoke the person's privilege to operate a motor vehicle for not less than six months
and not more than 12 months. Also under the bill, the person may be eligible for an
occupational driver's license at any time during the revocation period. The bill
requires the person whose operating privilege was revoked to pay a $140
reinstatement fee.
Under the bill, if a person has had his or her privilege to operate a motor vehicle
suspended or revoked for a violation of a prohibition against operating a motor
vehicle while intoxicated, the person may not operate a snowmobile, an ATV, a UTV,
an OHM, or a motorboat during the period of that motor vehicle operating privilege
suspension or revocation. The bill also provides a forfeiture and an additional
six-month period of operating privilege suspension for violating the order of
suspension.
Under current law, the sentences of persons who are convicted of certain
second, third, or fourth offenses involving the operation of a motor vehicle while
under the influence of an intoxicant may be reduced if the violator successfully
completes a period of probation that includes alcohol and other drug treatment. A
person may complete a treatment program and receive a reduced period of
imprisonment only once. This bill allows this option to be used for persons convicted
of a violation of the intoxicated operation of an ATV or UTV, the intoxicated operation
of an OHM, the intoxicated boating, or the intoxicated snowmobiling law or the
applicable refusal law.
Because this bill proposes to revoke a person's operating privilege upon
conviction for an offense, the Department of Transportation, as required by law, will
prepare a report to be printed as an appendix to this bill.
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:
AB873,1
1Section
1. 23.33 (1) (ib) of the statutes is created to read:
AB873,4,62
23.33
(1) (ib) “Intoxicated operating law" means the intoxicated operation of
3an all-terrain or utility terrain vehicle law, the intoxicated operation of an
4off-highway motorcycle law, as defined in s. 23.335 (1) (km), the intoxicated boating
5law, as defined in s. 30.50 (4m), or the intoxicated snowmobiling law, as defined in
6s. 350.01 (9c).
AB873,2
7Section
2. 23.33 (1) (ih) of the statutes is created to read:
AB873,5,1
123.33
(1) (ih) “Legal drinking age" means 21 years of age.
AB873,3
2Section
3. 23.33 (1) (jd) of the statutes is created to read:
AB873,5,83
23.33
(1) (jd) “Public premises" means all premises held out to the public for
4use of a motor vehicle, including highways, all premises provided by employers to
5employees for the use of their motor vehicles, and all premises provided to tenants
6of rental housing in buildings of 4 or more units for the use of their motor vehicles,
7whether such premises are publicly or privately owned and whether or not a fee is
8charged for the use of those premises.
AB873,4
9Section
4. 23.33 (1) (jh) of the statutes is created to read:
AB873,5,1310
23.33
(1) (jh) “Recreational vehicle" means an all-terrain vehicle, a utility
11terrain vehicle, an off-highway motorcycle as defined in s. 23.335 (1) (q), a
12recreational motorboat as defined in s. 30.50 (9m), or a snowmobile, as defined in s.
13340.01 (58a).
AB873,5
14Section
5. 23.33 (1) (jk) of the statutes is created to read:
AB873,5,1715
23.33
(1) (jk) “Recreational vehicle and boating refusal law" means the
16all-terrain or utility terrain vehicle refusal law, the boating refusal law, as defined
17in s. 30.50 (2c), or the snowmobiling refusal law, as defined in s. 350.01 (17m).
AB873,6
18Section
6. 23.33 (1) (jm) of the statutes is renumbered 23.33 (1) (at) and
19amended to read:
AB873,5,2120
23.33
(1) (at) “
Refusal
All-terrain or utility terrain vehicle refusal law" means
21sub. (4p) (e) or a local ordinance in conformity therewith.
AB873,7
22Section
7. 23.33 (4c) (a) 3. of the statutes is amended to read:
AB873,6,223
23.33
(4c) (a) 3. `Operating with alcohol concentrations at specified levels;
24below
legal drinking age
21.'
If a A person
who has not attained the
legal drinking 25age
of 21, the person may not engage in the operation of an all-terrain vehicle or
1utility terrain vehicle while he or she has an alcohol concentration of more than 0.0
2but
not more less than 0.08.
AB873,8
3Section
8. 23.33 (4c) (a) 4. of the statutes is amended to read:
AB873,6,124
23.33
(4c) (a) 4. `Related charges.' A person may be charged with and a
5prosecutor may proceed upon a complaint based upon a violation of any combination
6of subd. 1., 2., or 2m. for acts arising out of the same incident or occurrence. If the
7person is charged with violating any combination of subd. 1., 2., or 2m., the offenses
8shall be joined. If the person is found guilty of any combination of subd. 1., 2., or 2m.
9for acts arising out of the same incident or occurrence, there shall be a single
10conviction for purposes of sentencing and for purposes of counting convictions under
11sub. (13) (b) 2.
and 3. to 5. Subdivisions 1., 2., and 2m. each require proof of a fact
12for conviction
which that the others do not require.
AB873,9
13Section
9. 23.33 (4c) (b) 3. of the statutes is amended to read:
AB873,6,2314
23.33
(4c) (b) 3. `Related charges.' A person may be charged with and a
15prosecutor may proceed upon a complaint based upon a violation of any combination
16of subd. 1., 2., or 2m. for acts arising out of the same incident or occurrence. If the
17person is charged with violating any combination of subd. 1., 2., or 2m. in the
18complaint, the crimes shall be joined under s. 971.12. If the person is found guilty
19of any combination of subd. 1., 2., or 2m. for acts arising out of the same incident or
20occurrence, there shall be a single conviction for purposes of sentencing and for
21purposes of counting convictions under sub. (13) (b) 2.
and 3. to 5. Subdivisions 1.,
222., and 2m. each require proof of a fact for conviction
which that the others do not
23require.
AB873,10
24Section
10. 23.33 (4t) of the statutes is amended to read:
AB873,7,4
123.33
(4t) Report arrest to department. If a law enforcement officer arrests
2a person for a violation of the intoxicated operation of an all-terrain vehicle or utility
3terrain vehicle law or the
all-terrain or utility terrain vehicle refusal law, the law
4enforcement officer shall notify the department of the arrest as soon as practicable.
AB873,11
5Section
11. 23.33 (4y) of the statutes is created to read:
AB873,7,166
23.33
(4y) Suspension or revocation of operating privileges. (a)
Orders to
7suspend or revoke. 1. If a court imposes a penalty for a violation of the intoxicated
8operation of an all-terrain or utility terrain vehicle law or the all-terrain or utility
9terrain vehicle refusal law, the court shall order the suspension of the person's
10privilege to operate a recreational vehicle for a period of not less than 12 months and
11not more than 16 months. As part of the order, the court may authorize the person
12to operate an all-terrain vehicle or utility terrain vehicle exclusively on land under
13the management and control of the person's immediate family if the court finds that
14such operation is essential for the purpose of engaging in an occupation or trade.
15Whenever a court suspends an operating privilege under this subdivision, the court
16shall notify the department of that action.
AB873,8,317
2. In addition to the order under subd. 1., the court shall also order the
18revocation of the person's privilege to operate a motor vehicle on public premises if
19the person, within 5 years prior to the arrest for the current violation of the
20intoxicated operation of an all-terrain or utility terrain vehicle law or the all-terrain
21or utility terrain vehicle refusal law, violated the intoxicated operating law or the
22recreational vehicle and boating refusal law. The period of revocation shall be not
23less than 6 months and not more than 12 months. Whenever a court revokes an
24operating privilege under this subdivision, the court may take possession of the
25revoked license. If the court takes possession of the revoked license, the court shall
1destroy the license. The court shall forward to the department of transportation the
2record of the conviction and notice of revocation. The person is eligible for an
3occupational license under s. 343.10 at any time.
AB873,8,54
(b)
Operating while suspended or revoked. 1. No person may operate a
5recreational vehicle in violation of a suspension order imposed under par. (a) 1.
AB873,8,86
2. No person may operate an all-terrain vehicle or utility terrain vehicle during
7the time that the person's motor vehicle operating privilege is suspended or revoked
8for a conviction counted under s. 343.307 (1).
AB873,12
9Section
12. 23.33 (13) (b) 1. of the statutes is amended to read:
AB873,8,1210
23.33
(13) (b) 1. Except as provided under subds. 2.
and 3. to 5., a person who
11violates sub. (4c) (a) 1., 2., or 2m. or (4p) (e) shall forfeit not less than
$150 $400 nor
12more than
$300 $550.
AB873,13
13Section
13. 23.33 (13) (b) 2. of the statutes is amended to read:
AB873,8,2014
23.33
(13) (b) 2.
Except as provided under subd. 3., a A person who violates sub.
15(4c) (a) 1., 2., or 2m. or (4p) (e) and who, within 5 years prior to the arrest for the
16current violation, was convicted
one time previously under the intoxicated
operation
17of an all-terrain vehicle or utility terrain vehicle operating law or the
recreational
18vehicle and boating refusal law shall be fined not less than $300 nor more than
19$1,100 and shall be imprisoned not less than 5 days nor more than
6 months one year
20in the county jail.
AB873,14
21Section
14. 23.33 (13) (b) 3. of the statutes is amended to read:
AB873,9,322
23.33
(13) (b) 3. A person who violates sub. (4c) (a) 1., 2., or 2m. or (4p) (e) and
23who, within 5 years prior to the arrest for the current violation, was convicted 2
or
24more times previously under the intoxicated
operation of an all-terrain vehicle or
25utility terrain vehicle operating law
or, the recreational vehicle and boating refusal
1law
, or any combination of these laws, shall be fined not less than $600 nor more than
2$2,000 and shall be imprisoned not less than 30 days nor more than one year in the
3county jail.
AB873,15
4Section
15. 23.33 (13) (b) 4. of the statutes is renumbered 23.33 (13) (b) 6. and
5amended to read:
AB873,9,86
23.33
(13) (b) 6. A person who violates sub. (4c) (a) 3. or
who violates sub. (4p)
7(e) and
who has not attained the
legal drinking age
of 21 shall forfeit
not more than 8$50.
AB873,16
9Section
16. 23.33 (13) (b) 4b. of the statutes is created to read:
AB873,9,1510
23.33
(13) (b) 4b. A person who violates sub. (4c) (a) 1., 2., or 2m. or (4p) (e) and
11who, within 5 years prior to the arrest for the current violation, was convicted 3 times
12previously under the intoxicated operating law, the recreational vehicle and boating
13refusal law, or any combination of these laws, shall be fined not less than $600 nor
14more than $2,000 and shall be imprisoned not less than 60 days nor more than one
15year in the county jail.
AB873,17
16Section
17. 23.33 (13) (b) 5. of the statutes is created to read:
AB873,9,2217
23.33
(13) (b) 5. A person who violates sub. (4c) (a) 1., 2., or 2m. or (4p) (e) and
18who, within 5 years prior to the arrest for the current violation, was convicted 4 or
19more times previously under the intoxicated operating law, the recreational vehicle
20and boating refusal law, or any combination of these laws, shall be fined not less than
21$600 nor more than $2,000 and shall be imprisoned not less than 6 months nor more
22than one year in the county jail.
AB873,18
23Section
18. 23.33 (13) (bg) of the statutes is amended to read:
AB873,9,2524
23.33
(13) (bg)
Penalties related to intoxicated operation of an all-terrain
25vehicle or utility terrain vehicle; underage passengers. If there is a passenger under
116 years of age on the all-terrain vehicle or utility terrain vehicle at the time of a
2violation that gives rise to a conviction under sub. (4c) (a) 1.
or, 2.
, or 2m. or (4p) (e),
3the applicable minimum and maximum forfeitures, fines, and terms of
4imprisonment under
pars. par. (b) 1.
, 2., and 3. to 5. for the conviction are doubled.
AB873,19
5Section
19. 23.33 (13) (bm) of the statutes is created to read:
AB873,10,166
23.33
(13) (bm)
Alcohol and drug treatment alternatives. 1. In any county that
7opts to offer a reduced minimum period of imprisonment for the successful
8completion of a probation period that includes alcohol and other drug treatment, if
9the number of suspensions, revocations, and convictions for a violation of the
10intoxicated operation of an all-terrain or utility terrain vehicle law or of the
11all-terrain or utility terrain vehicle refusal law within a 5-year period equals 2,
12except that suspensions, revocations, or convictions arising out of the same incident
13or occurrence shall be counted as one, the fine shall be the same as under par. (b) 2.,
14but the period of imprisonment shall be not less than 5 days, except that if the person
15successfully completes a period of probation that includes alcohol and other drug
16treatment, the period of imprisonment shall be not less than 5 nor more than 7 days.
AB873,11,217
2. In any county that opts to offer a reduced minimum period of imprisonment
18for the successful completion of a probation period that includes alcohol and other
19drug treatment, if the number of suspensions, revocations, and convictions for a
20violation of the intoxicated operation of an all-terrain or utility terrain vehicle law
21or of the all-terrain or utility terrain vehicle refusal law within a 5-year period
22equals 3, except that suspensions, revocations, or convictions arising out of the same
23incident or occurrence shall be counted as one, the fine shall be the same as under
24par. (b) 3., but the period of imprisonment shall be not less than 30 days, except that
1if the person successfully completes a period of probation that includes alcohol and
2other drug treatment, the period of imprisonment shall be not less than 14 days.
AB873,11,123
3. In any county that opts to offer a reduced minimum period of imprisonment
4for the successful completion of a probation period that includes alcohol and other
5drug treatment, if the number of suspensions, revocations, and convictions for a
6violation of the intoxicated operation of an all-terrain or utility terrain vehicle law
7or of the all-terrain or utility terrain vehicle refusal law within a 5-year period
8equals 4, except that suspensions, revocations, or convictions arising out of the same
9incident or occurrence shall be counted as one, the fine shall be the same as under
10par. (b) 4b., but the period of imprisonment shall be not less than 60 days, except that
11if the person successfully completes a period of probation that includes alcohol and
12other drug treatment, the period of imprisonment shall be not less than 29 days.
AB873,11,1413
4. A person may be sentenced under this paragraph or under s. 23.335 (23)
14(dm), 30.80 (6) (ar), or 350.11 (3) (ar) once in his or her lifetime.
AB873,20
15Section
20. 23.33 (13) (br) of the statutes is repealed.
AB873,21
16Section
21. 23.33 (13) (ce) of the statutes is created to read:
AB873,11,2217
23.33
(13) (ce)
Penalties related to suspension and revocation. 1. A person who
18operates a recreational vehicle in violation of sub. (4y) (b) 1. is subject to a forfeiture
19of not less than $50 nor more than $250. In addition, for each such violation, the court
20may suspend the person's privilege to operate a recreational vehicle for a period of
21not more than 6 months. Whenever a court suspends an operating privilege under
22this subdivision, the court shall notify the department of that action.
AB873,12,323
2. A person who operates an all-terrain vehicle or utility terrain vehicle in
24violation of sub. (4y) (b) 2. is subject to a forfeiture of not less than $150 nor more than
25$300. In addition, the court may suspend the person's privilege to operate a
1recreational vehicle for a period of not more than 6 months. Whenever a court
2suspends an operating privilege under this subdivision, the court shall notify the
3department of that action.
AB873,22
4Section
22. 23.33 (13) (cm) of the statutes is amended to read:
AB873,12,85
23.33
(13) (cm)
Sentence of detention. The legislature intends that courts use
6the sentencing option under s. 973.03 (4) whenever appropriate for persons subject
7to par. (b) 2.
or, 3.
, 4b., or 5., or (c). The use of this option can result in significant cost
8savings for the state and local governments.
AB873,23
9Section
23. 23.33 (13) (d) of the statutes is renumbered 23.33 (13) (d) 1. and
10amended to read:
AB873,12,1311
23.33
(13) (d) 1. In determining the number of previous convictions under par.
12(b) 2.
and 3. to 5., convictions arising out of the same incident or occurrence shall be
13counted as one previous conviction.
AB873,24
14Section
24. 23.33 (13) (d) 2. of the statutes is created to read:
AB873,12,2515
23.33
(13) (d) 2. In determining the number of previous convictions under par.
16(b) 2. to 5., previous convictions under the intoxicated operation of an all-terrain or
17utility terrain vehicle law or under the all-terrain or utility terrain vehicle refusal
18law that occurred before, on, or after the effective date of this subdivision .... [LRB
19inserts date], and previous convictions under the intoxicated operation of an
20off-highway motorcycle law, as defined in s. 23.335 (1) (L), the off-highway
21motorcycle refusal law, as defined in s. 23.335 (1) (tm), the intoxicated boating law,
22as defined in s. 30.50 (4m), the boating refusal law, as defined in s. 30.50 (2c), the
23intoxicated snowmobiling law, as defined in s. 350.01 (9c), or the snowmobiling
24refusal law, as defined in s. 350.01 (17m), that occur after the effective date of this
25subdivision .... [LRB inserts date], shall count as previous convictions.
AB873,25
1Section
25. 23.33 (13) (dm) of the statutes is amended to read:
AB873,13,82
23.33
(13) (dm)
Reporting convictions to the department. Whenever a person
3is convicted of a violation of the intoxicated operation of an all-terrain vehicle or
4utility terrain vehicle law
or the all-terrain or utility terrain vehicle refusal law, the
5clerk of the court in which the conviction occurred
, or the justice, judge or magistrate
6of a court not having a clerk, shall forward to the department the record of such
7conviction. The record of conviction forwarded to the department shall state whether
8the offender was involved in an accident at the time of the offense.
AB873,26
9Section
26. 23.33 (13) (eg) of the statutes is created to read:
AB873,13,1710
23.33
(13) (eg)
Certificate of completion of safety program. In addition to any
11other penalty or order, a person who for the first time violates the intoxicated
12operation of an all-terrain or utility terrain vehicle law or the all-terrain or utility
13terrain vehicle refusal law shall be ordered by the court to obtain a certificate of
14satisfactory completion of a safety program established under sub. (5) (d). If the
15person has a valid certificate at the time that the court imposes a sentence for such
16a violation, the court shall permanently revoke the certificate and order the person
17to obtain another certificate of satisfactory completion of the safety program.
AB873,27
18Section
27. 23.335 (1) (km) of the statutes is created to read:
AB873,13,2319
23.335
(1) (km) “Intoxicated operating law” means the intoxicated operation
20of an off-highway motorcycle law, the intoxicated operation of an all-terrain or
21utility terrain vehicle law, as defined in s. 23.33 (1) (ic), the intoxicated boating law,
22as defined in s. 30.50 (4m), or the intoxicated snowmobiling law, as defined in s.
23350.01 (9c).
AB873,28
24Section
28. 23.335 (1) (nm) of the statutes is created to read:
AB873,13,2525
23.335
(1) (nm) “Legal drinking age” means 21 years of age.
AB873,29
1Section
29. 23.335 (1) (zdr) of the statutes is created to read:
AB873,14,72
23.335
(1) (zdr) “Public premises” means all premises held out to the public for
3use of a motor vehicle, including highways, all premises provided by employers to
4employees for the use of their motor vehicles, and all premises provided to tenants
5of rental housing in buildings of 4 or more units for the use of their motor vehicles,
6whether such premises are publicly or privately owned and whether or not a fee is
7charged for the use of those premises.
AB873,30
8Section
30. 23.335 (1) (zer) of the statutes is created to read:
AB873,14,129
23.335
(1) (zer) “Recreational vehicle" means an off-highway motorcycle, an
10all-terrain vehicle as defined in s. 23.33 (1) (b), a utility terrain vehicle as defined
11in s. 23.33 (1) (ng), a recreational motorboat as defined in s. 30.50 (9m), or a
12snowmobile, as defined in s. 340.01 (58a).
AB873,31
13Section
31. 23.335 (1) (zet) of the statutes is created to read:
AB873,14,1714
23.335
(1) (zet) “Recreational vehicle and boating refusal law" means the
15off-highway motorcycle refusal law, the all-terrain or utility terrain vehicle refusal
16law, as defined in s. 23.33 (1) (jm), the boating refusal law, as defined in s. 30.50 (2c),
17or the snowmobiling refusal law, as defined in s. 350.01 (17m).
AB873,32
18Section
32. 23.335 (1) (zf) of the statutes is renumbered 23.335 (1) (tm) and
19amended to read:
AB873,14,2120
23.335
(1) (tm) “
Refusal
Off-highway motorcycle refusal law" means sub. (12)
21(h) or a local ordinance in conformity therewith.
AB873,33
22Section
33. 23.335 (12) (a) 3. of the statutes is amended to read:
AB873,14,2523
23.335
(12) (a) 3.
If a
A person
who has not attained the
legal drinking age
of
2421, the person may not engage in the operation of an off-highway motorcycle while
25he or she has an alcohol concentration of more than 0.0 but
not more less than 0.08.
AB873,34
1Section
34. 23.335 (12) (a) 4. of the statutes is amended to read:
AB873,15,102
23.335
(12) (a) 4. A person may be charged with and a prosecutor may proceed
3upon a complaint based upon a violation of any combination of subd. 1., 2., or 2m. for
4acts arising out of the same incident or occurrence. If the person is charged with
5violating any combination of subd. 1., 2., or 2m., the offenses shall be joined. If the
6person is found guilty of any combination of subd. 1., 2., or 2m. for acts arising out
7of the same incident or occurrence, there shall be a single conviction for purposes of
8sentencing and for purposes of counting convictions under sub. (23) (c) 2.
and 3. to
95. Subdivisions 1., 2., and 2m. each require proof of a fact for conviction
which that 10the others do not require.
AB873,35
11Section
35. 23.335 (12) (b) 3. of the statutes is amended to read:
