SB95,2,32 346.65 (2) (intro.) Any person violating s. 346.63 (1) whose alcohol
3concentration is less than 0.18:

SB95,2,65 346.65 (2bg) Any person violating s. 346.63 (1) whose alcohol concentration is
60.18 or greater:

SB95,2,87 (a) Except as provided in par. (e), shall be fined not less than $300 nor more than
8$1,000 and imprisoned for not less than 5 days nor more than 6 months.

SB95,2,139 (b) Except as provided in par. (e), shall be fined not less than $600 nor more than
10$2,000 and imprisoned for not less than 30 days nor more than one year in the county
11jail if the total number of suspensions, revocations and convictions counted under s.
12343.307 (1) equals 2 within a 10-year period, except that suspensions, revocations
13or convictions arising out of the same incident or occurrence shall be counted as one.

SB95,2,1814 (c) Except as provided in par. (e), shall be fined not less than $1,000 nor more
15than $2,500 and imprisoned for not less than 60 days nor more than one year in the
16county jail if the total number of suspensions, revocations and convictions counted
17under s. 343.307 (1) equals 3, except that suspensions, revocations or convictions
18arising out of the same incident or occurrence shall be counted as one.

SB95,3,6

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1(d) Except as provided in par. (e), shall be fined not less than $1,000 nor more
2than $3,000 and imprisoned for not less than 6 months nor more than 5 years if the
3total number of suspensions, revocations and convictions counted under s. 343.307
4(1) equals 4 or more, except that suspensions, revocations or convictions arising out
5of the same incident or occurrence shall be counted as one. The place of
6imprisonment under this paragraph shall be determined under s. 973.02.

SB95,3,137 (e) If there was a minor passenger under 16 years of age in the motor vehicle
8at the time of the violation that gave rise to the conviction under s. 346.63 (1), the
9applicable minimum and maximum fines or imprisonment under pars. (a), (b), (c)
10and (d) for the conviction are doubled. An offense under s. 346.63 (1) that subjects
11a person to a penalty under par. (b), (c) or (d) when there is a minor passenger under
1216 years of age in the motor vehicle is a felony and the place of imprisonment shall
13be determined under s. 973.02.

SB95,3,2015 346.65 (2c) In sub. subs. (2) (b) to (e) and (2bg) (b), the time period shall be
16measured from the dates of the refusals or violations that resulted in the revocation
17or convictions. If a person has a suspension, revocation or conviction for any offense
18under a local ordinance or a state statute of another state that would be counted
19under s. 343.307 (1), that suspension, revocation or conviction shall count as a prior
20suspension, revocation or conviction under sub. subs. (2) (b) to (e) and (2bg) (b) to (d).

SB95,4,322 346.65 (2e) If the court determines that a person does not have the ability to
23pay the costs and fine or forfeiture imposed under sub. (2) (a), (b), (c), (d), (e) or (f) or
24(2bg), the court may reduce the costs, fine and forfeiture imposed and order the
25person to pay, toward the cost of the assessment and driver safety plan imposed

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1under s. 343.30 (1q) (c), the difference between the amount of the reduced costs and
2fine or forfeiture and the amount of costs and fine or forfeiture imposed under sub.
3(2) (a), (b), (c), (d), (e) or (f) or (2bg).

SB95,4,215 346.65 (2g) (a) In addition to the authority of the court under s. 973.05 (3) (a)
6to provide that a defendant perform community service work for a public agency or
7a nonprofit charitable organization in lieu of part or all of a fine imposed under sub.
8(2) (b) to (f) or (2bg), the court may provide that a defendant perform community
9service work for a public agency or a nonprofit charitable organization in lieu of part
10or all of a forfeiture under sub. (2) (a) or may require a person who is subject to sub.
11(2) or (2bg) to perform community service work for a public agency or a nonprofit
12charitable organization in addition to the penalties specified under sub. (2) or (2bg).
13Notwithstanding s. 973.05 (3) (b), an order may only apply if agreed to by the
14organization or agency. The court shall ensure that the defendant is provided a
15written statement of the terms of the community service order and that the
16community service order is monitored. Any organization or agency acting in good
17faith to which a defendant is assigned pursuant to an order under this subsection has
18immunity from any civil liability in excess of $25,000 for acts or omissions by or
19impacting on the defendant. The issuance or possibility of the issuance of a
20community service order under this subsection does not entitle an indigent
21defendant who is subject to sub. (2) (a) to representation by counsel under ch. 977.

SB95,5,2223 346.65 (2i) In addition to the authority of the court under sub. (2g) and s. 973.05
24(3) (a), the court may order a defendant subject to sub. (2) or (2bg), or a defendant
25subject to s. 973.05 (3) (a) who violated s. 346.63 (2), 940.09 (1) or 940.25, to visit a

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1site that demonstrates the adverse effects of substance abuse or of operating a
2vehicle while under the influence of an intoxicant or other drug, including an
3alcoholism treatment facility approved under s. 51.45 or an emergency room of a
4general hospital in lieu of part or all of any forfeiture imposed or in addition to any
5penalty imposed. The court may order the defendant to pay a reasonable fee, based
6on the person's ability to pay, to offset the costs of establishing, maintaining and
7monitoring the visits ordered under this subsection. The court may order a visit to
8the site only if agreed to by the person responsible for the site. If the opportunities
9available to visit sites under this subsection are fewer than the number of defendants
10eligible for a visit, the court shall, when making an order under this subsection, give
11preference to defendants who were under 21 years of age at the time of the offense.
12The court shall ensure that the visit is monitored. A visit to a site may be ordered
13for a specific time and a specific day to allow the defendant to observe victims of
14vehicle accidents involving intoxicated drivers. If it appears to the court that the
15defendant has not complied with the court order to visit a site or to pay a reasonable
16fee, the court may order the defendant to show cause why he or she should not be held
17in contempt of court. Any organization or agency acting in good faith to which a
18defendant is assigned pursuant to an order under this subsection has immunity from
19any civil liability in excess of $25,000 for acts or omissions by or impacting on the
20defendant. The issuance or possibility of the issuance of an order under this
21subsection does not entitle an indigent defendant who is subject to sub. (2) (a) to
22representation by counsel under ch. 977.

SB95,6,624 346.65 (2m) (a) In imposing a sentence under sub. (2), (2bg) or (2j) for a
25violation of s. 346.63 (1) (b) or (5) or a local ordinance in conformity therewith, the

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1court shall review the record and consider the aggravating and mitigating factors in
2the matter. If the level of the person's blood alcohol level is known, the court shall
3consider that level as a factor in sentencing. The chief judge of each judicial
4administrative district shall adopt guidelines, under the chief judge's authority to
5adopt local rules under SCR 70.34, for the consideration of aggravating and
6mitigating factors.

SB95,6,98 346.65 (2m) (b) The court shall consider a report submitted under s. 85.53 (2)
9(d) when imposing a sentence under sub. (2), (2bg), (2j), (2q) or (3m).

SB95,6,1311 346.65 (7) A person convicted under sub. (2) (b), (c), (d) or (e), (2bg) (a) (b), (c)
12or (d) or (2j) (b) or (c) shall be required to remain in the county jail for not less than
13a 48-consecutive-hour period.

SB95,6,2515 971.17 (1) Commitment period. When a defendant is found not guilty by reason
16of mental disease or mental defect, the court shall commit the person to the
17department of health and family services for a specified period not exceeding
18two-thirds of the maximum term of imprisonment that could be imposed under s.
19973.15 (2) (a) against an offender convicted of the same crime or crimes, including
20imprisonment authorized by ss. 346.65 (2) (f), (2bg) (e), (2j) (d) or (3m), 939.62,
21939.621, 939.63, 939.635, 939.64, 939.641, 939.645, 940.09 (1b), 940.25 (1b) and
22961.48 and other penalty enhancement statutes, as applicable, subject to the credit
23provisions of s. 973.155. If the maximum term of imprisonment is life, the
24commitment period specified by the court may be life, subject to termination under
25sub. (5).