2011 - 2012 LEGISLATURE
March 6, 2012 - Introduced by Representatives Krusick, J. Ott, Bies, Berceau,
Kooyenga and A. Ott, by request of Paul and Judy Jenkins of Mequon (in
memory of Jennifer Bukosky, Courtney Bella and Sophia Bukosky). Referred
to Committee on Criminal Justice and Corrections.
1An Act to repeal
346.65 (2) (f) 1. and 346.65 (2g) (d); to renumber and amend
340.01 (46m) (c) and 346.65 (2) (f) 2.; to amend
302.372 (2) (a) (intro.), 340.01 3
(46m) (a), 345.20 (2) (c), 345.24 (1), 346.65 (2) (am) 1., 346.65 (2c), 346.65 (2e), 4
346.65 (2g) (a), 346.65 (2g) (ag), 346.65 (2g) (am), 346.65 (2i), 349.02 (2) (a), 5
753.19, 969.01 (2) (a), 972.11 (3m) and 973.15 (8) (a) 3.; and to create
20.435 (5) (q), 20.475 (1) (q), 20.505 (6) (q), 20.550 (1) (q), 20.625 (1) (q), 25.975, 7
46.03 (45), 139.27, 165.85 (4r), 340.01 (46m) (c) 1., 340.01 (46m) (c) 2., 340.01 8
(46m) (c) 3., 345.24 (1m), 345.24 (3), 346.65 (2) (h), 977.02 (2g) and 978.05 (1p) 9
of the statutes; relating to: offenses related to operating a vehicle while
10intoxicated, releasing persons arrested for offenses related to operating a
11vehicle while intoxicated, granting rule-making authority, and providing a
Analysis by the Legislative Reference Bureau
This bill makes a number of changes relating to operating a vehicle while under
the influence of an intoxicant (OWI-related offense), including the following:
1. Under current law, a first OWI-related offense is a civil violation, unless
there was a minor passenger under the age of 16 in the vehicle at the time of the
offense. A person who commits a civil OWI-related offense is subject to a forfeiture
of not less than $150 nor more than $300. Subsequent OWI-related offenses are
crimes punishable by fines and periods of imprisonment that increase with every
Under this bill, a person who commits a first OWI-related offense on or after
July 1, 2013, is guilty of a Class C misdemeanor and may be fined not more than $500,
imprisoned for not more than 30 days, or both.
Under the bill, if a person is subject to a minimum period of imprisonment for
any OWI-related offense, the person is not eligible for home detention, good time,
release from jail for employment, transfer to a county work camp, release to perform
community service except under special circumstances, probation, or diminution of
the sentence until he or she serves at least the minimum period of time in jail or
2. Under current law, with few exceptions, a law enforcement officer may not
stop a motor vehicle without reasonable cause to believe that the operator of the
motor vehicle has violated a law or ordinance.
This bill requires the Law Enforcement Standards Board (LESB) to establish
rules for a sobriety checkpoint program and requires local law enforcement agencies
to comply with the rules whenever they conduct a sobriety checkpoint. When a law
enforcement agency conducts a sobriety checkpoint, drivers are briefly stopped
without individualized suspicion that they may be intoxicated, and drivers who
demonstrate some level of impairment or other signs of drug or alcohol use are
detained for additional testing and possible arrest.
The bill requires the LESB rules to ensure that drivers are stopped in a neutral,
nondiscretionary manner and that the initial stops are conducted in a way that
minimizes the disruption of traffic flow and minimizes the amount of time the driver
is stopped. The rules must also ensure that the sobriety checkpoint has fixed
beginning and ending times, and is publicized before it is conducted. The rules must
ensure that, at the sobriety checkpoint, approaching drivers are given adequate
warning that a sobriety checkpoint is underway, and that officers clearly identify
themselves and explain the purpose of the sobriety checkpoint to each driver they
stop. Finally, the rules must establish criteria for determining which drivers may
be detained beyond the initial stop to undergo testing for intoxication.
3. Under current law, counties may seek reimbursement from persons who are
sentenced to a county jail or placed on probation and confined in jail, for the costs the
counties incur in relation to the crime for which the persons are sentenced to jail or
placed on probation. The counties may also seek reimbursement from other sources,
but they cannot collect for the same costs twice.
The bill requires counties to seek reimbursement from persons sentenced to a
county jail or placed on probation and confined in jail.
4. Currently, revenues generated from the wine and liquor tax are deposited
into the general fund.
Under this bill, beginning on July 1, 2013, $10,000,000 from revenues
generated by the wine and liquor tax are deposited into the intoxicated and drugged
drivers fund. The bill requires the Department of Administration, the Public
Defender Board, the Department of Health Services, and the director of state courts
to prepare budget requests that would allocate funds from the intoxicated and
drugged drivers fund to pay costs incurred by district attorneys, public defenders,
circuit courts, and counties in relation to prosecuting first OWI-related offenses and
providing treatment programs for offenders.
5. Under current law, no person may operate a motor vehicle with a prohibited
alcohol concentration. For most operators, the prohibited alcohol concentration is
0.08 or more. However, if a person is subject to a court order that requires his or her
vehicle to be equipped with an ignition interlock device or if he or she has committed
three or more OWI-related violations, the prohibited alcohol concentration for that
person is more than 0.02.
This bill adds a definition of a prohibited alcohol concentration as an alcohol
concentration of more than 0.02 for the two-year period after a person has committed
a first or second OWI-related offense.
6. Under current law, a trial court may, at its discretion, release a person who
has been convicted of a crime from imprisonment until the time of sentencing, unless
the person was convicted of a 3rd or subsequent OWI-related offense. Current law
also allows a sentencing court to delay the execution of a sentence of imprisonment
for up to 60 days, unless the person was convicted of a third or subsequent
OWI-related offense or the court finds that there is legal cause to delay the execution
of the sentence for a longer period or unless the court places the person on probation.
Under this bill, if a person has been convicted of any OWI-related offense, and
the conviction carries a minimum period of imprisonment, a court may not release
the person after conviction but before sentencing until after the person has served
at least the minimum period of imprisonment. Under the bill, a court may not delay
the execution of a sentence of imprisonment for an OWI-related offense unless the
court finds that there is legal cause to delay the execution of the sentence or unless
the court places the person on probation.
7. Under current law, a person arrested for certain OWI-related offenses may
not be released from police custody until 12 hours have elapsed from the time of his
or her arrest or unless a chemical test shows that the person has an alcohol
concentration of less than 0.04 except that the person may be released to his or her
attorney, spouse, relative, or other responsible adult (responsible party) at any time
Under this bill, a person may be released to a responsible party if the
responsible party signs a form acknowledging that he or she accepts legal
responsibility for the actions of the arrested person for 12 hours after the time the
person was arrested and that, if the arrested person is arrested for another
OWI-related offense within that period, the responsible party may be guilty of a
Class C misdemeanor. In addition, the bill requires a law enforcement officer to seize
or immobilize the vehicle used in the incident that gave rise to the arrest for 12 hours,
except that, if the vehicle is the only vehicle owned or leased by any member of the
arrested person's household, the officer may release the vehicle to a member of the
Because this bill creates a new crime or revises a penalty for an existing crime,
the Joint Review Committee on Criminal Penalties may be requested to prepare a
report concerning the proposed penalty and the costs or savings that are likely to
result if the bill is enacted.
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:
AB670, s. 1
16.185 of the statutes is created to read:
216.185 Assistance to counties; operating while intoxicated.
From the 3
appropriation under s. 20.505 (6) (q), the department may make payments to 4
counties for costs incurred relating to persons charged with offenses that are 5
punishable under s. 346.65 (2) (am) 1.
AB670, s. 2
20.435 (5) (q) of the statutes is created to read:
(q) Intoxicated and drugged driving assistance programs.
From the 8
intoxicated and drugged drivers fund, the amounts in the schedule for intoxicated 9
and drugged driving programs administered under s. 46.03 (45).
AB670, s. 3
20.475 (1) (q) of the statutes is created to read:
(q) Prosecutions related to operating while intoxicated.
From the 12
intoxicated and drugged drivers fund, the amounts in the schedule for prosecutions 13
under s. 978.05 (1p).
AB670, s. 4
20.505 (6) (q) of the statutes is created to read:
(q) Assistance to counties related to operating while intoxicated. 16
From the intoxicated and drugged drivers fund, the amounts in the schedule to 17
reimburse counties under s. 16.185.
AB670, s. 5
20.550 (1) (q) of the statutes is created to read:
(q) Representation related to operating while intoxicated.
From the 2
intoxicated and drugged drivers fund, the amounts in the schedule for 3
representation under s. 977.02 (2g).
AB670, s. 6
20.625 (1) (q) of the statutes is created to read:
(q) Operation costs related to operating while intoxicated.
From the 6
intoxicated and drugged drivers fund, the amounts in the schedule for circuit court 7
costs under s. 753.19.
AB670, s. 7
25.975 of the statutes is created to read:
925.975 Intoxicated and drugged drivers fund.
There is established a 10
separate nonlapsible trust fund designated as the intoxicated and drugged drivers 11
fund, to consist of all moneys received under s. 139.27.
AB670, s. 8
46.03 (45) of the statutes is created to read:
46.03 (45) Intoxicated and drugged driving.
From the appropriation under 14
s. 20.435 (5) (q), provide services to persons charged with offenses that are 15
punishable under s. 346.65 (2) (am) 1.
AB670, s. 9
139.27 of the statutes is created to read:
17139.27 Revenue distribution.
The first $10,000,000 collected in each fiscal 18
year from the taxes imposed under s. 139.03 shall be deposited into the fund created 19
under s. 25.975.
AB670, s. 10
165.85 (4r) of the statutes is created to read:
165.85 (4r) Sobriety checkpoints.
(a) The board shall promulgate rules for 22
administering a sobriety checkpoint program that are consistent with par. (b). No 23
local authority may conduct a sobriety checkpoint program that does not comply with 24
the rules established under this subsection.
(b) A sobriety checkpoint program shall do all of the following: