2017 - 2018 LEGISLATURE
February 21, 2017 - Introduced by Senators Darling, Marklein, Olsen, Hansen,
Craig, Nass and Carpenter, cosponsored by Representatives Ott, Jagler,
Zepnick, Novak, Knodl, Sanfelippo, E. Brooks, R. Brooks, Quinn, Kremer,
Gannon, Horlacher, Ripp, Skowronski, Jacque, Tusler, Allen, Murphy,
Subeck, Loudenbeck, Tittl, Mursau and Kooyenga. Referred to Committee
on Judiciary and Public Safety.
1An Act to amend
346.65 (2) (am) 5. of the statutes; relating to: committing a
2fifth or sixth offense related to operating a vehicle while intoxicated and
3providing a criminal penalty.
Analysis by the Legislative Reference Bureau
This bill imposes a mandatory minimum period of confinement in prison for
fifth and sixth offenses of operating a motor vehicle while intoxicated (OWI).
Under current law, it is an OWI offense to operate a motor vehicle while under
the influence of an intoxicant, a controlled substance, a controlled substance analog,
or any combination thereof, under the influence of any substance to a degree that
renders him or her incapable of safely driving, with a detectable amount of a
restricted controlled substance in his or her blood, or with a prohibited alcohol
concentration. Under current law, a person who commits a fifth or sixth OWI offense
is guilty of a Class G felony and may be fined up to $25,000, imprisoned for up to ten
years, or both. Under current law, a person who commits a fifth or sixth OWI offense
must be fined at least $600 and imprisoned for at least six months.
Under this bill, for a fifth or sixth OWI offense, a sentencing court is required
to impose a sentence that orders the person to spend at least 18 months confined in
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:
346.65 (2) (am) 5. of the statutes is amended to read:
(am) 5. Except as provided in pars. (f) and (g), is guilty of a Class G 3
felony and shall be fined not less than $600 and imprisoned for not less than 6 months
if the number of convictions under ss. 940.09 (1) and 940.25 in the person's lifetime, 5
plus the total number of suspensions, revocations and other convictions counted 6
under s. 343.307 (1), equals 5 or 6, except that suspensions, revocations or 7
convictions arising out of the same incident or occurrence shall be counted as one. 8The court shall impose a bifurcated sentence under s. 973.01, and the confinement
9portion of the bifurcated sentence imposed on the person shall be not less than one
10year and 6 months.
(1) This act first applies to violations committed or refusals occurring on the 13
effective date of this subsection, but does not preclude the counting of other 14
violations, convictions, suspensions, or revocations for purposes of administrative 15
action by the department of transportation, sentencing by a court, or revocation or 16
suspension of motor vehicle operating privileges.