SB573,10,7
1885.235 (1) (a) 1. The fact that the analysis shows that there was more than
20.0% but less than 0.08% by weight of alcohol in the person's blood or more than 0.0
3grams but less than 0.08 grams of alcohol in 210 liters of the person's breath
the per
4son had an alcohol concentration of more than 0.0 but less than 0.08
is relevant evi
5dence on the issue of being under the combined influence of alcohol and a controlled
6substance or any other drug, but, except as provided in par. (d) or sub. (1m), is not
7to be given any prima facie effect.
SB573, s. 29 8Section 29. 885.235 (1) (a) 2. of the statutes is amended to read:
SB573,10,159 885.235 (1) (a) 2. The fact that the analysis shows that there was more than
100.0% but less than 0.1% by weight of alcohol in the person's blood or more than 0.0
11grams but less than 0.1 grams of alcohol in 210 liters of the person's breath
the person
12had an alcohol concentration of more than 0.0 but less than 0.1
is relevant evidence
13on the issue of being under the combined influence of alcohol and a controlled sub
14stance or any other drug but, except as provided in par. (d) or sub. (1m), is not to be
15given any prima facie effect.
SB573, s. 30 16Section 30. 885.235 (1) (b) of the statutes is amended to read:
SB573,10,2317 885.235 (1) (b) Except with respect to the operation of a commercial motor ve
18hicle as provided in par. (d), the fact that the analysis shows that there was more than
190.04% but less than 0.1% by weight of alcohol in the person's blood or more than 0.04
20grams but less than 0.1 grams of alcohol in 210 liters of the person's breath
the person
21had an alcohol concentration of more than 0.04 but less than 0.1
is relevant evidence
22on the issue of intoxication or an alcohol concentration of 0.1 or more but is not to be
23given any prima facie effect.
SB573, s. 31 24Section 31. 885.235 (1) (bd) of the statutes is amended to read:
SB573,11,7
1885.235 (1) (bd) Except with respect to the operation of a commercial motor ve
2hicle as provided in par. (d), the fact that the analysis shows that there was more than
30.04% but less than 0.08% by weight of alcohol in the person's blood or more than 0.04
4grams but less than 0.08 grams of alcohol in 210 liters of the person's breath
the per
5son had an alcohol concentration of more than 0.04 but less than 0.08
is relevant evi
6dence on the issue of intoxication or an alcohol concentration of 0.08 or more, but is
7not to be given any prima facie effect.
SB573, s. 32 8Section 32. 885.235 (1) (c) of the statutes is amended to read:
SB573,11,139 885.235 (1) (c) The fact that the analysis shows that there was 0.1% or more
10by weight of alcohol in the person's blood or 0.1 grams or more of alcohol in 210 liters
11of the person's breath
the person had an alcohol concentration of 0.1 or more is prima
12facie evidence that he or she was under the influence of an intoxicant and is prima
13facie evidence that he or she had an alcohol concentration of 0.1 or more.
SB573, s. 33 14Section 33. 885.235 (1) (cd) of the statutes is amended to read:
SB573,11,2115 885.235 (1) (cd) In cases involving persons who have 2 or more prior convic
16tions, suspensions or revocations, as counted under s. 343.307 (1), the fact that the
17analysis shows that there was 0.08% or more by weight of alcohol in the person's
18blood or 0.08 grams or more of alcohol in 210 liters of the person's breath
the person
19had an alcohol concentration of 0.08 or more
is prima facie evidence that he or she
20was under the influence of an intoxicant and is prima facie evidence that he or she
21had an alcohol concentration of 0.08 or more.
SB573, s. 34 22Section 34. 885.235 (1) (d) of the statutes is amended to read:
SB573,12,323 885.235 (1) (d) The fact that the analysis shows that there was 0.04% or more
24by weight of alcohol in the person's blood or 0.04 grams or more of alcohol in 210 liters
25of the person's breath
the person had an alcohol concentration of 0.04 or more is

1prima facie evidence that he or she was under the influence of an intoxicant with
2respect to operation of a commercial motor vehicle and is prima facie evidence that
3he or she had an alcohol concentration of 0.04 or more.
SB573, s. 35 4Section 35. 885.235 (1m) of the statutes is amended to read:
SB573,12,185 885.235 (1m) In any action under s. 23.33 (4c) (a) 3., 346.63 (2m) or (7) or
6350.101 (1) (c), evidence of the amount of alcohol in the person's blood at the time in
7question, as shown by chemical analysis of a sample of the person's blood or urine or
8evidence of the amount of alcohol in the person's breath, is admissible on the issue
9of whether he or she had a blood an alcohol concentration in the range specified in
10s. 23.33 (4c) (a) 3., 346.63 (2m) or 350.101 (1) (c) or a measured an alcohol concentra
11tion above 0.0 under s. 346.63 (7) if the sample was taken within 3 hours after the
12event to be proved. The fact that the analysis shows that there was more than 0.0%
13but not more than 0.1% by weight of alcohol in the person's blood or more than 0.0
14grams but not more than 0.1 grams of alcohol in 210 liters of the person's breath
the
15person had an alcohol concentration of more than 0.0 but not more than 0.1
is prima
16facie evidence that the person had a blood an alcohol concentration in the range spe
17cified in s. 23.33 (4c) (a) 3., 346.63 (2m) or 350.101 (1) (c) or a measured an alcohol
18concentration above 0.0 under s. 346.63 (7).
SB573, s. 36 19Section 36. 885.235 (4) of the statutes is amended to read:
SB573,12,2520 885.235 (4) The provisions of this section relating to the admissibility of chemi
21cal tests for alcohol concentration, or intoxication or blood alcohol concentration shall
22not be construed as limiting the introduction of any other competent evidence bear
23ing on the question of whether or not a person was under the influence of an intoxi
24cant, had a specified alcohol concentration or had a blood an alcohol concentration
25in the range specified in s. 23.33 (4c) (a) 3., 346.63 (2m) or 350.101 (1) (c).
SB573, s. 37
1Section 37. 905.04 (4) (f) of the statutes is amended to read:
SB573,13,42 905.04 (4) (f) Tests for intoxication. There is no privilege concerning the results
3of or circumstances surrounding any chemical tests for intoxication or blood alcohol
4concentration, as defined in s. 340.01 (1v).
SB573, s. 38 5Section 38. 939.22 (3) of the statutes is created to read:
SB573,13,66 939.22 (3) "Alcohol concentration" has the meaning given in s. 340.01 (1v).
SB573, s. 39 7Section 39. 940.09 (1g) (b) of the statutes is amended to read:
SB573,13,118 940.09 (1g) (b) Causes the death of another by the operation or handling of a
9firearm or airgun while the person has a blood an alcohol concentration of 0.1% 0.1
10or more by weight of alcohol in that person's blood or 0.10 grams or more of alcohol
11in 210 liters of that person's breath
.
SB573, s. 40 12Section 40. 940.09 (2) of the statutes is amended to read:
SB573,13,1713 940.09 (2) The defendant has a defense if he or she proves by a preponderance
14of the evidence that the death would have occurred even if he or she had been exercis
15ing due care and he or she had not been under the influence of an intoxicant or did
16not have a blood an alcohol concentration described under sub. (1) (b) or (bm) or (1g)
17(b).
SB573, s. 41 18Section 41. 940.25 (2) of the statutes is amended to read:
SB573,13,2319 940.25 (2) The defendant has a defense if he or she proves by a preponderance
20of the evidence that the great bodily harm would have occurred even if he or she had
21been exercising due care and he or she had not been under the influence of an intoxi
22cant or did not have a blood an alcohol concentration described under sub. (1) (b) or
23(bm).
SB573, s. 42 24Section 42. 967.055 (1) (b) of the statutes is amended to read:
SB573,14,6
1967.055 (1) (b) The legislature intends to encourage the vigorous prosecution
2of offenses concerning the operation of motorboats by persons under the influence of
3an intoxicant, a controlled substance or both to a degree which renders him or her
4incapable of operating a motorboat safely, or under the combined influence of an in
5toxicant and any other drug to a degree which renders him or her incapable of operat
6ing a motorboat safely or having a blood an alcohol concentration of 0.1% 0.1 or more.
SB573,14,77 (End)
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