LRB-3334/1
PJH:jld:pg
2001 - 2002 LEGISLATURE
December 17, 2001 - Introduced by Representatives Stone, Montgomery, Albers,
Berceau, J. Fitzgerald, Gunderson, Hines, Krawczyk, Leibham, Loeffelholz,
D. Meyer, Plale, Starzyk, Staskunas, Townsend, Turner, Urban, Vrakas,
Walker and Wieckert, cosponsored by Senators Darling, Harsdorf and
Roessler. Referred to Committee on Highway Safety.
AB683,1,2
1An Act to amend 346.65 (2) (e) of the statutes;
relating to: driving while under
2the influence of an intoxicant and providing a penalty.
Analysis by the Legislative Reference Bureau
Under current law, the penalties that a person is subject to for the offense of
driving while under the influence of an intoxicant (OWI) depend on the number of
OWI-related convictions, suspensions, or revocations that were imposed on the
person during the previous ten-year period. Currently, if a person is convicted of an
OWI-related offense and he or she has four or more prior OWI-related convictions,
suspensions, or revocations within the past ten years, the person is subject to
imprisonment for not less than six months nor more than five years, in addition to
a fine, and having his or her vehicle seized or immobilized and his or her motor
vehicle operating privilege revoked for two to three years. This bill increases the
minimum period of imprisonment from six months to one year.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB683, s. 1
3Section
1. 346.65 (2) (e) of the statutes is amended to read:
AB683,2,54
346.65
(2) (e) Except as provided in pars. (f) and (g), shall be fined not less than
5$600 nor more than $2,000 and imprisoned for not less than
6 months one year nor
1more than 5 years if the number of convictions under ss. 940.09 (1) and 940.25 in the
2person's lifetime, plus the total number of suspensions, revocations and other
3convictions counted under s. 343.307 (1), equals 5 or more, except that suspensions,
4revocations or convictions arising out of the same incident or occurrence shall be
5counted as one.
AB683,2,117
(1) This act first applies to violations committed on the effective date of this
8subsection, but does not preclude the counting of other convictions, suspensions, or
9revocations as prior convictions, suspensions, or revocations for purposes of
10administrative action by the department of transportation, sentencing by a court, or
11revocation or suspension of motor vehicle operating privileges.
