AB88: Bill Text

LRB-1356/1

PJH:kjf&jld:cph

2003 - 2004 LEGISLATURE

2003 Assembly BILL 88

February 20, 2003 - Introduced by Representatives Ainsworth, Bies, Berceau, Gottlieb, J. Lehman, Olsen, Owens and Townsend, cosponsored by Senator Roessler. Referred to Committee on Transportation.

AB88,1,9 An Act to repeal 340.01 (46m) (b), 885.235 (1g) (a) 2., 885.235 (1g) (bd) and 885.235 (1g) (cd); to renumber 885.235 (1g) (a) 1.; and to amend 23.33 (4c) (a) 2., 23.33 (4c) (a) 3., 23.33 (4c) (b) 2., 23.33 (4c) (b) 4., 30.681 (1) (b) 1., 30.681 (1) (bn), 30.681 (2) (b) 1., 30.681 (2) (d) 1., 340.01 (46m) (a), 343.31 (1) (ar), 346.63 (2m), 346.63 (5) (a), 346.63 (6) (a), 350.101 (1) (b), 350.101 (1) (c), 350.101 (2) (b), 350.101 (2) (d), 885.235 (1g) (b), 885.235 (1g) (c), 885.235 (1m), 940.09 (1) (bm), 940.09 (1) (e), 940.09 (1g) (b), 940.09 (1g) (d), 940.25 (1) (bm), 940.25 (1) (e), 949.08 (2) (em) and 967.055 (1) (b) of the statutes; relating to: prohibited alcohol concentration.

Analysis by the Legislative Reference Bureau

Under current law, a person may not operate a motor vehicle if he or she has an alcohol concentration of 0.1 or more. If a person has two convictions relating to operating a motor vehicle with a prohibited alcohol concentration, he or she may not operate a motor vehicle if he or she has an alcohol concentration of 0.08 or more. If a person has three or more convictions relating to operating a motor vehicle with a prohibited alcohol concentration, he or she may not operate a motor vehicle if he or she has an alcohol concentration of 0.02 or more.

Also under current law, a person may not operate an all-terrain vehicle, a snowmobile, or a boat if he or she has an alcohol concentration of 0.1 or more.

This bill changes the prohibited alcohol concentration from 0.1 to 0.08 for a person with one or no prior convictions relating to operating a motor vehicle with a prohibited alcohol concentration and from 0.1 to 0.08 for a person operating an all- terrain vehicle, a snowmobile, or a boat.

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:

AB88, s. 1 Section 1. 23.33 (4c) (a) 2. of the statutes is amended to read:

AB88,2,4 23.33 (4c) (a) 2. `Operating with alcohol concentrations at or above specified levels.' No person may engage in the operation of an all-terrain vehicle while the person has an alcohol concentration of 0.1 0.08 or more.

AB88, s. 2 Section 2. 23.33 (4c) (a) 3. of the statutes is amended to read:

AB88,2,9 23.33 (4c) (a) 3. `Operating with alcohol concentrations at specified levels; below age 19.' If a person has not attained the age of 19, the person may not engage in the operation of an all-terrain vehicle while he or she has an alcohol concentration of more than 0.0 but not more than 0.1 0.08.

AB88, s. 3 Section 3. 23.33 (4c) (b) 2. of the statutes is amended to read:

AB88,2,13 23.33 (4c) (b) 2. `Causing injury with alcohol concentrations at or above specified levels.' No person who has an alcohol concentration of 0.1 0.08 or more may cause injury to another person by the operation of an all-terrain vehicle.

AB88, s. 4 Section 4. 23.33 (4c) (b) 4. of the statutes is amended to read:

AB88,3,2 23.33 (4c) (b) 4. `Defenses.' In an action under this paragraph, the defendant has a defense if he or she proves by a preponderance of the evidence that the injury would have occurred even if he or she had been exercising due care and he or she had not been under the influence of an intoxicant or did not have an alcohol concentration of 0.1 0.08 or more.

AB88, s. 5 Section 5. 30.681 (1) (b) 1. of the statutes is amended to read:

AB88,3,6 30.681 (1) (b) 1. No person may engage in the operation of a motorboat while the person has an alcohol concentration of 0.1 0.08 or more. This subdivision does not apply to commercial motorboats.

AB88, s. 6 Section 6. 30.681 (1) (bn) of the statutes is amended to read:

AB88,3,11 30.681 (1) (bn) Operating with alcohol concentrations at specified levels; below legal drinking age. A person who has not attained the legal drinking age, as defined in s. 125.02 (8m), may not engage in the operation of a motorboat while he or she has a blood alcohol concentration of more than 0.0 but less than 0.1 0.08.

AB88, s. 7 Section 7. 30.681 (2) (b) 1. of the statutes is amended to read:

AB88,3,15 30.681 (2) (b) 1. No person who has an alcohol concentration of 0.1 0.08 or more may cause injury to another person by the operation of a motorboat. This subdivision does not apply to commercial motorboats.

AB88, s. 8 Section 8. 30.681 (2) (d) 1. of the statutes is amended to read:

AB88,3,22 30.681 (2) (d) 1. In an action under this subsection for a violation of the intoxicated boating law where the defendant was operating a motorboat that is not a commercial motorboat, the defendant has a defense if he or she proves by a preponderance of the evidence that the injury would have occurred even if he or she had been exercising due care and he or she had not been under the influence of an intoxicant or did not have an alcohol concentration of 0.1 0.08 or more.

AB88, s. 9 Section 9. 340.01 (46m) (a) of the statutes is amended to read:

AB88,4,3 340.01 (46m) (a) If the person has one or no 2 or fewer prior convictions, suspensions, or revocations, as counted under s. 343.307 (1), an alcohol concentration of 0.1 0.08 or more.

AB88, s. 10 Section 10. 340.01 (46m) (b) of the statutes is repealed.

AB88, s. 11 Section 11. 343.31 (1) (ar) of the statutes is amended to read:

AB88,4,8 343.31 (1) (ar) Injury by the operation of a commercial motor vehicle while the person has an alcohol concentration of 0.04 or more but less than 0.1 0.08 and which is criminal under s. 346.63 (6).

AB88, s. 12 Section 12. 346.63 (2m) of the statutes is amended to read:

AB88,4,17 346.63 (2m) If a person has not attained the legal drinking age, as defined in s. 125.02 (8m), the person may not drive or operate a motor vehicle while he or she has an alcohol concentration of more than 0.0 but not more than 0.1 0.08. One penalty for violation of this subsection is suspension of a person's operating privilege under s. 343.30 (1p). The person is eligible for an occupational license under s. 343.10 at any time. If a person arrested for a violation of this subsection refuses to take a test under s. 343.305, the refusal is a separate violation and the person is subject to revocation of the person's operating privilege under s. 343.305 (10) (em).

AB88, s. 13 Section 13. 346.63 (5) (a) of the statutes is amended to read:

AB88,4,20 346.63 (5) (a) No person may drive or operate a commercial motor vehicle while the person has an alcohol concentration of 0.04 or more but less than 0.1 0.08.

AB88, s. 14 Section 14. 346.63 (6) (a) of the statutes is amended to read:

AB88,4,24 346.63 (6) (a) No person may cause injury to another person by the operation of a commercial motor vehicle while the person has an alcohol concentration of 0.04 or more but less than 0.1 0.08.

AB88, s. 15 Section 15. 350.101 (1) (b) of the statutes is amended to read:

AB88,5,3 350.101 (1) (b) Operating with alcohol concentrations at or above specified levels. No person may engage in the operation of a snowmobile while the person has an alcohol concentration of 0.1 0.08 or more.

AB88, s. 16 Section 16. 350.101 (1) (c) of the statutes is amended to read:

AB88,5,8 350.101 (1) (c) Operating with alcohol concentrations at specified levels; below age 19. If a person has not attained the age of 19, the person may not engage in the operation of a snowmobile while he or she has an alcohol concentration of more than 0.0 but not more than 0.1 0.08.

AB88, s. 17 Section 17. 350.101 (2) (b) of the statutes is amended to read:

AB88,5,12 350.101 (2) (b) Causing injury with alcohol concentrations at or above specified levels. No person who has an alcohol concentration of 0.1 0.08 or more may cause injury to another person by the operation of a snowmobile.

AB88, s. 18 Section 18. 350.101 (2) (d) of the statutes is amended to read:

AB88,5,18 350.101 (2) (d) Defenses. In an action under this subsection, the defendant has a defense if he or she proves by a preponderance of the evidence that the injury would have occurred even if he or she had been exercising due care and he or she had not been under the influence of an intoxicant or did not have an alcohol concentration of 0.1 0.08 or more.

AB88, s. 19 Section 19. 885.235 (1g) (a) 1. of the statutes is renumbered 885.235 (1g) (a).

AB88, s. 20 Section 20. 885.235 (1g) (a) 2. of the statutes is repealed.