LRB-0078/2
PJH:kjf:nwn
2007 - 2008 LEGISLATURE
May 29, 2007 - Introduced by Representatives Gundrum, Staskunas, A. Ott,
Lothian, Hines, J. Ott, Mursau, Townsend, Berceau and Petrowski,
cosponsored by Senator Leibham. Referred to Committee on Judiciary and
Ethics.
AB357,1,2
1An Act to amend 343.305 (8) (c) 1. and 343.305 (8) (c) 2. of the statutes;
relating
2to: judicial review of an administrative suspension of driving privileges.
Analysis by the Legislative Reference Bureau
Under current law, if a person is suspected of operating a vehicle while
intoxicated, under the influence of an intoxicant, or with a prohibited amount of
alcohol or a controlled substance in his or her blood (OWI-related offenses), he or she
may be required by a law enforcement officer to submit to chemical testing to
determine whether the person is operating a vehicle with a prohibited alcohol
concentration or a detectable amount of a controlled substance in his or her blood.
If the chemical test indicates a prohibited alcohol concentration or a detectable
amount of a controlled substance in the person's blood, then the law enforcement
officer takes possession of the person's driver's license and forwards it to the
Department of Transportation (DOT). The DOT suspends the person's driving
privilege for a period of six months.
Current law allows the person to request an administrative hearing to
determine whether the person's operating privilege was properly suspended. If the
conclusions of the administrative hearing are not acceptable to the person, current
law allows the person to have the determination reviewed by the court that is hearing
the OWI-related offense, at the same time the court conducts the trial of the
OWI-related offense.
Further, current law requires DOT to vacate the administrative suspension of
the person's operating privilege unless, within 60 days of the date of the request for
judicial review of the administrative hearing decision, DOT has been notified of the
result of the judicial review or of an order of the court entering a stay of the hearing
examiner's order continuing the suspension.
Under this bill, the court that hears the OWI-related offense may, but need not,
review the result of the administrative hearing at the time it hears the OWI-related
offense. Further, this bill requires DOT to sustain the administrative suspension of
the person's driving privilege unless it receives notification that a court has
rescinded the suspension.
For further information see the state 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:
AB357, s. 1
1Section
1. 343.305 (8) (c) 1. of the statutes is amended to read:
AB357,2,102
343.305
(8) (c) 1. An individual aggrieved by the determination of the hearing
3examiner may have the determination reviewed by the court hearing the action
4relating to the applicable violation listed under sub. (3) (a), (am), or (ar). If the
5individual seeks judicial review, he or she must file the request for judicial review
6with the court within 20 days of the issuance of the hearing examiner's decision. The
7court shall send a copy of that request to the department. The judicial review
shall 8may be conducted at the time of the trial of the underlying offense under s. 346.63.
9The prosecutor of the underlying offense shall represent the interests of the
10department.
AB357, s. 2
11Section
2. 343.305 (8) (c) 2. of the statutes is amended to read:
AB357,3,212
343.305
(8) (c) 2. The court shall order that the administrative suspension be
13either rescinded or sustained and forward its order to the department. The
14department shall
vacate sustain the administrative suspension under sub. (7)
15unless
, within 60 days of the date of the request for judicial review of the
16administrative hearing decision, the department has been notified of the result of the
1judicial review or of an order of the court
entering a stay of rescinding the hearing
2examiner's order
continuing the suspension.
