The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB151, s. 1 1Section 1. 85.54 of the statutes is created to read:
AB151,5,2 285.54 Intoxicated driver deterrence. (1) The department shall make
3efforts to deter the intoxicated operation of motor vehicles in this state. The
4department's efforts may include any program designed to provide high visibility of

1law enforcement on those highways where the department determines that drivers
2are most likely to operate motor vehicles while intoxicated.
AB151,5,9 3(2) No later than the end of the 2nd month after receiving a record of conviction
4showing that a person has been convicted under s. 346.63 (1) or a local ordinance in
5conformity with s. 346.63 (1), the department shall cause a class 1 notice, under ch.
6985, to be published in a county where the conviction occurred or the person resides.
7This notice shall contain the person's name, age, and last-known residence address
8and the total number of times the person has been convicted under s. 346.63 (1) or
9a local ordinance in conformity with s. 346.63 (1).
AB151, s. 2 10Section 2. 343.10 (5) (a) 3. of the statutes is amended to read:
AB151,6,211 343.10 (5) (a) 3. If the applicant has 2 or more prior convictions, suspensions,
12or revocations, as counted under s. 343.307 (1), the
The occupational license of the
13applicant shall restrict the applicant's operation under the occupational license to
14vehicles that are equipped with a functioning ignition interlock device if the court
15has ordered under s. 343.301 (1) (a) 1. or 2. that the person's operating privilege for
16Class D vehicles be restricted to operating vehicles that are equipped with an
17ignition interlock device or has ordered under s. 346.65 (6) (a) 1., 1999 stats., that the
18motor vehicle owned by the person and used in the violation or improper refusal be
19equipped with an ignition interlock device. A person to whom a restriction under this
20subdivision applies violates that restriction if he or she requests or permits another
21to blow into an ignition interlock device or to start a motor vehicle equipped with an
22ignition interlock device for the purpose of providing the person an operable motor
23vehicle without the necessity of first submitting a sample of his or her breath to
24analysis by the ignition interlock device. If the occupational license restricts the
25applicant's operation to a vehicle that is equipped with an ignition interlock device,

1the applicant shall be liable for the reasonable costs of equipping the vehicle with the
2ignition interlock device.
AB151, s. 3 3Section 3. 343.30 (1q) (b) 2. of the statutes is amended to read:
AB151,6,74 343.30 (1q) (b) 2. Except as provided in subd. 3., 4. or 4m., for the first
5conviction, the court shall revoke the person's operating privilege for not less than
66 months one year nor more than 9 18 months. The person is eligible for an
7occupational license under s. 343.10 at any time.
AB151, s. 4 8Section 4. 343.30 (1q) (b) 3. of the statutes is amended to read:
AB151,6,189 343.30 (1q) (b) 3. Except as provided in subd. 4m., if the number of convictions
10under ss. 940.09 (1) and 940.25 in the person's lifetime, plus the total number of other
11convictions, suspensions, and revocations counted under s. 343.307 (1) within a
1210-year period, equals 2, the court shall revoke the person's operating privilege for
13not less than one year 2 years nor more than 18 months 3 years. After the first 60
14days of the revocation period or, if the total number of convictions, suspensions, and
15revocations counted under this subdivision within any 5-year period equals 2 or
16more, after one year of the revocation period has elapsed, the person is eligible for
17an occupational license under s. 343.10 if he or she has completed the assessment and
18is complying with the driver safety plan ordered under par. (c).
AB151, s. 5 19Section 5. 343.30 (1q) (b) 4. of the statutes is amended to read:
AB151,7,420 343.30 (1q) (b) 4. Except as provided in subd. 4m., if the number of convictions
21under ss. 940.09 (1) and 940.25 in the person's lifetime, plus the total number of other
22convictions, suspensions, and revocations counted under s. 343.307 (1), equals 3 or
23more, the court shall revoke the person's operating privilege for not less than 2 3
24years nor more than 3 4 years. After the first 90 days of the revocation period or, if
25the total number of convictions, suspensions, and revocations counted under this

1subdivision within any 5-year period equals 2 or more, after one year of the
2revocation period has elapsed, the person is eligible for an occupational license under
3s. 343.10 if he or she has completed the assessment and is complying with the driver
4safety plan ordered under par. (c).
AB151, s. 6 5Section 6. 343.30 (1q) (d) of the statutes is amended to read:
AB151,8,246 343.30 (1q) (d) The assessment report shall order compliance with a driver
7safety plan. The report shall inform the person of the fee provisions under s. 46.03
8(18) (f). The driver safety plan may include a component that makes the person
9aware of the effect of his or her offense on a victim and a victim's family. The driver
10safety plan may include treatment for the person's misuse, abuse, or dependence on
11alcohol, controlled substances, or controlled substance analogs, or attendance at a
12school under s. 345.60, or both. If the person has a total of one or more prior
13convictions, suspensions, or revocations counted under s. 343.307 (1), the driver
14safety plan shall include treatment for the person's misuse, abuse, or dependence on
15alcohol, controlled substances, or controlled substance analogs, or attendance at a
16school under s. 345.60, or both.
If the plan requires inpatient treatment, the
17treatment shall not exceed 30 days. A driver safety plan under this paragraph shall
18include a termination date consistent with the plan which shall not extend beyond
19one year. The county department under s. 51.42 shall assure notification of the
20department of transportation and the person of the person's compliance or
21noncompliance with assessment and with treatment. The school under s. 345.60
22shall notify the department, the county department under s. 51.42 and the person
23of the person's compliance or noncompliance with the requirements of the school.
24Nonpayment of the assessment fee or, if the person has the ability to pay,
25nonpayment of the driver safety plan fee is noncompliance with the court order. If

1the department is notified of any noncompliance, other than for nonpayment of the
2assessment fee or driver safety plan fee, it shall revoke the person's operating
3privilege until the county department under s. 51.42 or the school under s. 345.60
4notifies the department that the person is in compliance with assessment or the
5driver safety plan. If the department is notified that a person has not paid the
6assessment fee, or that a person with the ability to pay has not paid the driver safety
7plan fee, the department shall suspend the person's operating privilege for a period
8of 2 years or until it receives notice that the person has paid the fee, whichever occurs
9first. The department shall notify the person of the suspension or revocation, the
10reason for the suspension or revocation and the person's right to a review. A person
11may request a review of a revocation based upon failure to comply with a driver safety
12plan within 10 days of notification. The review shall be handled by the subunit of
13the department of transportation designated by the secretary. The issues at the
14review are limited to whether the driver safety plan, if challenged, is appropriate and
15whether the person is in compliance with the assessment order or the driver safety
16plan. The review shall be conducted within 10 days after a request is received. If the
17driver safety plan is determined to be inappropriate, the department shall order a
18reassessment and if the person is otherwise eligible, the department shall reinstate
19the person's operating privilege. If the person is determined to be in compliance with
20the assessment or driver safety plan, and if the person is otherwise eligible, the
21department shall reinstate the person's operating privilege. If there is no decision
22within the 10-day period, the department shall issue an order reinstating the
23person's operating privilege until the review is completed, unless the delay is at the
24request of the person seeking the review.
AB151, s. 7 25Section 7. 343.301 (title) of the statutes is amended to read:
AB151,9,2
1343.301 (title) Installation of ignition interlock device or
2immobilization of a motor vehicle
.
AB151, s. 8 3Section 8. 343.301 (1) (title) of the statutes is repealed.
AB151, s. 9 4Section 9. 343.301 (1) (a) 1. of the statutes is renumbered 343.301 (1) (a) and
5amended to read:
AB151,9,146 343.301 (1) (a) Except as provided in subd. 2., if If a person improperly refuses
7to take a test under s. 343.305 or
violates s. 346.63 (1) or (2), 940.09 (1), or 940.25,
8and the person has a total of one or more prior convictions, suspensions, or
9revocations, counting convictions under ss. 940.09 (1) and 940.25 in the person's
10lifetime and other convictions, suspensions, and revocations counted under s.
11343.307 (1)
an alcohol concentration of less than 0.12 at the time of the offense, the
12court may order that the person's operating privilege for the operation of "Class D"
13vehicles be restricted to operating "Class D" vehicles that are equipped with an
14ignition interlock device.
AB151, s. 10 15Section 10. 343.301 (1) (a) 2. of the statutes is renumbered 343.301 (1) (bm)
16and amended to read:
AB151,9,2517 343.301 (1) (bm) If Except as provided in par. (a), if a person improperly refuses
18to take a test under s. 343.305 or violates s. 346.63 (1) or (2), 940.09 (1), or 940.25,
19and the person has a total of 2 or more convictions, suspensions, or revocations,
20counted under s. 343.307 (1) within any 5-year period
, the court shall order that the
21person's operating privilege for the operation of "Class D" vehicles be restricted to
22operating vehicles that are equipped with an ignition interlock device and shall order
23that each motor vehicle for which the person's name appears on the vehicle's
24certificate of title or registration be equipped with an ignition interlock device. If
25equipping each motor vehicle with an ignition interlock device under this subdivision

1paragraph would cause an undue financial hardship, the court may order that one
2or more motor vehicles subject to this subdivision paragraph not be equipped with
3an ignition interlock device. This subdivision paragraph does not apply if the court
4enters an order under sub. (2) (a) 2. or,
if the person has 2 or more prior convictions,
5suspensions, or revocations for purposes of this subdivision paragraph, to the motor
6vehicle owned by the person and used in the violation or refusal if the court orders
7the vehicle to be seized and forfeited under s. 346.65 (6).
AB151, s. 11 8Section 11. 343.301 (1) (b) 1. and 2. of the statutes are consolidated,
9renumbered 343.301 (2m) and amended to read:
AB151,10,1910 343.301 (2m) The court may shall restrict the operating privilege restriction
11under par. (a) 1. sub. (1) for a period of not less than one year nor more than the
12maximum operating privilege revocation period permitted for the refusal or
13violation. 2. The court shall order the operating privilege restriction and the
14installation of an ignition interlock device under par. (a) 2. for a period of not less than
15one year nor more than the maximum operating privilege revocation period
16permitted for the refusal or violation,
beginning one year after the operating
17privilege revocation period begins
on the date that the department issues any license
18granted under this chapter. The court may order the installation of an ignition
19interlock device under sub. (1) immediately upon issuing an order under sub. (1)
.
AB151, s. 12 20Section 12. 343.301 (1) (c) of the statutes is renumbered 343.301 (3) and
21amended to read:
AB151,10,2422 343.301 (3) If the court enters an order under par. (a) sub. (1), the person shall
23be liable for the reasonable cost of equipping and maintaining any ignition interlock
24device installed on his or her motor vehicle.
AB151, s. 13
1Section 13. 343.301 (1) (d) of the statutes is renumbered 343.301 (4) and
2amended to read:
AB151,11,83 343.301 (4) A person to whom an order under par. (a) sub. (1) applies violates
4that order if he or she requests or permits another to blow into an ignition interlock
5device or to start a motor vehicle equipped with an ignition interlock device for the
6purpose of providing the person an operable motor vehicle without the necessity of
7first submitting a sample of his or her breath to analysis by the ignition interlock
8device.
AB151, s. 14 9Section 14. 343.301 (2) of the statutes is repealed.
AB151, s. 15 10Section 15. 343.305 (10) (d) of the statutes is amended to read:
AB151,13,411 343.305 (10) (d) The assessment report shall order compliance with a driver
12safety plan. The report shall inform the person of the fee provisions under s. 46.03
13(18) (f). The driver safety plan may include a component that makes the person
14aware of the effect of his or her offense on a victim and a victim's family. The driver
15safety plan may include treatment for the person's misuse, abuse, or dependence on
16alcohol, controlled substances, or controlled substance analogs, or attendance at a
17school under s. 345.60, or both. If the person has a total of one or more prior
18convictions, suspensions, or revocations counted under s. 343.307 (1), the driver
19safety plan shall include treatment for the person's misuse, abuse, or dependence on
20alcohol, controlled substances, or controlled substance analogs, or attendance at a
21school under s. 345.60, or both.
If the plan requires inpatient treatment, the
22treatment shall not exceed 30 days. A driver safety plan under this paragraph shall
23include a termination date consistent with the plan which shall not extend beyond
24one year. The county department under s. 51.42 shall assure notification of the
25department of transportation and the person of the person's compliance or

1noncompliance with assessment and treatment. The school under s. 345.60 shall
2notify the department, the county department under s. 51.42 and the person of the
3person's compliance or noncompliance with the requirements of the school.
4Nonpayment of the assessment fee or, if the person has the ability to pay,
5nonpayment of the driver safety plan fee is noncompliance with the court order. If
6the department is notified of noncompliance, other than for nonpayment of the
7assessment fee or driver safety plan fee, it shall revoke the person's operating
8privilege until the county department under s. 51.42 or the school under s. 345.60
9notifies the department that the person is in compliance with assessment or the
10driver safety plan. If the department is notified that a person has not paid the
11assessment fee, or that a person with the ability to pay has not paid the driver safety
12plan fee, the department shall suspend the person's operating privilege for a period
13of 2 years or until it receives notice that the person has paid the fee, whichever occurs
14first. The department shall notify the person of the suspension or revocation, the
15reason for the suspension or revocation and the person's right to a review. A person
16may request a review of a revocation based upon failure to comply with a driver safety
17plan within 10 days of notification. The review shall be handled by the subunit of
18the department of transportation designated by the secretary. The issues at the
19review are limited to whether the driver safety plan, if challenged, is appropriate and
20whether the person is in compliance with the assessment order or the driver safety
21plan. The review shall be conducted within 10 days after a request is received. If the
22driver safety plan is determined to be inappropriate, the department shall order a
23reassessment and if the person is otherwise eligible, the department shall reinstate
24the person's operating privilege. If the person is determined to be in compliance with
25the assessment or driver safety plan, and if the person is otherwise eligible, the

1department shall reinstate the person's operating privilege. If there is no decision
2within the 10-day period, the department shall issue an order reinstating the
3person's operating privilege until the review is completed, unless the delay is at the
4request of the person seeking the review.
AB151, s. 16 5Section 16. 343.305 (10m) (a) of the statutes is amended to read:
AB151,13,156 343.305 (10m) (a) Except as provided in par. (b), if the person whose person's
7operating privilege is revoked under sub. (10) has one or more prior convictions,
8suspensions, or revocations, as counted under s. 343.307 (1)
, the procedure under s.
9343.301 shall be followed if the court enters an order regarding operating privilege
10restriction or enters an order regarding immobilization. If the number of convictions
11under ss. 940.09 (1) and 940.25 in the lifetime of the person whose operating privilege
12is revoked under sub. (10), plus the total number of other convictions, suspensions,
13and revocations counted under s. 343.307 (1), equals 2 or more, the procedure under
14s. 346.65 (6) shall be followed if the court orders seizure and forfeiture of the motor
15vehicle used in the improper refusal and owned by the person.
AB151, s. 17 16Section 17. 343.305 (10m) (b) of the statutes is amended to read:
AB151,14,217 343.305 (10m) (b) If the person whose operating privilege is revoked under sub.
18(10) has 2 or more convictions, suspensions, or revocations, as counted under s.
19343.307 (1) within any 5-year period, the procedure under s. 343.301 shall be
20followed if the court enters an order regarding operating privilege restriction and the
21installation of an ignition interlock device or enters an order regarding
22immobilization
. If the number of convictions under ss. 940.09 (1) and 940.25 in the
23lifetime of the person whose operating privilege is revoked under sub. (10), plus the
24total number of other convictions, suspensions, and revocations counted under s.
25343.307 (1), equals 2 or more, the procedure under s. 346.65 (6) shall be followed if

1the court orders seizure and forfeiture of the motor vehicle used in the improper
2refusal and owned by the person.
AB151, s. 18 3Section 18. 346.65 (2) (am) 1. of the statutes is amended to read:
AB151,14,64 346.65 (2) (am) 1. Shall If the person had an alcohol concentration of less than
50.12, shall
forfeit not less than $150 $500 nor more than $300 $2,500, except as
6provided in subds. 2. to 5. 7. and par. (f).
AB151, s. 19 7Section 19. 346.65 (2) (am) 1m. of the statutes is created to read:
AB151,14,118 346.65 (2) (am) 1m. If the person had an alcohol concentration of 0.12 or more,
9shall be fined not less than $500 nor more than $2,500 and imprisoned for not less
10than 5 days nor more than 6 months, except as provided in subds. 2. to 7. and par.
11(f).
AB151, s. 20 12Section 20. 346.65 (2) (am) 2. of the statutes is amended to read:
AB151,14,1913 346.65 (2) (am) 2. Except as provided in pars. (bm) and (f), shall be fined not
14less than $350 $700 nor more than $1,100 $2,500 and imprisoned for not less than
155 15 days nor more than 6 9 months if the number of convictions under ss. 940.09 (1)
16and 940.25 in the person's lifetime, plus the total number of suspensions,
17revocations, and other convictions counted under s. 343.307 (1) within a 10-year
18period, equals 2, except that suspensions, revocations, or convictions arising out of
19the same incident or occurrence shall be counted as one.
AB151, s. 21 20Section 21. 346.65 (2) (am) 3. of the statutes is amended to read:
AB151,15,221 346.65 (2) (am) 3. Except as provided in pars. (cm), (f), and (g), shall be fined
22not less than $600 $1000 nor more than $2,000 $2,500 and imprisoned for not less
23than 30 60 days nor more than one year in the county jail if the number of convictions
24under ss. 940.09 (1) and 940.25 in the person's lifetime, plus the total number of
25suspensions, revocations, and other convictions counted under s. 343.307 (1), equals

13, except that suspensions, revocations, or convictions arising out of the same
2incident or occurrence shall be counted as one.
AB151, s. 22 3Section 22. 346.65 (2) (am) 4. of the statutes is amended to read:
AB151,15,104 346.65 (2) (am) 4. Except as provided in pars. (f) and (g), is guilty of a Class I
5felony and
shall be fined not less than $600 nor more than $2,000 $1,500 and
6imprisoned for not less than 60 days nor more than one year in the county jail if the
7number of convictions under ss. 940.09 (1) and 940.25 in the person's lifetime, plus
8the total number of suspensions, revocations and other convictions counted under s.
9343.307 (1), equals 4, except that suspensions, revocations or convictions arising out
10of the same incident or occurrence shall be counted as one.
AB151, s. 23 11Section 23. 346.65 (2) (am) 5. of the statutes is amended to read:
AB151,15,1812 346.65 (2) (am) 5. Except as provided in pars. (f) and (g), is guilty of a Class H
13felony and shall be fined not less than $600 $2,000 and imprisoned for not less than
146 months 2 years if the number of convictions under ss. 940.09 (1) and 940.25 in the
15person's lifetime, plus the total number of suspensions, revocations and other
16convictions counted under s. 343.307 (1), equals 5 or 6, except that suspensions,
17revocations or convictions arising out of the same incident or occurrence shall be
18counted as one.
AB151, s. 24 19Section 24. 346.65 (2) (am) 5m. of the statutes is created to read:
AB151,15,2520 346.65 (2) (am) 5m. Except as provided in pars. (f) and (g), is guilty of a Class
21G felony and shall be fined not less than $2,500 and imprisoned for not less than 3
22years if the number of convictions under ss. 940.09 (1) and 940.25 in the person's
23lifetime, plus the total number of suspensions, revocations, and other convictions
24counted under s. 343.307 (1), equals 6, except that suspensions, revocations, or
25convictions arising out of the same incident or occurrence shall be counted as one.
AB151, s. 25
1Section 25. 346.65 (2) (am) 6. of the statutes is amended to read:
AB151,16,72 346.65 (2) (am) 6. Except as provided in par. (f), is guilty of a Class G F felony
3and shall be fined not less than $3,000 and imprisoned for not less than 4 years if the
4number of convictions under ss. 940.09 (1) and 940.25 in the person's lifetime, plus
5the total number of suspensions, revocations, and other convictions counted under
6s. 343.307 (1), equals 7, 8, or 9, except that suspensions, revocations, or convictions
7arising out of the same incident or occurrence shall be counted as one.
AB151, s. 26 8Section 26. 346.65 (2) (am) 7. of the statutes is amended to read:
AB151,16,149 346.65 (2) (am) 7. Except as provided in par. (f), is guilty of a Class F E felony
10and shall be fined not less than $3,500 and imprisoned for not less than 5 years if the
11number of convictions under ss. 940.09 (1) and 940.25 in the person's lifetime, plus
12the total number of suspensions, revocations, and other convictions counted under
13s. 343.307 (1), equals 10 or more except that suspensions, revocations, or convictions
14arising out of the same incident or occurrence shall be counted as one.
AB151, s. 27 15Section 27. 346.65 (6) (a) 1. of the statutes is amended to read:
AB151,17,316 346.65 (6) (a) 1. The court may order a law enforcement officer to seize the
17motor vehicle used in the violation or improper refusal and owned by the person
18whose operating privilege is revoked under s. 343.305 (10) or who committed a
19violation of s. 346.63 (1) (a), (am), or (b) or (2) (a) 1., 2., or 3., 940.09 (1) (a), (am), (b),
20(c), (cm), or (d), or 940.25 (1) (a), (am), (b), (c), (cm), or (d) if the person whose operating
21privilege is revoked under s. 343.305 (10) or who is convicted of the violation has 2
22or more prior suspensions, revocations, or convictions, counting convictions under ss.
23940.09 (1) and 940.25 in the person's lifetime, plus other convictions, suspensions,
24or revocations counted under s. 343.307 (1). The court may not order a motor vehicle
25seized if the court enters an order under s. 343.301 to immobilize the motor vehicle

1or
equip the motor vehicle with an ignition interlock device or if seizure would result
2in undue hardship or extreme inconvenience or would endanger the health and
3safety of a person.
AB151, s. 28 4Section 28. 346.70 (3m) (b) of the statutes is amended to read:
AB151,17,115 346.70 (3m) (b) The department shall tabulate and may analyze all accident
6reports and shall publish annually monthly or at more frequent intervals statistical
7information based thereon as to the number and circumstances of traffic accidents.
8The reports shall include a tabulation of the number of accidents in which the
9consumption of intoxicants or other drugs were contributing factors to the accidents
10and information as to the amounts of intoxicants or other drugs that were in the blood
11of the drivers involved in the accidents.
AB151, s. 29 12Section 29. 347.417 (1) of the statutes is amended to read:
AB151,17,1713 347.417 (1) No person may remove, disconnect, tamper with, or otherwise
14circumvent the operation of any immobilization device installed in response to a
15court order under s. 346.65 (6), 1999 stats., or s. 343.301 (2), 2007 stats. This
16subsection does not apply to the removal of an immobilization device pursuant to a
17court order or to necessary repairs to a malfunctioning immobilization device.
AB151, s. 30 18Section 30. 347.417 (2) of the statutes is amended to read:
AB151,17,2319 347.417 (2) The department shall design a warning label which shall be affixed
20by the owner of each immobilization device before the device is used to immobilize
21any motor vehicle under s. 346.65 (6), 1999 stats., or s. 343.301 (2), 2007 stats. The
22label shall provide notice of the penalties for removing, disconnecting, tampering
23with, or otherwise circumventing the operation of the immobilization device.
AB151, s. 31 24Section 31. 940.09 (1d) (a) 1. of the statutes is amended to read:
AB151,18,8
1940.09 (1d) (a) 1. Except as provided in subd. 2., if the person who committed
2an offense under sub. (1) (a), (am), (b), (c), (cm), or (d) has 2 or more prior convictions,
3suspensions, or revocations, counting convictions under sub. (1) and s. 940.25 in the
4person's lifetime, plus other convictions, suspensions, or revocations counted under
5s. 343.307 (1)
had an alcohol concentration of less than 0.12 or more at the time of
6the offense
, the procedure under s. 343.301 (1) (a) shall be followed if the court enters
7an order regarding operating privilege restriction or enters an order regarding
8immobilization
.
AB151, s. 32 9Section 32. 940.09 (1d) (a) 2. of the statutes is amended to read:
AB151,18,1610 940.09 (1d) (a) 2. Notwithstanding par. (b), if the person who committed an
11offense under sub. (1) (a), (am), (b), (c), (cm), or (d) has 2 or more convictions,
12suspensions, or revocations counted under s. 343.307 (1) within any 5-year period
13had an alcohol concentration of 0.12 or more at the time of the offense, the procedure
14under s. 343.301 (1) (bm) shall be followed if the court enters an order regarding
15operating privilege restriction and the installation of an ignition interlock device or
16enters an order regarding immobilization
.
AB151, s. 33 17Section 33. 940.25 (1d) (a) 1. of the statutes is amended to read:
AB151,18,2518 940.25 (1d) (a) 1. Except as provided in subd. 2., if the person who committed
19an offense under sub. (1) (a), (am), (b), (c), (cm), or (d) has 2 or more prior convictions,
20suspensions, or revocations, counting convictions under sub. (1) and s. 940.09 (1) in
21the person's lifetime, plus other convictions, suspensions, or revocations counted
22under s. 343.307 (1)
had an alcohol concentration of less than 0.12 or more at the time
23of the offense
, the procedure under s. 343.301 (1) (a) shall be followed if the court
24enters an order regarding operating privilege restriction or enters an order
25regarding immobilization
.
AB151, s. 34
1Section 34. 940.25 (1d) (a) 2. of the statutes is amended to read:
AB151,19,82 940.25 (1d) (a) 2. Notwithstanding par. (b), if the person who committed an
3offense under sub. (1) (a), (am), (b), (c), (cm), or (d) has 2 or more convictions,
4suspensions, or revocations counted under s. 343.307 (1) within any 5-year period

5had an alcohol concentration of 0.12 or more at the time of the offense, the procedure
6under s. 343.301 (1) (bm) shall be followed if the court enters an order regarding
7operating privilege restriction and the installation of an ignition interlock device or
8enters an order regarding immobilization
.
AB151, s. 35 9Section 35. 973.05 (3) (a) of the statutes is amended to read:
AB151,19,2110 973.05 (3) (a) In lieu of part or all of a fine imposed by a court, the court may
11stay the execution of part or all of the sentence and provide that the defendant
12perform community service work under pars. (b) and (c). If the defendant's fine was
13imposed under s. 346.65 (2) (am) 1m. to 7., (f), and (g), the court may stay the
14execution of part or all of the sentence and shall provide that the defendant perform
15community service work under pars. (b) and (c).
Any applicable driver improvement
16surcharge under s. 346.655 or any domestic abuse surcharge under s. 973.055 shall
17be imposed under ch. 814 regardless of whether part or all of the sentence has been
18stayed. If the defendant fails to comply with the community service order, the court
19shall order the defendant brought before the court for imposition of sentence. If the
20defendant complies with the community service order, he or she has satisfied that
21portion of the sentence.
AB151, s. 36 22Section 36. Initial applicability.
AB151,20,223 (1) This act first applies to violations committed on the effective date of this
24subsection but does not preclude the counting of other convictions, suspensions, or

1revocations as prior convictions, suspensions, or revocations for purposes of
2administrative action by the department of transportation or sentencing by a court.
AB151,20,33 (End)
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