5. Under current law, no person may operate a motor vehicle with a prohibited
alcohol concentration. For most operators, the prohibited alcohol concentration is
0.08 or more. However, if a person is subject to a court order that requires his or her
vehicle to be equipped with an ignition interlock device or if he or she has committed
three or more OWI-related violations, the prohibited alcohol concentration for that
person is more than 0.02.
This bill adds a definition of a prohibited alcohol concentration as an alcohol
concentration of more than 0.02 for the two-year period after a person has committed
a first or second OWI-related offense.
6. Under current law, a trial court may, at its discretion, release a person who
has been convicted of a crime from imprisonment until the time of sentencing, unless
the person was convicted of a 3rd or subsequent OWI-related offense. Current law
also allows a sentencing court to delay the execution of a sentence of imprisonment
for up to 60 days, unless the person was convicted of a third or subsequent
OWI-related offense or the court finds that there is legal cause to delay the execution
of the sentence for a longer period or unless the court places the person on probation.
Under this bill, if a person has been convicted of any OWI-related offense, and
the conviction carries a minimum period of imprisonment, a court may not release
the person after conviction but before sentencing until after the person has served
at least the minimum period of imprisonment. Under the bill, a court may not delay
the execution of a sentence of imprisonment for an OWI-related offense unless the
court finds that there is legal cause to delay the execution of the sentence or unless
the court places the person on probation.
7. Under current law, a person arrested for certain OWI-related offenses may
not be released from police custody until 12 hours have elapsed from the time of his
or her arrest or unless a chemical test shows that the person has an alcohol
concentration of less than 0.04 except that the person may be released to his or her
attorney, spouse, relative, or other responsible adult (responsible party) at any time
after arrest.
Under this bill, a person may be released to a responsible party if the
responsible party signs a form acknowledging that he or she accepts legal
responsibility for the actions of the arrested person for 12 hours after the time the
person was arrested and that, if the arrested person is arrested for another
OWI-related offense within that period, the responsible party may be guilty of a
Class C misdemeanor. In addition, the bill requires a law enforcement officer to seize
or immobilize the vehicle used in the incident that gave rise to the arrest for 12 hours,
except that, if the vehicle is the only vehicle owned or leased by any member of the

arrested person's household, the officer may release the vehicle to a member of the
household.
Because this bill creates a new crime or revises a penalty for an existing crime,
the Joint Review Committee on Criminal Penalties may be requested to prepare a
report concerning the proposed penalty and the costs or savings that are likely to
result if the bill is enacted.
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:
AB670, s. 1 1Section 1. 16.185 of the statutes is created to read:
AB670,4,5 216.185 Assistance to counties; operating while intoxicated. From the
3appropriation under s. 20.505 (6) (q), the department may make payments to
4counties for costs incurred relating to persons charged with offenses that are
5punishable under s. 346.65 (2) (am) 1.
AB670, s. 2 6Section 2. 20.435 (5) (q) of the statutes is created to read:
AB670,4,97 20.435 (5) (q) Intoxicated and drugged driving assistance programs. From the
8intoxicated and drugged drivers fund, the amounts in the schedule for intoxicated
9and drugged driving programs administered under s. 46.03 (45).
AB670, s. 3 10Section 3. 20.475 (1) (q) of the statutes is created to read:
AB670,4,1311 20.475 (1) (q) Prosecutions related to operating while intoxicated. From the
12intoxicated and drugged drivers fund, the amounts in the schedule for prosecutions
13under s. 978.05 (1p).
AB670, s. 4 14Section 4. 20.505 (6) (q) of the statutes is created to read:
AB670,4,1715 20.505 (6) (q) Assistance to counties related to operating while intoxicated.
16From the intoxicated and drugged drivers fund, the amounts in the schedule to
17reimburse counties under s. 16.185.
AB670, s. 5 18Section 5. 20.550 (1) (q) of the statutes is created to read:
AB670,5,3
120.550 (1) (q) Representation related to operating while intoxicated. From the
2intoxicated and drugged drivers fund, the amounts in the schedule for
3representation under s. 977.02 (2g).
AB670, s. 6 4Section 6. 20.625 (1) (q) of the statutes is created to read:
AB670,5,75 20.625 (1) (q) Operation costs related to operating while intoxicated. From the
6intoxicated and drugged drivers fund, the amounts in the schedule for circuit court
7costs under s. 753.19.
AB670, s. 7 8Section 7. 25.975 of the statutes is created to read:
AB670,5,11 925.975 Intoxicated and drugged drivers fund. There is established a
10separate nonlapsible trust fund designated as the intoxicated and drugged drivers
11fund, to consist of all moneys received under s. 139.27.
AB670, s. 8 12Section 8. 46.03 (45) of the statutes is created to read:
AB670,5,1513 46.03 (45) Intoxicated and drugged driving. From the appropriation under
14s. 20.435 (5) (q), provide services to persons charged with offenses that are
15punishable under s. 346.65 (2) (am) 1.
AB670, s. 9 16Section 9. 139.27 of the statutes is created to read:
AB670,5,19 17139.27 Revenue distribution. The first $10,000,000 collected in each fiscal
18year from the taxes imposed under s. 139.03 shall be deposited into the fund created
19under s. 25.975.
AB670, s. 10 20Section 10. 165.85 (4r) of the statutes is created to read:
AB670,5,2421 165.85 (4r) Sobriety checkpoints. (a) The board shall promulgate rules for
22administering a sobriety checkpoint program that are consistent with par. (b). No
23local authority may conduct a sobriety checkpoint program that does not comply with
24the rules established under this subsection.
AB670,5,2525 (b) A sobriety checkpoint program shall do all of the following:
AB670,6,2
11. Establish a nondiscretionary system for determining which motor vehicles
2are stopped at the checkpoint.
AB670,6,33 2. Minimize the length of time a motor vehicle is stopped.
AB670,6,64 3. Give public notice that a sobriety checkpoint program will be in effect no
5more than 5 days before the law enforcement agency conducts the sobriety
6checkpoint.
AB670,6,87 4. Give adequate warning to motor vehicle operators approaching the sobriety
8checkpoint that a sobriety checkpoint is being conducted.
AB670,6,109 5. Minimize the disruption of regular traffic flow while the sobriety checkpoint
10is being conducted.
AB670,6,1211 6. Establish criteria for a motor vehicle operator to be detained beyond the
12initial stop at the sobriety checkpoint for a test under s. 343.305.
AB670,6,1313 7. Establish a fixed period of time for each sobriety checkpoint to be conducted.
AB670,6,1514 8. Require law enforcement officers to do all of the following at a sobriety
15checkpoint:
AB670,6,1716 a. Wear an official uniform that clearly identifies him or her as a law
17enforcement officer.
AB670,6,1918 b. Identify himself or herself as a law enforcement officer to each motor vehicle
19operator that is stopped at the sobriety checkpoint.
AB670,6,2120 c. Explain the purpose of the sobriety checkpoint to each motor vehicle operator
21that is stopped at the sobriety checkpoint.
AB670, s. 11 22Section 11. 302.372 (2) (a) (intro.) of the statutes is amended to read:
AB670,7,223 302.372 (2) (a) (intro.) Except as provided in pars. (c) and (d), a county may shall
24seek reimbursement for any expenses incurred by the county in relation to the crime

1for which a person was sentenced to a county jail, or for which the person was placed
2on probation and confined in jail, as follows:
AB670, s. 12 3Section 12. 340.01 (46m) (a) of the statutes is amended to read:
AB670,7,64 340.01 (46m) (a) If the person has 2 or fewer no prior convictions, suspensions,
5or revocations
violation, conviction, suspension, or revocation or if par. (c) does not
6apply
, as counted under s. 343.307 (1), an alcohol concentration of 0.08 or more.
AB670, s. 13 7Section 13. 340.01 (46m) (c) of the statutes is renumbered 340.01 (46m) (c)
8(intro.) and amended to read:
AB670,7,129 340.01 (46m) (c) (intro.) If the person is subject to an order under s. 343.301
10or if the person has 3 or more prior convictions, suspensions or revocations, as
11counted under s. 343.307 (1), an
An alcohol concentration of more than 0.02. if any
12of the following applies:
AB670, s. 14 13Section 14. 340.01 (46m) (c) 1. of the statutes is created to read:
AB670,7,1414 340.01 (46m) (c) 1. The person is subject to an order under s. 343.301.
AB670, s. 15 15Section 15. 340.01 (46m) (c) 2. of the statutes is created to read:
AB670,7,1716 340.01 (46m) (c) 2. The person has one or 2 prior convictions, suspensions, or
17revocations, as counted under s. 343.307 (1), within 2 years of the current offense.
AB670, s. 16 18Section 16. 340.01 (46m) (c) 3. of the statutes is created to read:
AB670,7,2019 340.01 (46m) (c) 3. The person has 3 or more prior convictions, suspensions,
20or revocations, as counted under s. 343.307 (1).
AB670, s. 17 21Section 17. 345.20 (2) (c) of the statutes is amended to read:
AB670,7,2422 345.20 (2) (c) Sections 967.055 and 972.11 (3m) apply to traffic forfeiture
23actions for violations of s. 346.63 (1) or (5) or a local ordinance in conformity
24therewith.
AB670, s. 18 25Section 18. 345.24 (1) of the statutes is amended to read:
AB670,8,7
1345.24 (1) A Except as provided in sub. (1m) (a), a person arrested under s.
2346.63 (1) or (5) or an ordinance in conformity therewith with s. 346.63 (5) or s. 346.63
3(2) or (6) or 940.25, or s. 940.09 where the offense involved the use of a vehicle, may
4not be released until 12 hours have elapsed from the time of his or her arrest or unless
5a chemical test administered under s. 343.305 shows that the person has an alcohol
6concentration of less than 0.04, but the person may be released to his or her attorney,
7spouse, relative or other responsible adult at any time after arrest
.
AB670, s. 19 8Section 19. 345.24 (1m) of the statutes is created to read:
AB670,8,149 345.24 (1m) (a) An officer may release the arrested person to his or her
10attorney, spouse, relative, or other responsible adult if the person to whom the
11arrested person is released accepts, in writing, legal responsibility for the actions of
12the arrested person for 12 hours after the time of the arrest and acknowledges the
13penalty set forth in sub. (3). Except as provided in par. (b), the officer shall seize or
14immobilize the vehicle used in the offense for 12 hours after the time of the arrest.
AB670,8,1815 (b) An officer may release the vehicle used in the offense to a member of the
16arrested person's household if the member of the household is licensed to operate the
17vehicle and the vehicle is the only vehicle owned or leased by any member of the
18arrested person's household.
AB670, s. 20 19Section 20. 345.24 (3) of the statutes is created to read:
AB670,8,2520 345.24 (3) If, subsequent to being released under sub. (1m), the arrested person
21is convicted of a violation of s. 346.63 (1) or (5) or an ordinance in conformity with s.
22346.63 (5) or s. 346.63 (2) or (6) or 940.25, or s. 940.09 where the offense involved the
23use of a vehicle, and the violation occurred within 12 hours after the person was
24arrested, the attorney, spouse, relative, or other responsible adult to whom the
25arrested person was released is guilty of a Class C misdemeanor.
AB670, s. 21
1Section 21. 346.65 (2) (am) 1. of the statutes is amended to read:
AB670,9,32 346.65 (2) (am) 1. Shall forfeit not less than $150 nor more than $300, except
3Except as provided in subds. 2. to 5. 7. and par. (f), is guilty of a Class C misdemeanor.
AB670, s. 22 4Section 22. 346.65 (2) (f) 1. of the statutes is repealed.
AB670, s. 23 5Section 23. 346.65 (2) (f) 2. of the statutes is renumbered 346.65 (2) (f) and
6amended to read:
AB670,9,137 346.65 (2) (f) If there was a minor passenger under 16 years of age in the motor
8vehicle at the time of the violation that gave rise to the conviction under s. 346.63 (1),
9the applicable minimum and maximum fines and imprisonment under par. (am) 2.
10to 7.
for the conviction are doubled. An offense under s. 346.63 (1) that subjects a
11person to a penalty under par. (am) 3., 4., 4m., 5., 6., or 7. when there is a minor
12passenger under 16 years of age in the motor vehicle is a felony and the place of
13imprisonment shall be determined under s. 973.02.
AB670, s. 24 14Section 24. 346.65 (2) (h) of the statutes is created to read:
AB670,9,2115 346.65 (2) (h) Notwithstanding s. 973.03 (4) (a), a person sentenced under this
16subsection is not eligible for home detention under s. 302.425, good time under s.
17302.43, release from jail for employment under s. 303.08 (1) (b), transfer to a county
18work camp under s. 303.10, release to perform community service unless s. 973.07
19applies, probation under s. 973.09, or diminution of the sentence under s. 303.19 (3)
20until the person has been confined in a prison or jail for the minimum term of
21imprisonment for the offense.
AB670, s. 25 22Section 25. 346.65 (2c) of the statutes is amended to read:
AB670,9,2523 346.65 (2c) In sub. (2) (am) 2., 3., 4., 4m., 5., 6., and 7., the time period shall
24be measured from the dates of the refusals or violations that resulted in the
25revocation or convictions. If a person has a suspension, revocation, or conviction for

1any offense under a local ordinance or a state statute of another state that would be
2counted under s. 343.307 (1), that suspension, revocation, or conviction shall count
3as a prior suspension, revocation, or conviction under sub. (2) (am) 2., 3., 4., 4m., 5.,
46., and 7
.
AB670, s. 26 5Section 26. 346.65 (2e) of the statutes is amended to read:
AB670,10,116 346.65 (2e) If the court determines that a person does not have the ability to
7pay the costs and fine or forfeiture imposed under sub. (2) (am), (f), or (g), the court
8may reduce the costs, or fine, and forfeiture imposed and order the person to pay,
9toward the cost of the assessment and driver safety plan imposed under s. 343.30 (1q)
10(c), the difference between the amount of the reduced costs and fine or forfeiture and
11the amount of costs and fine or forfeiture imposed under sub. (2) (am), (f), or (g).
AB670, s. 27 12Section 27. 346.65 (2g) (a) of the statutes is amended to read:
AB670,10,2113 346.65 (2g) (a) In addition to the authority of the court under s. 973.05 (3) (a)
14to provide that a defendant perform community service work for a public agency or
15a nonprofit charitable organization in lieu of part or all of a fine imposed under sub.
16(2) (am) 2., 3., 4., 4m., and 5. 1., (f), and (g) and except as provided in par. (ag), the
17court may provide that a defendant perform community service work for a public
18agency or a nonprofit charitable organization in lieu of part or all of a forfeiture under
19sub. (2) (am) 1. or
may require a person who is subject to sub. (2) to perform
20community service work for a public agency or a nonprofit charitable organization
21in addition to the penalties specified under sub. (2).
AB670, s. 28 22Section 28. 346.65 (2g) (ag) of the statutes is amended to read:
AB670,11,523 346.65 (2g) (ag) If the court determines that a person does not have the ability
24to pay a fine imposed under sub. (2) (am) 1., 2., 3., 4., 4m., or 5., (f), or (g), the court
25shall require the defendant to perform community service work for a public agency

1or a nonprofit charitable organization in lieu of paying the fine imposed or, if the
2amount of the fine was reduced under sub. (2e), in lieu of paying the remaining
3amount of the fine. Each hour of community service performed in compliance with
4an order under this paragraph shall reduce the amount of the fine owed by an amount
5determined by the court.
AB670, s. 29 6Section 29. 346.65 (2g) (am) of the statutes is amended to read:
AB670,11,167 346.65 (2g) (am) Notwithstanding s. 973.05 (3) (b), an order under par. (a) or
8(ag) may apply only if agreed to by the organization or agency. The court shall ensure
9that the defendant is provided a written statement of the terms of the community
10service order and that the community service order is monitored. Any organization
11or agency acting in good faith to which a defendant is assigned pursuant to an order
12under this subsection has immunity from any civil liability in excess of $25,000 for
13acts or omissions by or impacting on the defendant. The issuance or possibility of the
14issuance of a community service order under this subsection does not entitle an
15indigent defendant who is subject to sub. (2) (am) 1. to representation by counsel
16under ch. 977.
AB670, s. 30 17Section 30. 346.65 (2g) (d) of the statutes is repealed.
AB670, s. 31 18Section 31. 346.65 (2i) of the statutes is amended to read:
AB670,12,1819 346.65 (2i) In addition to the authority of the court under sub. (2g) and s. 973.05
20(3) (a), the court may order a defendant subject to sub. (2), or a defendant subject to
21s. 973.05 (3) (a) who violated s. 346.63 (2), 940.09 (1), or 940.25, to visit a site that
22demonstrates the adverse effects of substance abuse or of operating a vehicle while
23under the influence of an intoxicant or other drug, including an alcoholism treatment
24facility approved under s. 51.45 or an emergency room of a general hospital in lieu
25of part or all of any forfeiture imposed or
in addition to any penalty imposed. The

1court may order the defendant to pay a reasonable fee, based on the person's ability
2to pay, to offset the costs of establishing, maintaining, and monitoring the visits
3ordered under this subsection. The court may order a visit to the site only if agreed
4to by the person responsible for the site. If the opportunities available to visit sites
5under this subsection are fewer than the number of defendants eligible for a visit,
6the court shall, when making an order under this subsection, give preference to
7defendants who were under 21 years of age at the time of the offense. The court shall
8ensure that the visit is monitored. A visit to a site may be ordered for a specific time
9and a specific day to allow the defendant to observe victims of vehicle accidents
10involving intoxicated drivers. If it appears to the court that the defendant has not
11complied with the court order to visit a site or to pay a reasonable fee, the court may
12order the defendant to show cause why he or she should not be held in contempt of
13court. Any organization or agency acting in good faith to which a defendant is
14assigned pursuant to an order under this subsection has immunity from any civil
15liability in excess of $25,000 for acts or omissions by or impacting on the defendant.
16The issuance or possibility of the issuance of an order under this subsection does not
17entitle an indigent defendant who is subject to sub. (2) (am) 1. to representation by
18counsel under ch. 977.
AB670, s. 32 19Section 32. 349.02 (2) (a) of the statutes is amended to read:
AB670,13,720 349.02 (2) (a) Notwithstanding sub. (1), a police officer, sheriff, deputy sheriff,
21traffic officer or motor vehicle inspector may not stop or inspect a vehicle solely to
22determine compliance with a statute or ordinance specified under par. (b) unless the
23police officer, sheriff, deputy sheriff, traffic officer, or motor vehicle inspector has
24reasonable cause to believe that a violation of a statute or ordinance specified under
25par. (b) has been committed. This paragraph does not limit the authority of a police

1officer, sheriff, deputy sheriff, traffic officer, or motor vehicle inspector to make an
2arrest or issue a citation for a violation of any statute or ordinance specified under
3par. (b) observed in the course of a stop or inspection made for a lawful purpose. This
4paragraph does not apply to a traffic officer or motor vehicle inspector in the
5performance of duties under s. 110.075 (2) or to a police officer, sheriff, deputy sheriff,
6or traffic officer in the performance of duties under rules promulgated under s.
7165.85 (4r)
.
AB670, s. 33 8Section 33. 753.19 of the statutes is amended to read:
AB670,13,15 9753.19 Operating costs; circuit court. The cost of operation of the circuit
10court for each county, except for the salaries of judges and court reporters provided
11to be paid by the state, and except for the cost assumed by the state under this chapter
12and chs. 40 and 230, and except as otherwise provided, shall be paid by the county.
13The county may use moneys from the appropriation under s. 20.625 (1) (q) to pay
14costs associated with prosecuting persons charged with offenses that are punishable
15under s. 346.65 (2) (am) 1.
AB670, s. 34 16Section 34. 969.01 (2) (a) of the statutes is amended to read:
AB670,13,2417 969.01 (2) (a) Release pursuant to s. 969.02 or 969.03 may be allowed in the
18discretion of the trial court after conviction and prior to sentencing or the granting
19of probation. This paragraph does not apply to a conviction for a 3rd or subsequent
20violation that is counted as a suspension, revocation, or conviction under s. 343.307,
21or under s. 940.09 (1) or 940.25 in the person's lifetime
under s. 346.63 (1) or (2) or
22940.25 or under s. 940.09, if the offense involved the use of a vehicle
, or a combination
23thereof, until after the person has been imprisoned for at least the applicable
24minimum period of imprisonment for the violation
.
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