SB404-SSA1,6,323
350.101
(2) (b)
Causing injury with alcohol concentrations at or above specified
24levels. No person who has a
blood prohibited alcohol concentration
of 0.1% or more
25by weight of alcohol in his or her blood may cause injury to another person by the
1operation of a snowmobile.
No person who has 0.1 grams or more of alcohol in 210
2liters of his or her breath may cause injury to another person by the operation of a
3snowmobile.
SB404-SSA1,6,105
350.101
(2) (d)
Defenses. In an action under this subsection, the defendant has
6a defense if he or she proves by a preponderance of the evidence that the injury would
7have occurred even if he or she had been exercising due care and he or she had not
8been under the influence of an intoxicant or did not have a
blood prohibited alcohol
9concentration
of 0.1% or more by weight of alcohol in his or her blood or 0.1 grams
10or more of alcohol in 210 liters of his or her breath.
SB404-SSA1, s. 19
11Section
19. 885.235 (1) (a) 1. of the statutes is renumbered 885.235 (1) (a).
SB404-SSA1,6,1915
885.235
(1) (c) The fact that the analysis shows that there was
0.1% 0.08% or
16more by weight of alcohol in the person's blood or
0.1
0.08 grams or more of alcohol
17in 210 liters of the person's breath is prima facie evidence that he or she was under
18the influence of an intoxicant and is prima facie evidence that he or she had an
19alcohol concentration of
0.1 0.08 or more.
SB404-SSA1,7,922
885.235
(1m) In any action under s. 23.33 (4c) (a) 3., 346.63 (2m) or (7) or
23350.101 (1) (c), evidence of the amount of alcohol in the person's blood at the time in
24question, as shown by chemical analysis of a sample of the person's blood or urine or
25evidence of the amount of alcohol in the person's breath, is admissible on the issue
1of whether he or she had a
blood prohibited alcohol concentration
in the range
2specified in s. 23.33 (4c) (a) 3., 346.63 (2m) or 350.101 (1) (c) or a measured alcohol
3concentration under s. 346.63 (7) if the sample was taken within 3 hours after the
4event to be proved. The fact that the analysis shows that there was more than 0.0%
5but not more than
0.1% 0.08% by weight of alcohol in the person's blood or more than
60.0 grams but not more than
0.1 0.08 grams of alcohol in 210 liters of the person's
7breath is prima facie evidence that the person had a
blood prohibited alcohol
8concentration
in the range specified in s. 23.33 (4c) (a) 3., 346.63 (2m) or 350.101 (1)
9(c) or a measured alcohol concentration under s. 346.63 (7).
SB404-SSA1,7,1711
885.235
(4) The provisions of this section relating to the admissibility of
12chemical tests for alcohol concentration, intoxication or blood alcohol concentration
13shall not be construed as limiting the introduction of any other competent evidence
14bearing on the question of whether or not a person was under the influence of an
15intoxicant, had a specified alcohol concentration or had a
blood prohibited alcohol
16concentration
in the range specified in s. 23.33 (4c) (a) 3., 346.63 (2m) or 350.101 (1)
17(c).
SB404-SSA1,7,2019
885.235
(5) (d) "Prohibited alcohol concentration" has the meaning given in s.
20340.01 (46m).
SB404-SSA1, s. 27
21Section
27. 940.09 (1) (intro.) of the statutes is amended to read:
SB404-SSA1,7,2322
940.09
(1) (intro.) Any person who does any of the following is guilty of a Class
23C B felony:
SB404-SSA1,8,3
1940.09
(1) (bm) Causes the death of another by the operation of a commercial
2motor vehicle while the person has an alcohol concentration of 0.04 or more but less
3than
0.1 0.08.
SB404-SSA1,8,85
940.09
(1g) (b) Causes the death of another by the operation or handling of a
6firearm or airgun while the person has a
blood prohibited alcohol concentration
of
70.1% or more by weight of alcohol in that person's blood or 0.10 grams or more of
8alcohol in 210 liters of that person's breath, as defined in s. 340.01 (46m).
SB404-SSA1,8,1210
940.25
(1) (bm) Causes great bodily harm to another human being by the
11operation of a commercial motor vehicle while the person has an alcohol
12concentration of 0.04 or more but less than
0.1 0.08.
SB404-SSA1,8,1914
949.08
(2) (em) Is an adult passenger in the offender's commercial motor
15vehicle and the crime involved is specified in s. 346.63 (6) or 940.25 and the passenger
16knew the offender was under the influence of an intoxicant, a controlled substance
17or both or had an alcohol concentration of 0.04 or more but less than
0.1 0.08. This
18paragraph does not apply if the victim is also a victim of a crime specified in s. 940.30,
19940.305, 940.31 or 948.30.
SB404-SSA1,9,221
967.055
(1) (b) The legislature intends to encourage the vigorous prosecution
22of offenses concerning the operation of motorboats by persons under the influence of
23an intoxicant, a controlled substance or both to a degree which renders him or her
24incapable of operating a motorboat safely, or under the combined influence of an
25intoxicant and any other drug to a degree which renders him or her incapable of
1operating a motorboat safely or having a
blood
prohibited alcohol concentration
of
20.1% or more, as defined in s. 340.01 (46m).
SB404-SSA1,9,6
4(1) This act first applies to offenses committed on the effective date of this
5subsection, but does not preclude the counting of other offenses as prior offenses for
6sentencing a person or suspending or revoking a person's operating privilege.
