AB144: Bill Text

AB144,3,25 343.305 (3) (a) Upon arrest of a person for violation of s. 346.63 (1), (2g), (2m) or (5) or a local ordinance in conformity therewith, or for a violation of s. 346.63 (2) or (6) or 940.25, or s. 940.09 where the offense involved the use of a vehicle, a law enforcement officer may request the person to provide one or more samples of his or her breath, blood or urine for the purpose specified under sub. (2). Compliance with a request for one type of sample does not bar a subsequent request for a different type of sample.

AB144,4,9 (b) A person who is unconscious or otherwise not capable of withdrawing consent is presumed not to have withdrawn consent under this subsection, and if a law enforcement officer has probable cause to believe that the person has violated s. 346.63 (1), (2g), (2m) or (5) or a local ordinance in conformity therewith, or s. 346.63 (2) or (6) or 940.25, or s. 940.09 where the offense involved the use of a vehicle, or detects any presence of alcohol, controlled substance or other drug, or a combination thereof, on a person driving or operating or on duty time with respect to a commercial motor vehicle or has reason to believe the person has violated s. 346.63 (7), one or more samples specified in par. (a) or (am) may be administered to the person.

AB144, s. 5 Section 5. 343.305 (5) (b) of the statutes is amended to read:

AB144,4,18 343.305 (5) (b) Blood may be withdrawn from the person arrested for violation of s. 346.63 (1), (2), (2g), (2m), (5) or (6) or 940.25, or s. 940.09 where the offense involved the use of a vehicle, or a local ordinance in conformity with s. 346.63 (1), (2g), (2m) or (5), or as provided in sub. (3) (am) or (b) to determine the presence or quantity of alcohol, a controlled substance, a combination of alcohol and a controlled substance, any other drug or a combination of alcohol and any other drug in the blood only by a physician, registered nurse, medical technologist, physician assistant or person acting under the direction of a physician.

AB144, s. 6 Section 6. 343.305 (9) (a) 1. of the statutes is amended to read:

AB144,4,23 343.305 (9) (a) 1. That prior to a request under sub. (3) (a), the officer had placed the person under arrest and issued a citation, if appropriate, for a violation of s. 346.63 (1), (2g), (2m) or (5) or a local ordinance in conformity therewith or s. 346.63 (2) or (6), 940.09 (1) or 940.25.

AB144, s. 7 Section 7. 343.305 (9) (a) 5. a. of the statutes is amended to read:

AB144,5,10 343.305 (9) (a) 5. a. Whether the officer had probable cause to believe the person was driving or operating a motor vehicle while under the influence of alcohol, a controlled substance or a combination of both, under the influence of any other drug to a degree which renders the person incapable of safely driving, or under the combined influence of alcohol and any other drug to a degree which renders the person incapable of safely driving or having a prohibited alcohol concentration or, if the person was driving or operating a commercial motor vehicle, an alcohol concentration of 0.04 or more and whether the person was lawfully placed under arrest for violation of s. 346.63 (1), (2g), (2m) or (5) or a local ordinance in conformity therewith or s. 346.63 (2) or (6), 940.09 (1) or 940.25.

AB144, s. 8 Section 8. 343.305 (9) (d) of the statutes is amended to read:

AB144,5,19 343.305 (9) (d) At the close of the hearing, or within 5 days thereafter, the court shall determine the issues under par. (a) 5. or (am) 5. If all issues are determined adversely to the person, the court shall proceed under sub. (10). If one or more of the issues is determined favorably to the person, the court shall order that no action be taken on the operating privilege on account of the person's refusal to take the test in question. This section does not preclude the prosecution of the person for violation of s. 346.63 (1), (2g), (2m), (5) or (7) or a local ordinance in conformity therewith, s. 346.63 (2) or (6), 940.09 (1) or 940.25.

AB144, s. 9 Section 9. 343.305 (10) (em) of the statutes is amended to read:

AB144,6,4 343.305 (10) (em) One penalty for improperly refusing to submit to a test for intoxication regarding a person arrested for a violation of s. 346.63 (2g) or (2m), or a local ordinance in conformity therewith, is revocation of the person's operating privilege for 6 months. After the first 15 days of the revocation period, the person is eligible for an occupational license under s. 343.10. Any such improper refusal or revocation for the refusal does not count as a prior refusal or a prior revocation under this section or ss. 343.30 (1q), 343.307 and 346.65 (2). The person shall not be required to submit to and comply with any assessment or driver safety plan under pars. (c) and (d).

AB144, s. 10 Section 10. 343.307 (1) (a) and (b) of the statutes are amended to read:

AB144,6,7 343.307 (1) (a) Convictions for violations under s. 346.63 (1) or (2g), or a local ordinance in conformity with that section.

AB144,6,9 (b) Convictions for violations of a law of a federally recognized American Indian tribe or band in this state in conformity with s. 346.63 (1) or (2g).

AB144, s. 11 Section 11. 343.307 (2) (a) and (b) of the statutes are amended to read:

AB144,6,12 343.307 (2) (a) Convictions for violations under s. 346.63 (1), (2g) or (5), or under a local ordinance in conformity with either section s. 346.63 (1), (2g) or (5).

AB144,6,14 (b) Convictions for violations of a law of a federally recognized American Indian tribe or band in this state in conformity with s. 346.63 (1), (2g) or (5).

AB144, s. 12 Section 12. 346.63 (2g) of the statutes is created to read:

AB144,7,2 346.63 (2g) No person may drive or operate a motor vehicle that contains a minor passenger while the person has a prohibited alcohol concentration or while the person is under the influence of an intoxicant or a controlled substance or a combination of an intoxicant and a controlled substance, under the influence of any other drug to a degree which renders him or her incapable of safely driving, or under the combined influence of an intoxicant and any other drug to a degree which renders him or her incapable of safely driving. 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).

AB144, s. 13 Section 13. 346.65 (2p) of the statutes is created to read:

AB144,7,4 346.65 (2p) Any person violating s. 346.63 (2g) shall forfeit $100.

AB144, s. 14 Section 14. 349.03 (2m) of the statutes is amended to read:

AB144,7,7 349.03 (2m) Notwithstanding sub. (2), a municipal court may suspend a license for a violation of a local ordinance in conformity with s. 346.63 (1), (2g) or (2m).

AB144, s. 15 Section 15. 349.06 (1m) of the statutes is amended to read:

AB144,7,10 349.06 (1m) Notwithstanding sub. (1), a municipal court may suspend a license for a violation of a local ordinance in conformity with s. 346.63 (1), (2g) or (2m).

AB144, s. 16 Section 16. Initial applicability.

AB144,7,14 (1)  This act first applies to offenses committed on the effective date of this subsection, but does not preclude the counting of other offenses as prior offenses for sentencing a person or suspending or revoking a person's operating privilege.

AB144, s. 17 Section 17. Effective date.

AB144,7,17 (1)  This act takes effect on the first day of the 4th month beginning after publication.

AB144,7,18 (End)