AB985,8,1713
350.101
(1) (b)
Operating with alcohol concentrations at or above specified
14levels. No person may engage in the operation of a snowmobile while the person has
15a blood an alcohol concentration of
0.1% 0.1 or more
by weight of alcohol in his or her
16blood. No person may engage in the operation of a snowmobile while the person has
170.1 grams or more of alcohol in 210 liters of his or her breath.
AB985, s. 24
18Section
24. 350.101 (1) (c) of the statutes is amended to read:
AB985,8,2419
350.101
(1) (c)
Operating with alcohol concentrations at specified levels; below
20age 19. If a person has not attained the age of 19, the person may not engage in the
21operation of a snowmobile while he or she has
a blood
an alcohol concentration of
22more than
0.0% 0.0 but not more than
0.1% by weight of alcohol in his or her blood
23or more than 0.0 grams but not more than 0.1 grams of alcohol in 210 liters of his or
24her breath 0.1.
AB985, s. 25
25Section
25. 350.101 (2) (b) of the statutes is amended to read:
AB985,9,6
1350.101
(2) (b)
Causing injury with alcohol concentrations at or above specified
2levels. No person who has
a blood an alcohol concentration of
0.1% 0.1 or more
by
3weight of alcohol in his or her blood may cause injury to another person by the
4operation of a snowmobile.
No person who has 0.1 grams or more of alcohol in 210
5liters of his or her breath may cause injury to another person by the operation of a
6snowmobile.
AB985, s. 26
7Section
26. 350.101 (2) (d) of the statutes is amended to read:
AB985,9,138
350.101
(2) (d)
Defenses. In an action under this subsection, the defendant has
9a defense if he or she proves by a preponderance of the evidence that the injury would
10have occurred even if he or she had been exercising due care and he or she had not
11been under the influence of an intoxicant or did not have
a blood an alcohol
12concentration of
0.1% or more by weight of alcohol in his or her blood or 0.1
grams 13or more
of alcohol in 210 liters of his or her breath.
AB985, s. 27
14Section
27. 350.107 of the statutes is amended to read:
AB985,9,23
15350.107 Officer's action after arrest for operating a snowmobile while
16under influence of intoxicant. A person arrested for a violation of s. 350.101 (1)
17(a) or (b) or a local ordinance in conformity therewith or s. 350.101 (2) (a) or (b) may
18not be released until 12 hours have elapsed from the time of his or her arrest or unless
19a chemical test administered under s. 350.104 (1) (a) shows that
there is 0.05% or less
20by weight of alcohol in the person's blood or 0.05 grams or less of alcohol in 210 liters
21of the person's breath the person has an alcohol concentration of 0.05 or less, but the
22person may be released to his or her attorney, spouse, relative or other responsible
23adult at any time after arrest.
AB985, s. 28
24Section
28. 885.235 (1) (a) 1. of the statutes is amended to read:
AB985,10,7
1885.235
(1) (a) 1. The fact that the analysis shows that
there was more than
20.0% but less than 0.08% by weight of alcohol in the person's blood or more than 0.0
3grams but less than 0.08 grams of alcohol in 210 liters of the person's breath the
4person had an alcohol concentration of more than 0.0 but less than 0.08 is relevant
5evidence on the issue of being under the combined influence of alcohol and a
6controlled substance or any other drug, but, except as provided in par. (d) or sub.
7(1m), is not to be given any prima facie effect.
AB985, s. 29
8Section
29. 885.235 (1) (a) 2. of the statutes is amended to read:
AB985,10,159
885.235
(1) (a) 2. The fact that the analysis shows that
there was more than
100.0% but less than 0.1% by weight of alcohol in the person's blood or more than 0.0
11grams but less than 0.1 grams of alcohol in 210 liters of the person's breath the person
12had an alcohol concentration of more than 0.0 but less than 0.1 is relevant evidence
13on the issue of being under the combined influence of alcohol and a controlled
14substance or any other drug but, except as provided in par. (d) or sub. (1m), is not to
15be given any prima facie effect.
AB985, s. 30
16Section
30. 885.235 (1) (b) of the statutes is amended to read:
AB985,10,2317
885.235
(1) (b) Except with respect to the operation of a commercial motor
18vehicle as provided in par. (d), the fact that the analysis shows that
there was more
19than 0.04% but less than 0.1% by weight of alcohol in the person's blood or more than
200.04 grams but less than 0.1 grams of alcohol in 210 liters of the person's breath the
21person had an alcohol concentration of more than 0.04 but less than 0.1 is relevant
22evidence on the issue of intoxication or an alcohol concentration of 0.1 or more but
23is not to be given any prima facie effect.
AB985, s. 31
24Section
31. 885.235 (1) (bd) of the statutes is amended to read:
AB985,11,7
1885.235
(1) (bd) Except with respect to the operation of a commercial motor
2vehicle as provided in par. (d), the fact that the analysis shows that
there was more
3than 0.04% but less than 0.08% by weight of alcohol in the person's blood or more
4than 0.04 grams but less than 0.08 grams of alcohol in 210 liters of the person's breath 5the person had an alcohol concentration of more than 0.04 but less than 0.08 is
6relevant evidence on the issue of intoxication or an alcohol concentration of 0.08 or
7more, but is not to be given any prima facie effect.
AB985, s. 32
8Section
32. 885.235 (1) (c) of the statutes is amended to read:
AB985,11,139
885.235
(1) (c) The fact that the analysis shows that
there was 0.1% or more
10by weight of alcohol in the person's blood or 0.1 grams or more of alcohol in 210 liters
11of the person's breath the person had an alcohol concentration of 0.1 or more is prima
12facie evidence that he or she was under the influence of an intoxicant and is prima
13facie evidence that he or she had an alcohol concentration of 0.1 or more.
AB985, s. 33
14Section
33. 885.235 (1) (cd) of the statutes is amended to read:
AB985,11,2115
885.235
(1) (cd) In cases involving persons who have 2 or more prior
16convictions, suspensions or revocations, as counted under s. 343.307 (1), the fact that
17the analysis shows that
there was 0.08% or more by weight of alcohol in the person's
18blood or 0.08 grams or more of alcohol in 210 liters of the person's breath the person
19had an alcohol concentration of 0.08 or more is prima facie evidence that he or she
20was under the influence of an intoxicant and is prima facie evidence that he or she
21had an alcohol concentration of 0.08 or more.
AB985, s. 34
22Section
34. 885.235 (1) (d) of the statutes is amended to read:
AB985,12,323
885.235
(1) (d) The fact that the analysis shows that
there was 0.04% or more
24by weight of alcohol in the person's blood or 0.04 grams or more of alcohol in 210 liters
25of the person's breath the person had an alcohol concentration of 0.04 or more is
1prima facie evidence that he or she was under the influence of an intoxicant with
2respect to operation of a commercial motor vehicle and is prima facie evidence that
3he or she had an alcohol concentration of 0.04 or more.
AB985, s. 35
4Section
35. 885.235 (1m) of the statutes is amended to read:
AB985,12,185
885.235
(1m) In any action under s. 23.33 (4c) (a) 3., 346.63 (2m) or (7) or
6350.101 (1) (c), evidence of the amount of alcohol in the person's blood at the time in
7question, as shown by chemical analysis of a sample of the person's blood or urine or
8evidence of the amount of alcohol in the person's breath, is admissible on the issue
9of whether he or she had
a blood an alcohol concentration in the range specified in
10s. 23.33 (4c) (a) 3., 346.63 (2m) or 350.101 (1) (c) or
a measured an alcohol
11concentration
above 0.0 under s. 346.63 (7) if the sample was taken within 3 hours
12after the event to be proved. The fact that the analysis shows that
there was more
13than 0.0% but not more than 0.1% by weight of alcohol in the person's blood or more
14than 0.0 grams but not more than 0.1 grams of alcohol in 210 liters of the person's
15breath the person had an alcohol concentration of more than 0.0 but not more than
160.1 is prima facie evidence that the person had
a blood an alcohol concentration in
17the range specified in s. 23.33 (4c) (a) 3., 346.63 (2m) or 350.101 (1) (c) or
a measured 18an alcohol concentration
above 0.0 under s. 346.63 (7).
AB985, s. 36
19Section
36. 885.235 (4) of the statutes is amended to read:
AB985,13,220
885.235
(4) The provisions of this section relating to the admissibility of
21chemical tests for alcohol concentration
, or intoxication
or blood alcohol
22concentration shall not be construed as limiting the introduction of any other
23competent evidence bearing on the question of whether or not a person was under
24the influence of an intoxicant, had a specified alcohol concentration or had
a blood
1an alcohol concentration in the range specified in s. 23.33 (4c) (a) 3., 346.63 (2m) or
2350.101 (1) (c).
AB985, s. 37
3Section
37. 905.04 (4) (f) of the statutes is amended to read:
AB985,13,64
905.04
(4) (f)
Tests for intoxication. There is no privilege concerning the results
5of or circumstances surrounding any chemical tests for intoxication or
blood alcohol
6concentration
, as defined in s. 340.01 (1v).
AB985, s. 38
7Section
38. 939.22 (3) of the statutes is created to read:
AB985,13,88
939.22
(3) "Alcohol concentration" has the meaning given in s. 340.01 (1v).
AB985, s. 39
9Section
39. 940.09 (1g) (b) of the statutes is amended to read:
AB985,13,1310
940.09
(1g) (b) Causes the death of another by the operation or handling of a
11firearm or airgun while the person has
a blood an alcohol concentration of
0.1% 0.1 12or more
by weight of alcohol in that person's blood or 0.10 grams or more of alcohol
13in 210 liters of that person's breath.
AB985, s. 40
14Section
40. 940.09 (2) of the statutes is amended to read:
AB985,13,1915
940.09
(2) The defendant has a defense if he or she proves by a preponderance
16of the evidence that the death would have occurred even if he or she had been
17exercising due care and he or she had not been under the influence of an intoxicant
18or did not have
a blood an alcohol concentration described under sub. (1) (b) or (bm)
19or (1g) (b).
AB985, s. 41
20Section
41. 940.25 (2) of the statutes is amended to read:
AB985,13,2521
940.25
(2) The defendant has a defense if he or she proves by a preponderance
22of the evidence that the great bodily harm would have occurred even if he or she had
23been exercising due care and he or she had not been under the influence of an
24intoxicant or did not have
a blood an alcohol concentration described under sub. (1)
25(b) or (bm).
AB985, s. 42
1Section
42. 967.055 (1) (b) of the statutes is amended to read:
AB985,14,82
967.055
(1) (b) The legislature intends to encourage the vigorous prosecution
3of offenses concerning the operation of motorboats by persons under the influence of
4an intoxicant, a controlled substance or both to a degree which renders him or her
5incapable of operating a motorboat safely, or under the combined influence of an
6intoxicant and any other drug to a degree which renders him or her incapable of
7operating a motorboat safely or having
a blood an alcohol concentration of
0.1% 0.1 8or more.