AB88-engrossed,6,1412
343.31
(1) (ar) Injury by the operation of a commercial motor vehicle while the
13person has an alcohol concentration of 0.04 or more but less than
0.1 0.08 and which
14is criminal under s. 346.63 (6).
AB88-engrossed,6,2316
346.63
(2m) If a person has not attained the legal drinking age, as defined in
17s. 125.02 (8m), the person may not drive or operate a motor vehicle while he or she
18has an alcohol concentration of more than 0.0 but not more than
0.1 0.08. One
19penalty for violation of this subsection is suspension of a person's operating privilege
20under s. 343.30 (1p). The person is eligible for an occupational license under s. 343.10
21at any time. If a person arrested for a violation of this subsection refuses to take a
22test under s. 343.305, the refusal is a separate violation and the person is subject to
23revocation of the person's operating privilege under s. 343.305 (10) (em).
AB88-engrossed,7,2
1346.63
(5) (a) No person may drive or operate a commercial motor vehicle while
2the person has an alcohol concentration of 0.04 or more but less than
0.1 0.08.
AB88-engrossed,7,64
346.63
(6) (a) No person may cause injury to another person by the operation
5of a commercial motor vehicle while the person has an alcohol concentration of 0.04
6or more but less than
0.1 0.08.
AB88-engrossed,7,108
350.101
(1) (b)
Operating with alcohol concentrations at or above specified
9levels. No person may engage in the operation of a snowmobile while the person has
10an alcohol concentration of
0.1 0.08 or more.
AB88-engrossed,7,1512
350.101
(1) (c)
Operating with alcohol concentrations at specified levels; below
13age 19. If a person has not attained the age of 19, the person may not engage in the
14operation of a snowmobile while he or she has an alcohol concentration of more than
150.0 but not more than
0.1 0.08.
AB88-engrossed,7,1917
350.101
(2) (b)
Causing injury with alcohol concentrations at or above specified
18levels. No person who has an alcohol concentration of
0.1 0.08 or more may cause
19injury to another person by the operation of a snowmobile.
AB88-engrossed,7,2521
350.101
(2) (d)
Defenses. In an action under this subsection, the defendant has
22a defense if he or she proves by a preponderance of the evidence that the injury would
23have occurred even if he or she had been exercising due care and he or she had not
24been under the influence of an intoxicant or did not have an alcohol concentration
25of
0.1 0.08 or more.
AB88-engrossed,8,132
757.05
(1) (a) Whenever a court imposes a fine or forfeiture for a violation of
3state law or for a violation of a municipal or county ordinance except for a violation
4of s. 101.123 (2) (a), (am) 1., (ar), (bm), or (br) or (5)
, or for a first violation of s. 23.33
5(4c) (a) 2., 30.681 (1) (b) 1., 346.63 (1) (b), or 350.101 (1) (b), if the person who
6committed the violation had a blood alcohol concentration between 0.08 and 0.099
7at the time of the violation, or
for a violation of state laws or municipal or county
8ordinances involving nonmoving traffic violations or safety belt use violations under
9s. 347.48 (2m), there shall be imposed in addition a penalty assessment in an amount
10of 24% of the fine or forfeiture imposed. If multiple offenses are involved, the penalty
11assessment shall be based upon the total fine or forfeiture for all offenses. When a
12fine or forfeiture is suspended in whole or in part, the penalty assessment shall be
13reduced in proportion to the suspension.
AB88-engrossed,8,1915
814.63
(1) (c) This subsection does not apply to an action for a violation of s.
16101.123 (2) (a), (am) 1., (ar), (bm), or (br) or (5)
, for a first violation of s. 23.33 (4c) (a)
172., 30.681 (1) (b) 1., 346.63 (1) (b), or 350.101 (1) (b), if the person who committed the
18violation had a blood alcohol concentration between 0.08 and 0.099 at the time of the
19violation, or
for a violation of a safety belt use violation under s. 347.48 (2m).
AB88-engrossed,9,421
814.63
(2) Upon the disposition of a forfeiture action in circuit court for
22violation of a county, town, city, village, town sanitary district or public inland lake
23protection and rehabilitation district ordinance, except
for an action for
a first
24violation of s. 23.33 (4c) (a) 2., 30.681 (1) (b) 1., 346.63 (1) (b), or 350.101 (1) (b), if the
25person who committed the violation had a blood alcohol concentration between 0.08
1and 0.099 at the time of the violation, or for a safety belt use violation under s. 347.48
2(2m), the county, town, city, village, town sanitary district or public inland lake
3protection and rehabilitation district shall pay a nonrefundable fee of $5 to the clerk
4of circuit court.
AB88-engrossed,9,126
814.634
(1) (a) Except for an action
for a first violation of s. 23.33 (4c) (a) 2.,
730.681 (1) (b) 1., 346.63 (1) (b), or 350.101 (1) (b), if the person who committed the
8violation had a blood alcohol concentration between 0.08 and 0.099 at the time of the
9violation, or for a safety belt use violation under s. 347.48 (2m), the clerk of circuit
10court shall charge and collect a $52 court support services fee from any person,
11including any governmental unit as defined in s. 108.02 (17), paying a fee under s.
12814.61 (1) (a), (3), or (8) (am) or 814.63 (1).
AB88-engrossed,9,2114
814.635
(1) Except for an action for
a first violation of s. 23.33 (4c) (a) 2., 30.681
15(1) (b) 1., 346.63 (1) (b), or 350.101 (1) (b), if the person who committed the violation
16had a blood alcohol concentration between 0.08 and 0.099 at the time of the violation,
17or for a safety belt use violation under s. 347.48 (2m), the clerk of circuit court shall
18charge and collect a $9 justice information system fee from any person, including any
19governmental unit as defined in s. 108.02 (17), paying a fee under s. 814.61 (1) (a),
20(3) or (8) (am), 814.62 (1), (2) or (3) (a) or (b) or 814.63 (1). The justice information
21system fee is in addition to the other fees listed in this section.
AB88-engrossed,9,2523
814.65
(1) Court costs. In a municipal court action, except
for an action for
24a first violation of s. 23.33 (4c) (a) 2., 30.681 (1) (b) 1., 346.63 (1) (b), or 350.101 (1)
25(b), if the person who committed the violation had a blood alcohol concentration
1between 0.08 and 0.099 at the time of the violation, or for a violation of an ordinance
2in conformity with s. 347.48 (2m), the municipal judge shall collect a fee of not less
3than $15 nor more than $23 on each separate matter, whether it is on default of
4appearance, a plea of guilty or no contest, on issuance of a warrant or summons or
5the action is tried as a contested matter. Of each fee received by the judge under this
6subsection, the municipal treasurer shall pay monthly $5 to the state treasurer for
7deposit in the general fund and shall retain the balance for the use of the
8municipality.
AB88-engrossed,10,1612
885.235
(1g) (b) Except with respect to the operation of a commercial motor
13vehicle as provided in par. (d), the fact that the analysis shows that the person had
14an alcohol concentration of more than 0.04 but less than
0.1 0.08 is relevant evidence
15on the issue of intoxication or an alcohol concentration of
0.1 0.08 or more but is not
16to be given any prima facie effect.
AB88-engrossed,10,2419
885.235
(1g) (c)
The In cases involving persons who have 2 or fewer prior
20convictions, suspensions, or revocations, as counted under s. 343.307 (1), the fact
21that the analysis shows that the person had an alcohol concentration of
0.1 0.08 or
22more is prima facie evidence that he or she was under the influence of an intoxicant
23and is prima facie evidence that he or she had an alcohol concentration of
0.1 0.08 24or more.
AB88-engrossed,11,132
885.235
(1m) In any action under s. 23.33 (4c) (a) 3., 30.681 (1) (bn), 346.63 (2m)
3or (7)
, or 350.101 (1) (c), evidence of the amount of alcohol in the person's blood at the
4time in question, as shown by chemical analysis of a sample of the person's blood or
5urine or evidence of the amount of alcohol in the person's breath, is admissible on the
6issue of whether he or she had an alcohol concentration in the range specified in s.
723.33 (4c) (a) 3., 30.681 (1) (bn), 346.63 (2m)
, or 350.101 (1) (c) or an alcohol
8concentration above 0.0 under s. 346.63 (7) if the sample was taken within 3 hours
9after the event to be proved. The fact that the analysis shows that the person had
10an alcohol concentration of more than 0.0 but not more than
0.1 0.08 is prima facie
11evidence that the person had an alcohol concentration in the range specified in s.
1223.33 (4c) (a) 3., 30.681 (1) (bn), 346.63 (2m)
, or 350.101 (1) (c) or an alcohol
13concentration above 0.0 under s. 346.63 (7).
AB88-engrossed,11,1715
940.09
(1) (bm) Causes the death of another by the operation of a commercial
16motor vehicle while the person has an alcohol concentration of 0.04 or more but less
17than
0.1 0.08.
AB88-engrossed,11,2119
940.09
(1) (e) Causes the death of an unborn child by the operation of a
20commercial motor vehicle while the person has an alcohol concentration of 0.04 or
21more but less than
0.1 0.08.
AB88-engrossed,11,2423
940.09
(1g) (b) Causes the death of another by the operation or handling of a
24firearm or airgun while the person has an alcohol concentration of
0.1 0.08 or more.
AB88-engrossed,12,3
1940.09
(1g) (d) Causes the death of an unborn child by the operation or
2handling of a firearm or airgun while the person has an alcohol concentration of
0.1 30.08 or more.
AB88-engrossed,12,75
940.25
(1) (bm) Causes great bodily harm to another human being by the
6operation of a commercial motor vehicle while the person has an alcohol
7concentration of 0.04 or more but less than
0.1 0.08.
AB88-engrossed,12,119
940.25
(1) (e) Causes great bodily harm to an unborn child by the operation of
10a commercial motor vehicle while the person has an alcohol concentration of 0.04 or
11more but less than
0.1 0.08.
AB88-engrossed,12,1913
949.08
(2) (em) Is an adult passenger in the offender's commercial motor
14vehicle and the crime involved is specified in s. 346.63 (6) or 940.25 and the passenger
15knew the offender was under the influence of an intoxicant, a controlled substance,
16a controlled substance analog or any combination of an intoxicant, controlled
17substance and controlled substance analog, or had an alcohol concentration of 0.04
18or more but less than
0.1 0.08. This paragraph does not apply if the victim is also a
19victim of a crime specified in s. 940.30, 940.305, 940.31
, or 948.30.
AB88-engrossed,13,321
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, a controlled substance analog or any
24combination of an intoxicant, controlled substance and controlled substance analog
25to a degree which renders him or her incapable of operating a motorboat safely, or
1under the combined influence of an intoxicant and any other drug to a degree which
2renders him or her incapable of operating a motorboat safely or having an alcohol
3concentration of
0.1 0.08 or more.
AB88-engrossed,13,65
(1) This act first applies to offenses committed on the effective date of this
6subsection.
AB88-engrossed,13,88
(1) This act takes effect on September 30, 2003.
