AB88: Bill Text

2003 Assembly BILL 88

February 20, 2003 - Introduced by Representatives Ainsworth, Bies, Berceau, Gottlieb, J. Lehman, Olsen, Owens and Townsend, cosponsored by Senator Roessler. Referred to Committee on Transportation.

AB88,1,9 An Act to repeal 340.01 (46m) (b), 885.235 (1g) (a) 2., 885.235 (1g) (bd) and 885.235 (1g) (cd); to renumber 885.235 (1g) (a) 1.; and to amend 23.33 (4c) (a) 2., 23.33 (4c) (a) 3., 23.33 (4c) (b) 2., 23.33 (4c) (b) 4., 30.681 (1) (b) 1., 30.681 (1) (bn), 30.681 (2) (b) 1., 30.681 (2) (d) 1., 340.01 (46m) (a), 343.31 (1) (ar), 346.63 (2m), 346.63 (5) (a), 346.63 (6) (a), 350.101 (1) (b), 350.101 (1) (c), 350.101 (2) (b), 350.101 (2) (d), 885.235 (1g) (b), 885.235 (1g) (c), 885.235 (1m), 940.09 (1) (bm), 940.09 (1) (e), 940.09 (1g) (b), 940.09 (1g) (d), 940.25 (1) (bm), 940.25 (1) (e), 949.08 (2) (em) and 967.055 (1) (b) of the statutes; relating to: prohibited alcohol concentration.

Analysis by the Legislative Reference Bureau

Under current law, a person may not operate a motor vehicle if he or she has an alcohol concentration of 0.1 or more. If a person has two convictions relating to operating a motor vehicle with a prohibited alcohol concentration, he or she may not operate a motor vehicle if he or she has an alcohol concentration of 0.08 or more. If a person has three or more convictions relating to operating a motor vehicle with a prohibited alcohol concentration, he or she may not operate a motor vehicle if he or she has an alcohol concentration of 0.02 or more.

Also under current law, a person may not operate an all-terrain vehicle, a snowmobile, or a boat if he or she has an alcohol concentration of 0.1 or more.

This bill changes the prohibited alcohol concentration from 0.1 to 0.08 for a person with one or no prior convictions relating to operating a motor vehicle with a prohibited alcohol concentration and from 0.1 to 0.08 for a person operating an all- terrain vehicle, a snowmobile, or a boat.

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:

AB88, s. 1 Section 1. 23.33 (4c) (a) 2. of the statutes is amended to read:

AB88,2,4 23.33 (4c) (a) 2. `Operating with alcohol concentrations at or above specified levels.' No person may engage in the operation of an all-terrain vehicle while the person has an alcohol concentration of 0.1 0.08 or more.

AB88, s. 2 Section 2. 23.33 (4c) (a) 3. of the statutes is amended to read:

AB88,2,9 23.33 (4c) (a) 3. `Operating with alcohol concentrations at specified levels; below age 19.' If a person has not attained the age of 19, the person may not engage in the operation of an all-terrain vehicle while he or she has an alcohol concentration of more than 0.0 but not more than 0.1 0.08.

AB88, s. 3 Section 3. 23.33 (4c) (b) 2. of the statutes is amended to read:

AB88,2,13 23.33 (4c) (b) 2. `Causing injury with alcohol concentrations at or above specified levels.' No person who has an alcohol concentration of 0.1 0.08 or more may cause injury to another person by the operation of an all-terrain vehicle.

AB88, s. 4 Section 4. 23.33 (4c) (b) 4. of the statutes is amended to read:

AB88,3,2 23.33 (4c) (b) 4. `Defenses.' In an action under this paragraph, the defendant has a defense if he or she proves by a preponderance of the evidence that the injury would have occurred even if he or she had been exercising due care and he or she had not been under the influence of an intoxicant or did not have an alcohol concentration of 0.1 0.08 or more.

AB88, s. 5 Section 5. 30.681 (1) (b) 1. of the statutes is amended to read:

AB88,3,6 30.681 (1) (b) 1. No person may engage in the operation of a motorboat while the person has an alcohol concentration of 0.1 0.08 or more. This subdivision does not apply to commercial motorboats.

AB88, s. 6 Section 6. 30.681 (1) (bn) of the statutes is amended to read:

AB88,3,11 30.681 (1) (bn) Operating with alcohol concentrations at specified levels; below legal drinking age. A person who has not attained the legal drinking age, as defined in s. 125.02 (8m), may not engage in the operation of a motorboat while he or she has a blood alcohol concentration of more than 0.0 but less than 0.1 0.08.

AB88, s. 7 Section 7. 30.681 (2) (b) 1. of the statutes is amended to read:

AB88,3,15 30.681 (2) (b) 1. No person who has an alcohol concentration of 0.1 0.08 or more may cause injury to another person by the operation of a motorboat. This subdivision does not apply to commercial motorboats.

AB88, s. 8 Section 8. 30.681 (2) (d) 1. of the statutes is amended to read:

AB88,3,22 30.681 (2) (d) 1. In an action under this subsection for a violation of the intoxicated boating law where the defendant was operating a motorboat that is not a commercial motorboat, the defendant has a defense if he or she proves by a preponderance of the evidence that the injury would have occurred even if he or she had been exercising due care and he or she had not been under the influence of an intoxicant or did not have an alcohol concentration of 0.1 0.08 or more.

AB88, s. 9 Section 9. 340.01 (46m) (a) of the statutes is amended to read:

AB88,4,3 340.01 (46m) (a) If the person has one or no 2 or fewer prior convictions, suspensions, or revocations, as counted under s. 343.307 (1), an alcohol concentration of 0.1 0.08 or more.

AB88, s. 10 Section 10. 340.01 (46m) (b) of the statutes is repealed.

AB88, s. 11 Section 11. 343.31 (1) (ar) of the statutes is amended to read:

AB88,4,8 343.31 (1) (ar) Injury by the operation of a commercial motor vehicle while the person has an alcohol concentration of 0.04 or more but less than 0.1 0.08 and which is criminal under s. 346.63 (6).

AB88, s. 12 Section 12. 346.63 (2m) of the statutes is amended to read:

AB88,4,17 346.63 (2m) If a person has not attained the legal drinking age, as defined in s. 125.02 (8m), the person may not drive or operate a motor vehicle while he or she has an alcohol concentration of more than 0.0 but not more than 0.1 0.08. 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).

AB88, s. 13 Section 13. 346.63 (5) (a) of the statutes is amended to read:

AB88,4,20 346.63 (5) (a) No person may drive or operate a commercial motor vehicle while the person has an alcohol concentration of 0.04 or more but less than 0.1 0.08.

AB88, s. 14 Section 14. 346.63 (6) (a) of the statutes is amended to read:

AB88,4,24 346.63 (6) (a) No person may cause injury to another person by the operation of a commercial motor vehicle while the person has an alcohol concentration of 0.04 or more but less than 0.1 0.08.

AB88, s. 15 Section 15. 350.101 (1) (b) of the statutes is amended to read:

AB88,5,3 350.101 (1) (b) Operating with alcohol concentrations at or above specified levels. No person may engage in the operation of a snowmobile while the person has an alcohol concentration of 0.1 0.08 or more.

AB88, s. 16 Section 16. 350.101 (1) (c) of the statutes is amended to read:

AB88,5,8 350.101 (1) (c) Operating with alcohol concentrations at specified levels; below age 19. If a person has not attained the age of 19, the person may not engage in the operation of a snowmobile while he or she has an alcohol concentration of more than 0.0 but not more than 0.1 0.08.

AB88, s. 17 Section 17. 350.101 (2) (b) of the statutes is amended to read:

AB88,5,12 350.101 (2) (b) Causing injury with alcohol concentrations at or above specified levels. No person who has an alcohol concentration of 0.1 0.08 or more may cause injury to another person by the operation of a snowmobile.

AB88, s. 18 Section 18. 350.101 (2) (d) of the statutes is amended to read:

AB88,5,18 350.101 (2) (d) Defenses. In an action under this subsection, the defendant has a defense if he or she proves by a preponderance of the evidence that the injury would have occurred even if he or she had been exercising due care and he or she had not been under the influence of an intoxicant or did not have an alcohol concentration of 0.1 0.08 or more.

AB88, s. 19 Section 19. 885.235 (1g) (a) 1. of the statutes is renumbered 885.235 (1g) (a).

AB88, s. 20 Section 20. 885.235 (1g) (a) 2. of the statutes is repealed.

AB88, s. 21 Section 21. 885.235 (1g) (b) of the statutes is amended to read:

AB88,6,2 885.235 (1g) (b) Except with respect to the operation of a commercial motor vehicle as provided in par. (d), the fact that the analysis shows that the person had an alcohol concentration of more than 0.04 but less than 0.1 0.08 is relevant evidence on the issue of intoxication or an alcohol concentration of 0.1 0.08 or more but is not to be given any prima facie effect.

AB88, s. 22 Section 22. 885.235 (1g) (bd) of the statutes is repealed.

AB88, s. 23 Section 23. 885.235 (1g) (c) of the statutes is amended to read:

AB88,6,10 885.235 (1g) (c) The In cases involving persons who have 2 or fewer prior convictions, suspensions, or revocations, as counted under s. 343.307 (1), the fact that the analysis shows that the person had an alcohol concentration of 0.1 0.08 or more is prima facie evidence that he or she was under the influence of an intoxicant and is prima facie evidence that he or she had an alcohol concentration of 0.1 0.08 or more.

AB88, s. 24 Section 24. 885.235 (1g) (cd) of the statutes is repealed.

AB88, s. 25 Section 25. 885.235 (1m) of the statutes is amended to read:

AB88,6,24 885.235 (1m) In any action under s. 23.33 (4c) (a) 3., 30.681 (1) (bn), 346.63 (2m) or (7), or 350.101 (1) (c), evidence of the amount of alcohol in the person's blood at the time in question, as shown by chemical analysis of a sample of the person's blood or urine or evidence of the amount of alcohol in the person's breath, is admissible on the issue of whether he or she had an alcohol concentration in the range specified in s. 23.33 (4c) (a) 3., 30.681 (1) (bn), 346.63 (2m), or 350.101 (1) (c) or an alcohol concentration above 0.0 under s. 346.63 (7) if the sample was taken within 3 hours after the event to be proved. The fact that the analysis shows that the person had an alcohol concentration of more than 0.0 but not more than 0.1 0.08 is prima facie evidence that the person had an alcohol concentration in the range specified in s. 23.33 (4c) (a) 3., 30.681 (1) (bn), 346.63 (2m), or 350.101 (1) (c) or an alcohol concentration above 0.0 under s. 346.63 (7).

AB88, s. 26 Section 26. 940.09 (1) (bm) of the statutes is amended to read:

AB88,7,3 940.09 (1) (bm) Causes the death of another by the operation of a commercial motor vehicle while the person has an alcohol concentration of 0.04 or more but less than 0.1 0.08.

AB88, s. 27 Section 27. 940.09 (1) (e) of the statutes is amended to read:

AB88,7,7 940.09 (1) (e) Causes the death of an unborn child by the operation of a commercial motor vehicle while the person has an alcohol concentration of 0.04 or more but less than 0.1 0.08.

AB88, s. 28 Section 28. 940.09 (1g) (b) of the statutes is amended to read:

AB88,7,10 940.09 (1g) (b) Causes the death of another by the operation or handling of a firearm or airgun while the person has an alcohol concentration of 0.1 0.08 or more.

AB88, s. 29 Section 29. 940.09 (1g) (d) of the statutes is amended to read:

AB88,7,14 940.09 (1g) (d) Causes the death of an unborn child by the operation or handling of a firearm or airgun while the person has an alcohol concentration of 0.1 0.08 or more.

AB88, s. 30 Section 30. 940.25 (1) (bm) of the statutes is amended to read:

AB88,7,18 940.25 (1) (bm) Causes great bodily harm to another human being by the operation of a commercial motor vehicle while the person has an alcohol concentration of 0.04 or more but less than 0.1 0.08.

AB88, s. 31 Section 31. 940.25 (1) (e) of the statutes is amended to read:

AB88,7,22 940.25 (1) (e) Causes great bodily harm to an unborn child by the operation of a commercial motor vehicle while the person has an alcohol concentration of 0.04 or more but less than 0.1 0.08.

AB88, s. 32 Section 32. 949.08 (2) (em) of the statutes is amended to read:

AB88,8,5 949.08 (2) (em) Is an adult passenger in the offender's commercial motor vehicle and the crime involved is specified in s. 346.63 (6) or 940.25 and the passenger knew the offender was under the influence of an intoxicant, a controlled substance, a controlled substance analog or any combination of an intoxicant, controlled substance and controlled substance analog, or had an alcohol concentration of 0.04 or more but less than 0.1 0.08. This paragraph does not apply if the victim is also a victim of a crime specified in s. 940.30, 940.305, 940.31, or 948.30.

AB88, s. 33 Section 33. 967.055 (1) (b) of the statutes is amended to read:

AB88,8,14 967.055 (1) (b) The legislature intends to encourage the vigorous prosecution of offenses concerning the operation of motorboats by persons under the influence of an intoxicant, a controlled substance, a controlled substance analog or any combination of an intoxicant, controlled substance and controlled substance analog to a degree which renders him or her incapable of operating a motorboat safely, or under the combined influence of an intoxicant and any other drug to a degree which renders him or her incapable of operating a motorboat safely or having an alcohol concentration of 0.1 0.08 or more.

AB88, s. 34 Section 34. Initial applicability.

AB88,8,17 (1) This act first applies to offenses committed on the effective date of this subsection.

AB88, s. 35 Section 35. Effective date.

AB88,8,19 (1) This act takes effect on September 30, 2003.

AB88,8,20 (End)