LRB-1356/1
PJH:kjf&jld:cph
2003 - 2004 LEGISLATURE
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
1An Act to repeal 340.01 (46m) (b), 885.235 (1g) (a) 2., 885.235 (1g) (bd) and
2885.235 (1g) (cd);
to renumber 885.235 (1g) (a) 1.; and
to amend 23.33 (4c) (a)
32., 23.33 (4c) (a) 3., 23.33 (4c) (b) 2., 23.33 (4c) (b) 4., 30.681 (1) (b) 1., 30.681 (1)
4(bn), 30.681 (2) (b) 1., 30.681 (2) (d) 1., 340.01 (46m) (a), 343.31 (1) (ar), 346.63
5(2m), 346.63 (5) (a), 346.63 (6) (a), 350.101 (1) (b), 350.101 (1) (c), 350.101 (2) (b),
6350.101 (2) (d), 885.235 (1g) (b), 885.235 (1g) (c), 885.235 (1m), 940.09 (1) (bm),
7940.09 (1) (e), 940.09 (1g) (b), 940.09 (1g) (d), 940.25 (1) (bm), 940.25 (1) (e),
8949.08 (2) (em) and 967.055 (1) (b) of the statutes;
relating to: prohibited
9alcohol 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
1Section
1. 23.33 (4c) (a) 2. of the statutes is amended to read:
AB88,2,42
23.33
(4c) (a) 2. `Operating with alcohol concentrations at or above specified
3levels.' No person may engage in the operation of an all-terrain vehicle while the
4person has an alcohol concentration of
0.1 0.08 or more.
AB88, s. 2
5Section
2. 23.33 (4c) (a) 3. of the statutes is amended to read:
AB88,2,96
23.33
(4c) (a) 3. `Operating with alcohol concentrations at specified levels;
7below age 19.' If a person has not attained the age of 19, the person may not engage
8in the operation of an all-terrain vehicle while he or she has an alcohol concentration
9of more than 0.0 but not more than
0.1 0.08.
AB88, s. 3
10Section
3. 23.33 (4c) (b) 2. of the statutes is amended to read:
AB88,2,1311
23.33
(4c) (b) 2. `Causing injury with alcohol concentrations at or above
12specified levels.' No person who has an alcohol concentration of
0.1 0.08 or more may
13cause injury to another person by the operation of an all-terrain vehicle.
AB88, s. 4
14Section
4. 23.33 (4c) (b) 4. of the statutes is amended to read:
AB88,3,215
23.33
(4c) (b) 4. `Defenses.' In an action under this paragraph, the defendant
16has a defense if he or she proves by a preponderance of the evidence that the injury
17would have occurred even if he or she had been exercising due care and he or she had
1not been under the influence of an intoxicant or did not have an alcohol concentration
2of
0.1 0.08 or more.
AB88, s. 5
3Section
5. 30.681 (1) (b) 1. of the statutes is amended to read:
AB88,3,64
30.681
(1) (b) 1. No person may engage in the operation of a motorboat while
5the person has an alcohol concentration of
0.1 0.08 or more. This subdivision does
6not apply to commercial motorboats.
AB88, s. 6
7Section
6. 30.681 (1) (bn) of the statutes is amended to read:
AB88,3,118
30.681
(1) (bn)
Operating with alcohol concentrations at specified levels; below
9legal drinking age. A person who has not attained the legal drinking age, as defined
10in s. 125.02 (8m), may not engage in the operation of a motorboat while he or she has
11a blood alcohol concentration of more than 0.0 but less than
0.1 0.08.
AB88, s. 7
12Section
7. 30.681 (2) (b) 1. of the statutes is amended to read:
AB88,3,1513
30.681
(2) (b) 1. No person who has an alcohol concentration of
0.1 0.08 or more
14may cause injury to another person by the operation of a motorboat. This subdivision
15does not apply to commercial motorboats.
AB88, s. 8
16Section
8. 30.681 (2) (d) 1. of the statutes is amended to read:
AB88,3,2217
30.681
(2) (d) 1. In an action under this subsection for a violation of the
18intoxicated boating law where the defendant was operating a motorboat that is not
19a commercial motorboat, the defendant has a defense if he or she proves by a
20preponderance of the evidence that the injury would have occurred even if he or she
21had been exercising due care and he or she had not been under the influence of an
22intoxicant or did not have an alcohol concentration of
0.1 0.08 or more.
AB88, s. 9
23Section
9. 340.01 (46m) (a) of the statutes is amended to read:
AB88,4,3
1340.01
(46m) (a) If the person has
one or no 2 or fewer prior convictions,
2suspensions
, or revocations, as counted under s. 343.307 (1), an alcohol
3concentration of
0.1 0.08 or more.
AB88, s. 10
4Section
10. 340.01 (46m) (b) of the statutes is repealed.
AB88, s. 11
5Section
11. 343.31 (1) (ar) of the statutes is amended to read:
AB88,4,86
343.31
(1) (ar) Injury by the operation of a commercial motor vehicle while the
7person has an alcohol concentration of 0.04 or more but less than
0.1 0.08 and which
8is criminal under s. 346.63 (6).
AB88, s. 12
9Section
12. 346.63 (2m) of the statutes is amended to read:
AB88,4,1710
346.63
(2m) If a person has not attained the legal drinking age, as defined in
11s. 125.02 (8m), the person may not drive or operate a motor vehicle while he or she
12has an alcohol concentration of more than 0.0 but not more than
0.1 0.08. One
13penalty for violation of this subsection is suspension of a person's operating privilege
14under s. 343.30 (1p). The person is eligible for an occupational license under s. 343.10
15at any time. If a person arrested for a violation of this subsection refuses to take a
16test under s. 343.305, the refusal is a separate violation and the person is subject to
17revocation of the person's operating privilege under s. 343.305 (10) (em).
AB88, s. 13
18Section
13. 346.63 (5) (a) of the statutes is amended to read:
AB88,4,2019
346.63
(5) (a) No person may drive or operate a commercial motor vehicle while
20the person has an alcohol concentration of 0.04 or more but less than
0.1 0.08.
AB88, s. 14
21Section
14. 346.63 (6) (a) of the statutes is amended to read:
AB88,4,2422
346.63
(6) (a) No person may cause injury to another person by the operation
23of a commercial motor vehicle while the person has an alcohol concentration of 0.04
24or more but less than
0.1 0.08.
AB88, s. 15
25Section
15. 350.101 (1) (b) of the statutes is amended to read:
AB88,5,3
1350.101
(1) (b)
Operating with alcohol concentrations at or above specified
2levels. No person may engage in the operation of a snowmobile while the person has
3an alcohol concentration of
0.1 0.08 or more.
AB88, s. 16
4Section
16. 350.101 (1) (c) of the statutes is amended to read:
AB88,5,85
350.101
(1) (c)
Operating with alcohol concentrations at specified levels; below
6age 19. If a person has not attained the age of 19, the person may not engage in the
7operation of a snowmobile while he or she has an alcohol concentration of more than
80.0 but not more than
0.1 0.08.
AB88, s. 17
9Section
17. 350.101 (2) (b) of the statutes is amended to read:
AB88,5,1210
350.101
(2) (b)
Causing injury with alcohol concentrations at or above specified
11levels. No person who has an alcohol concentration of
0.1 0.08 or more may cause
12injury to another person by the operation of a snowmobile.
AB88, s. 18
13Section
18. 350.101 (2) (d) of the statutes is amended to read:
AB88,5,1814
350.101
(2) (d)
Defenses. In an action under this subsection, the defendant has
15a defense if he or she proves by a preponderance of the evidence that the injury would
16have occurred even if he or she had been exercising due care and he or she had not
17been under the influence of an intoxicant or did not have an alcohol concentration
18of
0.1 0.08 or more.
AB88, s. 19
19Section
19. 885.235 (1g) (a) 1. of the statutes is renumbered 885.235 (1g) (a).
AB88, s. 20
20Section
20. 885.235 (1g) (a) 2. of the statutes is repealed.
AB88, s. 21
21Section
21. 885.235 (1g) (b) of the statutes is amended to read:
AB88,6,222
885.235
(1g) (b) Except with respect to the operation of a commercial motor
23vehicle as provided in par. (d), the fact that the analysis shows that the person had
24an alcohol concentration of more than 0.04 but less than
0.1 0.08 is relevant evidence
1on the issue of intoxication or an alcohol concentration of
0.1 0.08 or more but is not
2to be given any prima facie effect.
AB88, s. 22
3Section
22. 885.235 (1g) (bd) of the statutes is repealed.
AB88, s. 23
4Section
23. 885.235 (1g) (c) of the statutes is amended to read:
AB88,6,105
885.235
(1g) (c)
The In cases involving persons who have 2 or fewer prior
6convictions, suspensions, or revocations, as counted under s. 343.307 (1), the fact
7that the analysis shows that the person had an alcohol concentration of
0.1 0.08 or
8more is prima facie evidence that he or she was under the influence of an intoxicant
9and is prima facie evidence that he or she had an alcohol concentration of
0.1 0.08 10or more.
AB88, s. 24
11Section
24. 885.235 (1g) (cd) of the statutes is repealed.
AB88, s. 25
12Section
25. 885.235 (1m) of the statutes is amended to read:
AB88,6,2413
885.235
(1m) In any action under s. 23.33 (4c) (a) 3., 30.681 (1) (bn), 346.63 (2m)
14or (7)
, or 350.101 (1) (c), evidence of the amount of alcohol in the person's blood at the
15time in question, as shown by chemical analysis of a sample of the person's blood or
16urine or evidence of the amount of alcohol in the person's breath, is admissible on the
17issue of whether he or she had an alcohol concentration in the range specified in s.
1823.33 (4c) (a) 3., 30.681 (1) (bn), 346.63 (2m)
, or 350.101 (1) (c) or an alcohol
19concentration above 0.0 under s. 346.63 (7) if the sample was taken within 3 hours
20after the event to be proved. The fact that the analysis shows that the person had
21an alcohol concentration of more than 0.0 but not more than
0.1 0.08 is prima facie
22evidence that the person had an alcohol concentration in the range specified in s.
2323.33 (4c) (a) 3., 30.681 (1) (bn), 346.63 (2m)
, or 350.101 (1) (c) or an alcohol
24concentration above 0.0 under s. 346.63 (7).
AB88, s. 26
25Section
26. 940.09 (1) (bm) of the statutes is amended to read:
AB88,7,3
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.
AB88, s. 27
4Section
27. 940.09 (1) (e) of the statutes is amended to read:
AB88,7,75
940.09
(1) (e) Causes the death of an unborn child by the operation of a
6commercial motor vehicle while the person has an alcohol concentration of 0.04 or
7more but less than
0.1 0.08.
AB88, s. 28
8Section
28. 940.09 (1g) (b) of the statutes is amended to read: