1. Under current law, if a person is convicted of a second OWI-related offense,
a judge may immobilize the person's motor vehicles or require that the person's
operating privilege be limited to operating vehicles that are equipped with an
ignition interlock device. If a person is convicted of a third or subsequent
OWI-related offense within five years, a judge must limit the person's operating
privilege to operating vehicles that are equipped with an ignition interlock device
unless the judge orders that the person's motor vehicles be immobilized or seized and
sold at auction.
Current law requires the person to pay for the costs of installing and monitoring
the ignition interlock device on every motor vehicle he or she owns. If the judge
determines that this would work a hardship to the person, current law allows the
judge to require an ignition interlock device on some, but not all, of the person's motor
vehicles.
Under current law, no one may remove, disconnect, tamper with, or otherwise
circumvent the operation of an ignition interlock device. A person who does so may
be required to forfeit not less than $150 nor more than $600 for the first offense and,
for a second or subsequent offense within five years, may be fined not less than $300
nor more than $1,000, or imprisoned for not more than six months, or both.
This substitute amendment eliminates the option of ordering the person's
vehicle to be immobilized or seized and sold at auction. The substitute amendment
makes it mandatory for a judge to require that the person's operating privilege be
limited, for a minimum of one year, to operating vehicles that are equipped with an
ignition interlock device if either of the following are true: 1) the person commits a
first OWI-related offense with an alcohol concentration of 0.15 or more; or 2) the
person commits a second OWI-related offense.
Under the substitute amendment, the judge must order that every motor
vehicle the person owns be equipped with an ignition interlock device. If the judge
determines that the person's income is at or below 150 percent of the federal poverty
level, the person is required to pay a $50 surcharge upon the installation of the first
ignition interlock device and, for each ignition interlock device, half of the
installation cost, and one-half of the cost per day toward the cost of monitoring the
ignition interlock device. A person whose income is above 150 percent of the federal
poverty level is required to pay the surcharge and assume the full cost of installing
and monitoring each ignition interlock device. Under the substitute amendment, if
a person who is ordered to do so fails to pay the surcharge or fails to have an ignition
interlock device installed, he or she may not obtain an occupational license.
Under the substitute amendment, a court may order a person who removes,
disconnects, tampers with, or otherwise circumvents the operation of an ignition
interlock device to be imprisoned for not more than six months for a first offense. The
substitute amendment also subjects a person who fails to have an ignition interlock
device installed as ordered by the court to the same penalties as a person who
removes, disconnects, tampers with, or otherwise circumvents the operation of an
ignition interlock device.
2. Under current law, a person who is subject to a forfeiture or a fine for
violating most state laws or local ordinances is also liable for a variety of penalty
surcharges and court fees. In addition, a person who commits an OWI-related
offense is liable for a penalty surcharge for driver improvement programs and is
required to comply with an alcohol and other drug assessment before he or she is
eligible for reinstatement of his or her driving privileges.
Currently, a person who commits his or her first OWI-related offense and who
has a blood alcohol concentration between 0.08 and 0.099 at the time of the offense
is not liable for the surcharges or fees and does not need to comply with an alcohol
or other drug assessment program. Further, the Department of Transportation
(DOT) must purge its records of a first offense related to driving while intoxicated
after ten years; the department keeps all other records of offenses related to driving
while intoxicated permanently.
Under this substitute amendment, a person who commits his or her first
OWI-related offense and who has a blood alcohol concentration between 0.08 and
0.099 at the time of the violation is liable for the surcharges or fees and must comply
with an alcohol or other drug assessment program before his or her driving privileges
may be reinstated. Under this substitute amendment, DOT must keep a record of
this offense permanently.
3. Under current law, a person who commits an OWI-related offense is subject
to a forfeiture or fine and, for a second or subsequent offense, a period of
imprisonment. Currently, a person who commits a first OWI-related offense is
subject to a forfeiture between $150 and $300. A person who commits a second
OWI-related offense is subject to a fine between $350 and $1,100 and may be
imprisoned for not less than five days nor more than six months, a person who
commits a third offense is subject to a fine between $600 and $2,000 and may be
imprisoned for not less than 30 days nor more than one year, a person who commits
a fourth offense may be fined between $600 and $2,000 and may be imprisoned for
not less than 60 days nor more than one year.
Upon committing a fifth or sixth OWI-related offense, a person is guilty of a
Class H felony, and is subject to a minimum fine of $600, a six-month minimum term
of imprisonment, and a maximum term of imprisonment of six years. A seventh,
eighth, or ninth OWI-related offense is a Class G felony, and the person is subject
to a maximum fine of $25,000 and a maximum term of imprisonment of ten years.
A tenth or subsequent OWI-related offense is a Class F felony, and the person is
subject to a maximum fine of $25,000, and a maximum term of imprisonment of 12
years and six months.
Under current law, a person who is sentenced for a felony is sentenced to a
bifurcated sentence, and the person serves a portion of his or her sentence confined
in a prison and a portion under extended supervision outside of prison.
This substitute amendment makes a first OWI-related offense a crime if, at the
time of the offense, a child under the age of 16 was present in the vehicle involved
in the offense. Under the substitute amendment, the penalties for committing this
crime are the same as for committing a second OWI-related offense.
The substitute amendment makes a fourth OWI-related offense committed
within five years of a prior offense a Class H felony and requires a person who
commits a fourth OWI-related offense within five years to pay a minimum fine of
$600 and to serve a minimum term of six months' imprisonment. The substitute
amendment requires a person who commits a seventh, eighth, or ninth OWI-related
offense to serve a minimum period of confinement or three years in prison under a
bifurcated sentence and requires a person who commits a tenth or subsequent
OWI-related offense to serve a minimum period of confinement of four years in
prison under a bifurcated sentence.
4. Under current law, a person who commits an OWI-related offense and
causes injury to another is subject to a fine of not less than $300 nor more than
$2,000, imprisonment for not less than 30 days nor more than one year, or both.
Under this substitute amendment, a person who commits a second or
subsequent OWI-related offense and causes injury to another person is guilty of a
Class H felony, and is subject to a fine up to $10,000, imprisonment for not more than
six years, or both.
5.
2005 Wisconsin Act 389 created a pilot program for sentencing persons in
Winnebago County who are convicted of certain second or third OWI-related
offenses. Under that act, the period of imprisonment for an OWI-related offense in
Winnebago County may be reduced if the violator successfully completes a period of
probation that includes alcohol and other drug treatment. A person may complete
a treatment program and receive a reduced period of imprisonment only once.
This substitute amendment expands the sentencing option to any county that
opts to allow a violator to successfully complete a period of probation that includes
alcohol and other drug treatment in exchange for a shorter period of imprisonment.
6. Under current law, a person who commits an OWI-related offense has his
or her operating privileges revoked for a specified period. The period of revocation
lengthens with each subsequent OWI-related offense, and generally begins on the
date on which the person commits the OWI-related offense.
Under this substitute amendment, the period of revocation begins on the date
on which the person commits the OWI-related offense, but is tolled for any time
period that the person spends in jail or in prison. The substitute amendment makes
the person whose operating privileges are revoked responsible for notifying DOT
that he or she has been released from jail or prison.
7. Under current law, after a person is convicted of most crimes, the trial court
may withhold the person's sentence, or impose a sentence of imprisonment but stay
the imposition of imprisonment, and place the person on probation for a period of
time. If the crime carries a mandatory minimum period of incarceration of one year
or less, the person must be incarcerated for at least the mandatory minimum period
as a condition of his or her probation.
Under current law, a trial court may not place a person on probation if the
person has committed a second or third OWI-related offense or three or fewer
offenses related to operating a commercial vehicle or causing injury while operating
a vehicle while intoxicated or with a prohibited alcohol concentration. A trial court
may place a person who commits more than three of these offenses on probation
under current law.
Under this substitute amendment, a trial court may place a person who
commits any of those offenses on probation. Under the substitute amendment, a
person who commits an offense that carries a mandatory minimum period of
incarceration of one year or less must be incarcerated for at least the mandatory
minimum period as a condition of his or her probation.
8. Under current law, a person who is convicted of certain OWI-related offenses
is required to pay a driver improvement surcharge of $355 in addition to any
applicable forfeiture or fine, assessments, and costs. The driver improvement
surcharge is distributed between the county where the offense took place and the
state.
This substitute amendment creates a district attorney surcharge of $100 that
a person who commits an OWI-related offense must pay in addition to the driver
improvement surcharge and any other forfeiture or fine, assessment, and costs. The
money generated from this surcharge will be used to pay for prosecution of
OWI-related offenses.
9. Under current law, a trial court may, at its discretion, release a person who
has been convicted of a crime from imprisonment until the time of sentencing.
Current law also allows a sentencing court to delay the execution of a sentence of
imprisonment for up to 60 days, unless the court finds that there is legal cause to
delay the execution of the sentence for a longer period or unless the court places the
person on probation.
Under this substitute amendment, if a person has been convicted of a third or
subsequent OWI-related offense, and the conviction carries a minimum period of
imprisonment, a court may not release the person after conviction but before
sentencing until after the person has served at least the minimum period of
imprisonment. Under the substitute amendment, a court may not delay the
execution of a sentence of imprisonment unless the court finds that there is legal
cause to delay the execution of the sentence or unless the court places the person on
probation.
10. Under current law, revenue from the tax on fermented malt beverages and
from the tax on liquor is deposited into the general fund. Under the substitute
amendment, beginning July 1, 2011, $10,000,000 annually from the fermented malt
beverages tax and $10,000,000 annually from the liquor tax will be used to fund
alcohol and other drug abuse treatment in community-based corrections programs
for people who commit OWI-related offenses.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB283-ASA1, s. 1
1Section
1. 20.395 (5) (hj) of the statutes is created to read:
AB283-ASA1,6,42
20.395
(5) (hj)
Ignition interlock device administration and enforcement. All
3moneys received under s. 343.301 (5) for expenditures related to administering the
4ignition interlock device program under ss. 110.10 and 343.301.
AB283-ASA1, s. 2
5Section
2. 20.410 (1) (hh) of the statutes is created to read:
AB283-ASA1,6,146
20.410
(1) (hh)
Services for community corrections; fermented malt beverages
7tax receipts. All moneys received under s. 139.27 to provide, for persons who have
8been convicted of offenses related to intoxicated driving, alcohol and other drug
9abuse treatment services related to probation, extended supervision and parole, the
10intensive sanctions program under s. 301.048, the community residential
11confinement program under s. 301.046, programs of intensive supervision of adult
12offenders and minimum security correctional institutions established under s.
13301.13. No payments may be made under this paragraph for payments in accordance
14with other states party to the interstate corrections compact under s. 302.25.
AB283-ASA1, s. 3
15Section
3. 20.475 (1) (j) of the statutes is created to read:
AB283-ASA1,6,1816
20.475
(1) (j)
Prosecutions related to operating while intoxicated. All moneys
17received from the penalty surcharge on court fines and forfeitures under s. 346.657
18to be used for prosecutions under s. 978.05 (1m).
AB283-ASA1, s. 4
1Section
4. 25.40 (1) (a) 17. of the statutes is created to read:
AB283-ASA1,7,32
25.40
(1) (a) 17. Moneys collected under s. 343.301 (5) that are credited to the
3appropriation under s. 20.395 (5) (hj).
AB283-ASA1,7,8
5139.27 Revenue distribution. The first $10,000,000 collected in each fiscal
6year from the taxes imposed under s. 139.02 and the first $10,000,000 collected in
7each fiscal year from the taxes imposed under s. 139.03 shall be credited to the
8appropriation account under s. 20.410 (1) (hh).
AB283-ASA1, s. 6
9Section
6. 165.755 (1) (b) of the statutes is amended to read:
AB283-ASA1,7,1710
165.755
(1) (b) A court may not impose the crime laboratories and drug law
11enforcement surcharge under par. (a) for a violation of s. 101.123 (2) (a), (am) 1., (ar),
12(bm), (br), or (bv) or (5) (b)
, for a first violation of s. 23.33 (4c) (a) 2., 30.681 (1) (b) 1.,
13346.63 (1) (b), or 350.101 (1) (b), if the person who committed the violation had a blood
14alcohol concentration of 0.08 or more but less than 0.1 at the time of the violation, 15or for a violation of a state law or municipal or county ordinance involving a
16nonmoving traffic violation, a violation under s. 343.51 (1m) (b), or a safety belt use
17violation under s. 347.48 (2m).
AB283-ASA1, s. 7
18Section
7. 302.46 (1) (a) of the statutes is amended to read:
AB283-ASA1,8,619
302.46
(1) (a) If a court imposes a fine or forfeiture for a violation of state law
20or for a violation of a municipal or county ordinance except for a violation of s. 101.123
21(2) (a), (am) 1., (ar), (bm), (br), or (bv) or (5)
, or for a first violation of s. 23.33 (4c) (a)
222., 30.681 (1) (b) 1., 346.63 (1) (b), or 350.101 (1) (b), if the person who committed the
23violation had a blood alcohol concentration of 0.08 or more but less than 0.1 at the
24time of the violation, or for a violation of state laws or municipal or county ordinances
25involving nonmoving traffic violations, violations under s. 343.51 (1m) (b), or safety
1belt use violations under s. 347.48 (2m), the court, in addition, shall impose a jail
2surcharge under ch. 814 in an amount of 1 percent of the fine or forfeiture imposed
3or $10, whichever is greater. If multiple offenses are involved, the court shall
4determine the jail surcharge on the basis of each fine or forfeiture. If a fine or
5forfeiture is suspended in whole or in part, the court shall reduce the jail surcharge
6in proportion to the suspension.
AB283-ASA1, s. 8
7Section
8. 340.01 (46m) (c) of the statutes is amended to read:
AB283-ASA1,8,108
340.01
(46m) (c) If the person
is subject to an order under s. 343.301 or if the
9person has 3 or more prior convictions, suspensions or revocations, as counted under
10s. 343.307 (1), an alcohol concentration of more than 0.02.
AB283-ASA1, s. 10
12Section
10. 342.12 (4) (c) 1. c. of the statutes is amended to read:
AB283-ASA1,8,1513
342.12
(4) (c) 1. c. The person requesting the issuance of the certificate of title
14files an affidavit with the department attesting that the
conditions condition under
15subd. 1. a.
and b. are is met.
AB283-ASA1,9,217
342.13
(1) If a certificate of title is lost, stolen, mutilated, or destroyed, or
18becomes illegible, the owner or legal representative of the owner named in the
19certificate, as shown by the records of the department, shall promptly make
20application for and may obtain a replacement upon furnishing information
21satisfactory to the department. The replacement certificate of title shall contain a
22notation, in a form determined by the department, identifying the certificate as a
23replacement certificate that may be subject to the rights of a person under the
24original certificate.
If applicable under s. 346.65 (6), the replacement certificate of
1title shall include the notation "Per section 346.65 (6) of the Wisconsin statutes,
2ownership of this motor vehicle may not be transferred without prior court approval".
AB283-ASA1, s. 12
3Section
12. 343.10 (2) (a) (intro.) of the statutes is amended to read:
AB283-ASA1,9,54
343.10
(2) (a) (intro.) Except as provided in pars. (b) to
(e) (f), a person is eligible
5for an occupational license if the following conditions are satisfied:
AB283-ASA1,9,108
343.10
(2) (a) (intro.) Except as provided in pars. (b) to (f), and subject to s.
9343.165 (5), a person is eligible for an occupational license if the following conditions
10are satisfied:
AB283-ASA1,9,1712
343.10
(2) (f) If the court orders under s. 343.301 (1) that the person's operating
13privilege for the operation of "Class D" vehicles be restricted to operating vehicles
14that are equipped with an ignition interlock device, no occupational license may be
15granted until the person pays the surcharge under s. 343.301 (5) and submits proof
16that an ignition interlock device has been installed in each motor vehicle for which
17the person's name appears on the vehicle's certificate of title or registration.
AB283-ASA1, s. 15
18Section
15. 343.10 (5) (a) 3. of the statutes is amended to read:
AB283-ASA1,9,2619
343.10
(5) (a) 3.
If the applicant has 2 or more prior convictions, suspensions,
20or revocations, as counted under s. 343.307 (1), the The occupational license of the
21applicant shall restrict the applicant's operation under the occupational license to
22vehicles that are equipped with a functioning ignition interlock device if the court
23has ordered under s. 343.301 (1)
(a) 1. or 2. that the person's operating privilege for
24Class D vehicles be restricted to operating vehicles that are equipped with an
25ignition interlock device or has ordered under s. 346.65 (6) (a) 1., 1999 stats., that the
1motor vehicle owned by the person and used in the violation or improper refusal be
2equipped with an ignition interlock device. A person to whom a restriction under this
3subdivision applies violates that restriction if he or she
removes or disconnects an
4ignition interlock device, requests or permits another to blow into an ignition
5interlock device or to start a motor vehicle equipped with an ignition interlock device
6for the purpose of providing the person an operable motor vehicle without the
7necessity of first submitting a sample of his or her breath to analysis by the ignition
8interlock device
. If, or otherwise tampers with or circumvents the operation of the
9ignition interlock device. Except as provided in s. 343.301 (3) (b), if the occupational
10license restricts the applicant's operation to a vehicle that is equipped with an
11ignition interlock device, the applicant shall be liable for the reasonable costs of
12equipping the vehicle with the ignition interlock device.
AB283-ASA1,11,1415
343.23
(2) (b) The information specified in pars. (a) and (am) must be filed by
16the department so that the complete operator's record is available for the use of the
17secretary in determining whether operating privileges of such person shall be
18suspended, revoked, canceled, or withheld, or the person disqualified, in the interest
19of public safety. The record of suspensions, revocations, and convictions that would
20be counted under s. 343.307 (2) shall be maintained permanently
, except that the
21department shall purge the record of a first violation of s. 23.33 (4c) (a) 2., 30.681 (1)
22(b) 1., 346.63 (1) (b), or 350.101 (1) (b) after 10 years, if the person who committed the
23violation had a blood alcohol concentration of 0.08 or more but less than 0.1 at the
24time of the violation, if the person does not have a commercial driver license, if the
25violation was not committed by a person operating a commercial motor vehicle, and
1if the person has no other suspension, revocation, or conviction that would be counted
2under s. 343.307 during that 10-year period. The record of convictions for
3disqualifying offenses under s. 343.315 (2) (h) shall be maintained for at least 10
4years. The record of convictions for disqualifying offenses under s. 343.315 (2) (f), (j),
5and (L) and all records specified in par. (am), shall be maintained for at least 3 years.
6The record of convictions for disqualifying offenses under s. 343.315 (2) (a) to (e) shall
7be maintained permanently, except that 5 years after a licensee transfers residency
8to another state such record may be transferred to another state of licensure of the
9licensee if that state accepts responsibility for maintaining a permanent record of
10convictions for disqualifying offenses. Such reports and records may be cumulative
11beyond the period for which a license is granted, but the secretary, in exercising the
12power of suspension granted under s. 343.32 (2) may consider only those reports and
13records entered during the 4-year period immediately preceding the exercise of such
14power of suspension.
AB283-ASA1,12,1117
343.23
(2) (b) The information specified in pars. (a) and (am) must be filed by
18the department so that the complete operator's record is available for the use of the
19secretary in determining whether operating privileges of such person shall be
20suspended, revoked, canceled, or withheld, or the person disqualified, in the interest
21of public safety. The record of suspensions, revocations, and convictions that would
22be counted under s. 343.307 (2) shall be maintained permanently. The record of
23convictions for disqualifying offenses under s. 343.315 (2) (h) shall be maintained for
24at least 10 years. The record of convictions for disqualifying offenses under s.
25343.315 (2) (f), (j), and (L), and all records specified in par. (am), shall be maintained
1for at least 3 years. The record of convictions for disqualifying offenses under s.
2343.315 (2) (a) to (e) shall be maintained permanently, except that 5 years after a
3licensee transfers residency to another state such record may be transferred to
4another state of licensure of the licensee if that state accepts responsibility for
5maintaining a permanent record of convictions for disqualifying offenses. Such
6reports and records may be cumulative beyond the period for which a license is
7granted, but the secretary, in exercising the power of suspension granted under s.
8343.32 (2) may consider only those reports and records entered during the 4-year
9period immediately preceding the exercise of such power of suspension. The
10department shall maintain the digital images of documents specified in s. 343.165
11(2) (a) for at least 10 years.
AB283-ASA1, s. 18
12Section
18. 343.30 (1q) (b) 5. of the statutes is amended to read:
AB283-ASA1,12,1813
343.30
(1q) (b) 5. The time period under this paragraph shall be measured from
14the dates of the refusals or violations which resulted in the suspensions, revocations
15or convictions
, except that the time period shall be tolled whenever and for as long
16as the person is imprisoned. A person whose revocation period is tolled under this
17subdivision is responsible for notifying the department that he or she has been
18released from prison.
AB283-ASA1, s. 19
19Section
19. 343.30 (1q) (c) 1. (intro.) of the statutes is amended to read:
AB283-ASA1,13,520
343.30
(1q) (c) 1. (intro.) Except as provided in subd. 1. a. or b.,
and except for
21a first violation of s. 346.63 (1) (b), if the person who committed the violation had a
22blood alcohol concentration of 0.08 or more but less than 0.1 at the time of the
23violation, the court shall order the person to submit to and comply with an
24assessment by an approved public treatment facility as defined in s. 51.45 (2) (c) for
25examination of the person's use of alcohol, controlled substances or controlled
1substance analogs and development of a driver safety plan for the person. The court
2shall notify the department of transportation of the assessment order. The court
3shall notify the person that noncompliance with assessment or the driver safety plan
4will result in revocation of the person's operating privilege until the person is in
5compliance. The assessment order shall:
AB283-ASA1,13,127
343.30
(1z) If a court imposes a driver improvement surcharge under s. 346.655
8and a district attorney surcharge under s. 346.657 and the person fails to pay the
9surcharge surcharges within 60 days after the date by which the court ordered the
10surcharge surcharges to be paid, the court may suspend the person's operating
11privilege until the person pays
the surcharge both surcharges, except that the
12suspension period may not exceed 2 years.
AB283-ASA1,13,15
14343.301 (title)
Installation of ignition interlock device or
15immobilization of a motor vehicle.
AB283-ASA1, s. 23
17Section
23. 343.301 (1) of the statutes is repealed and recreated to read:
AB283-ASA1,13,2318
343.301
(1) A court shall order a person's operating privilege for the operation
19of "Class D" vehicles be restricted to operating vehicles that are equipped with an
20ignition interlock device and, except as provided in sub. (1m), shall order that each
21motor vehicle for which the person's name appears on the vehicle's certificate of title
22or registration be equipped with an ignition interlock device if either of the following
23applies:
AB283-ASA1,13,2424
(a) The person improperly refused to take a test under s. 343.305.
AB283-ASA1,14,2
1(b) The person violated s. 346.63 (1) or (2), 940.09 (1), or 940.25 and either of
2the following applies:
AB283-ASA1,14,43
1. The person had an alcohol concentration of 0.15 or more at the time of the
4offense.
AB283-ASA1,14,85
2. The person has a total of one or more prior convictions, suspensions, or
6revocations, counting convictions under ss. 940.09 (1) and 940.25 in the person's
7lifetime and other convictions, suspensions, and revocations counted under s.
8343.307 (1).
AB283-ASA1, s. 24
9Section
24. 343.301 (1) (b) 1. and 2. of the statutes are consolidated,
10renumbered 343.301 (2m) and amended to read:
AB283-ASA1,14,2011
343.301
(2m) The court
may shall restrict the operating privilege
restriction 12under
par. (a) 1. sub. (1) for a period of not less than one year nor more than the
13maximum operating privilege revocation period permitted for the refusal or
14violation
. 2. The court shall order the operating privilege restriction and the
15installation of an ignition interlock device under par. (a) 2. for a period of not less than
16one year nor more than the maximum operating privilege revocation period
17permitted for the refusal or violation, beginning
one year after the operating
18privilege revocation period begins on the date the department issues any license
19granted under this chapter. The court may order the installation of an ignition
20interlock device under sub. (1) immediately upon issuing an order under sub. (1).
AB283-ASA1, s. 25
21Section
25. 343.301 (1) (c) of the statutes is renumbered 343.301 (3) (a) and
22amended to read:
AB283-ASA1,14,2523
343.301
(3) (a)
If Except as provided in par. (b), if the court enters an order
24under
par. (a) sub. (1), the person shall be liable for the reasonable cost of equipping
25and maintaining any ignition interlock device installed on his or her motor vehicle.
AB283-ASA1, s. 26
1Section
26. 343.301 (1) (d) of the statutes is renumbered 343.301 (4) and
2amended to read:
AB283-ASA1,15,103
343.301
(4) A person to whom an order under
par. (a) sub. (1) applies violates
4that order if he or she
fails to have an ignition interlock device installed as ordered,
5removes or disconnects an ignition interlock device, requests or permits another to
6blow into an ignition interlock device or to start a motor vehicle equipped with an
7ignition interlock device for the purpose of providing the person an operable motor
8vehicle without the necessity of first submitting a sample of his or her breath to
9analysis by the ignition interlock device
, or otherwise tampers with or circumvents
10the operation of the ignition interlock device.
AB283-ASA1,15,1412
343.301
(1m) If equipping each motor vehicle with an ignition interlock device
13under sub. (1) would cause an undue financial hardship, the court may order that one
14or more vehicles described sub. (1) not be equipped with an ignition interlock device.
AB283-ASA1,15,2317
343.301
(3) (b) If the court finds that the person who is subject to an order under
18sub. (1) has a household income that is at or below 150 percent of the nonfarm federal
19poverty line for the continental United States, as defined by the federal department
20of labor under
42 USC 9902 (2), the court shall limit the person's liability under par.
21(a) to one-half of the cost of equipping each motor vehicle with an ignition interlock
22device and one-half of the cost per day per vehicle of maintaining the ignition
23interlock device.