SENATE SUBSTITUTE AMENDMENT 2,
TO 2009 SENATE BILL 66
November 3, 2009 - Offered by Senator Sullivan.
SB66-SSA2,2,9 1An Act to repeal 342.12 (4) (c) 1. b., 343.301 (1) (title) and (a), 343.301 (2), 346.65
2(6), 346.65 (8), 973.09 (1) (d) 1., 973.09 (1) (d) 2. and 973.09 (1) (d) 3.; to
3renumber and amend
343.301 (1) (c), 343.301 (1) (d), 346.65 (2) (f) and 973.09
4(1) (d) (intro.); to consolidate, renumber and amend 343.301 (1) (b) 1. and
52.; to amend 165.755 (1) (b), 302.46 (1) (a), 340.01 (46m) (c), 342.12 (4) (c) 1. c.,
6342.13 (1), 343.10 (2) (a) (intro.), 343.10 (5) (a) 3., 343.23 (2) (b), 343.30 (1q) (b)
72., 343.30 (1q) (b) 3., 343.30 (1q) (b) 4., 343.30 (1q) (c) 1. (intro.), 343.301 (title),
8343.305 (8) (b) 5. (intro.), 343.305 (8) (c) 5., 343.38 (2), 343.39 (1) (a), 345.47 (1)
9(c), 346.65 (2) (am) 3., 346.65 (2) (am) 4., 346.65 (2) (am) 6., 346.65 (2) (am) 7.,
10346.65 (2) (bm), 346.65 (2) (cm), 346.65 (2c), 346.65 (2g) (a), 346.65 (2g) (ag),
11346.65 (2j) (am) 3., 346.65 (2j) (bm), 346.65 (2j) (cm), 346.65 (2q), 346.65 (3m),
12346.65 (3r), 346.65 (7), 346.655 (1), 347.413 (title) and (1), 347.417 (1), 347.417
13(2), 347.50 (1s), 757.05 (1) (a), 814.60 (1), 814.63 (1) (c), 814.63 (2), 814.65 (1),

1814.85 (1) (a), 814.86 (1), 969.01 (2) (a) and 973.15 (8) (a) 3.; to repeal and
2recreate
343.10 (2) (a) (intro.), 343.23 (2) (b), 343.305 (10m), 814.65 (1), 814.85
3(1) (a), 814.86 (1), 940.09 (1d) and 940.25 (1d); and to create 25.40 (1) (a) 3m.,
4110.10 (4m), 303.08 (10r), 343.10 (2) (f), 343.21 (1) (jr), 343.30 (1r), 343.301 (1g),
5343.301 (1m), 343.301 (3) (b), 343.301 (5), 343.305 (10g), 343.31 (4), 346.65 (2)
6(am) 4m., 346.65 (2) (dm), 346.65 (2) (f) 1., 346.65 (2j) (cr), 346.65 (3p), 347.50
7(1t), 814.75 (9m), 814.76 (7m), 814.78 (7m), 814.79 (4r), 973.05 (2m) (rm) and
8973.09 (2) (am) of the statutes; relating to: operating a vehicle while
9intoxicated, granting rule-making authority, and providing a penalty.
Analysis by the Legislative Reference Bureau
This substitute amendment makes a number of changes relating to operating
a vehicle under the influence of an intoxicant (OWI-related offense), including the
following:
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, with some exceptions, 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. Moneys generated by the surcharge are retained by the
counties.
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 commits two OWI-related offenses may be
eligible for an occupational license after a waiting period of 60 days, and a person
with three or more OWI-related offenses may be eligible for an occupational license
after a waiting period of 90 days. However, if the person committed two or more
OWI-related offenses within five years, he or she is not eligible for an occupational
license for a year. Under current law, a person whose operating privilege is
suspended or revoked must pay a $50 fee to reinstate his or her operating privilege
when the period of suspension or revocation is over. Funds generated from this fee
are deposited into the transportation fund.
Under the substitute amendment, a person with two or more OWI-related
offenses may be eligible for an occupational license after a waiting period of 45 days.
Under the substitute amendment, a person whose operating privilege is revoked for
an OWI-related offense must pay, in addition to the $50 reinstatement fee, an
additional $40 to have his or her operating privileges reinstated. Funds generated
from the additional fee are deposited into the general fund.
3. 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.
4. 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 increases the minimum period of imprisonment for
a third OWI-related offense to 45 days. 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.
5. 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.
6. 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.
The substitute amendment allows these counties to offer this sentencing option to
persons who commit a fourth OWI-related offense.
7. 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 the period of revocation
is extended by the number of days that the person is required to spend in jail or
prison.
8. 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; the maximum period of probation for a fourth OWI-related
offence is two years.
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. The substitute amendment
also increases the maximum period of probation for a fourth OWI-related offence to
three years.
9. Under current law, a person who is convicted of any criminal offense pays
a $20 processing fee to the clerk of court. Half of this amount is retained by the
county, and half goes to the general fund.
This substitute amendment increases the fee to $163. Under the substitute
amendment, the county forwards 93.87 percent of the fees it collects for deposit into
the general fund and retains 6 percent for use by the county.
10. 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. Additionally, under current law, a court may allow a person to
participate in the Huber Law program. The Huber Law program allows a person
sentenced to a county jail or confined in a county jail as a sanction while the person
is on extended supervision to leave the jail for certain purposes, including to work,
seek work, attend school, perform community service, attend certain court
proceedings, or obtain certain treatment or counseling services.
Under this substitute amendment, if a person has been convicted of a third or
subsequent OWI-related offense, a court may not release the person after conviction
but before sentencing or 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. The substitute amendment also
requires a person for whom a judge approves participation in the Huber Law
program to submit, within two weeks of his or her sentencing date, proof that he or
she has complied with an order to install an ignition interlock device on his or her
vehicles. A person who fails to submit this proof to the sheriff in the county where
he or she is incarcerated within the required period may not be released under the
Huber Law program.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB66-SSA2, s. 1 1Section 1. 25.40 (1) (a) 3m. of the statutes is created to read:
SB66-SSA2,6,32 25.40 (1) (a) 3m. Revenues collected under s. 343.21 (1) (jr) which shall be paid
3into the general fund.
SB66-SSA2, s. 2 4Section 2. 110.10 (4m) of the statutes is created to read:
SB66-SSA2,7,4
1110.10 (4m) Requiring ignition interlock device providers operating in this
2state to accept, as payment in full for equipping a motor vehicle with an ignition
3interlock device and for maintaining the ignition interlock device, the amount
4ordered by the court under s. 343.301 (3) (b), if applicable.
SB66-SSA2, s. 3 5Section 3. 165.755 (1) (b) of the statutes is amended to read:
SB66-SSA2,7,136 165.755 (1) (b) A court may not impose the crime laboratories and drug law
7enforcement surcharge under par. (a) for a violation of s. 101.123 (2) (a), (am) 1., (ar),
8(bm), (br), or (bv) or (5) (b), for a first violation of s. 23.33 (4c) (a) 2., 30.681 (1) (b) 1.,
9346.63 (1) (b), or 350.101 (1) (b), if the person who committed the violation had a blood
10alcohol concentration of 0.08 or more but less than 0.1 at the time of the violation,

11or for a violation of a state law or municipal or county ordinance involving a
12nonmoving traffic violation, a violation under s. 343.51 (1m) (b), or a safety belt use
13violation under s. 347.48 (2m).
SB66-SSA2, s. 4 14Section 4. 302.46 (1) (a) of the statutes is amended to read:
SB66-SSA2,8,215 302.46 (1) (a) If a court imposes a fine or forfeiture for a violation of state law
16or for a violation of a municipal or county ordinance except for a violation of s. 101.123
17(2) (a), (am) 1., (ar), (bm), (br), or (bv) or (5), or for a first violation of s. 23.33 (4c) (a)
182., 30.681 (1) (b) 1., 346.63 (1) (b), or 350.101 (1) (b), if the person who committed the
19violation had a blood alcohol concentration of 0.08 or more but less than 0.1 at the
20time of the violation,
or for a violation of state laws or municipal or county ordinances
21involving nonmoving traffic violations, violations under s. 343.51 (1m) (b), or safety
22belt use violations under s. 347.48 (2m), the court, in addition, shall impose a jail
23surcharge under ch. 814 in an amount of 1 percent of the fine or forfeiture imposed
24or $10, whichever is greater. If multiple offenses are involved, the court shall
25determine the jail surcharge on the basis of each fine or forfeiture. If a fine or

1forfeiture is suspended in whole or in part, the court shall reduce the jail surcharge
2in proportion to the suspension.
SB66-SSA2, s. 5 3Section 5. 303.08 (10r) of the statutes is created to read:
SB66-SSA2,8,74 303.08 (10r) The sheriff may not permit a prisoner who is subject to an order
5under s. 343.301 (1g) to leave the jail under sub. (1) unless, within 2 weeks after the
6court issues the order, the person submits proof to the sheriff that an ignition
7interlock device has been installed in each motor vehicle to which the order applies.
SB66-SSA2, s. 6 8Section 6. 340.01 (46m) (c) of the statutes is amended to read:
SB66-SSA2,8,119 340.01 (46m) (c) If the person is subject to an order under s. 343.301 or if the
10person
has 3 or more prior convictions, suspensions or revocations, as counted under
11s. 343.307 (1), an alcohol concentration of more than 0.02.
SB66-SSA2, s. 7 12Section 7. 342.12 (4) (c) 1. b. of the statutes is repealed.
SB66-SSA2, s. 8 13Section 8. 342.12 (4) (c) 1. c. of the statutes is amended to read:
SB66-SSA2,8,1614 342.12 (4) (c) 1. c. The person requesting the issuance of the certificate of title
15files an affidavit with the department attesting that the conditions condition under
16subd. 1. a. and b. are is met.
SB66-SSA2, s. 9 17Section 9. 342.13 (1) of the statutes is amended to read:
SB66-SSA2,9,218 342.13 (1) If a certificate of title is lost, stolen, mutilated, or destroyed, or
19becomes illegible, the owner or legal representative of the owner named in the
20certificate, as shown by the records of the department, shall promptly make
21application for and may obtain a replacement upon furnishing information
22satisfactory to the department. The replacement certificate of title shall contain a
23notation, in a form determined by the department, identifying the certificate as a
24replacement certificate that may be subject to the rights of a person under the
25original 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".
SB66-SSA2, s. 10 3Section 10. 343.10 (2) (a) (intro.) of the statutes is amended to read:
SB66-SSA2,9,54 343.10 (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:
SB66-SSA2, s. 11 6Section 11. 343.10 (2) (a) (intro.) of the statutes, as affected by 2007 Wisconsin
7Act 20
and 2009 Wisconsin Act .... (this act), is repealed and recreated to read:
SB66-SSA2,9,108 343.10 (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:
SB66-SSA2, s. 12 11Section 12. 343.10 (2) (f) of the statutes is created to read:
SB66-SSA2,9,1712 343.10 (2) (f) If the court orders under s. 343.301 (1g) that the person's
13operating privilege for the operation of "Class D" vehicles be restricted to operating
14vehicles that are equipped with an ignition interlock device, no occupational license
15may be granted until the person pays the surcharge under s. 343.301 (5) and submits
16proof that an ignition interlock device has been installed in each motor vehicle to
17which the order under s. 343.301 applies.
SB66-SSA2, s. 13 18Section 13. 343.10 (5) (a) 3. of the statutes is amended to read:
SB66-SSA2,9,2619 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. (1g) that the person's operating privilege
24for Class 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.
SB66-SSA2, s. 14 13Section 14. 343.21 (1) (jr) of the statutes is created to read:
SB66-SSA2,10,1614 343.21 (1) (jr) In addition to any other fee under this subsection, for
15reinstatement of an operating privilege previously revoked or suspended under s.
16343.305 (7) or resulting from the commission of an offense listed in s. 343.307, $40.
SB66-SSA2, s. 15 17Section 15. 343.23 (2) (b) of the statutes, as affected by 2009 Wisconsin Act 28,
18section 2923, is amended to read:
SB66-SSA2,11,1819 343.23 (2) (b) The information specified in pars. (a) and (am) must be filed by
20the department so that the complete operator's record is available for the use of the
21secretary in determining whether operating privileges of such person shall be
22suspended, revoked, canceled, or withheld, or the person disqualified, in the interest
23of public safety. The record of suspensions, revocations, and convictions that would
24be counted under s. 343.307 (2) shall be maintained permanently, except that the
25department shall purge the record of a first violation of s. 23.33 (4c) (a) 2., 30.681 (1)

1(b) 1., 346.63 (1) (b), or 350.101 (1) (b) after 10 years, if the person who committed the
2violation had a blood alcohol concentration of 0.08 or more but less than 0.1 at the
3time of the violation, if the person does not have a commercial driver license, if the
4violation was not committed by a person operating a commercial motor vehicle, and
5if the person has no other suspension, revocation, or conviction that would be counted
6under s. 343.307 during that 10-year period
. The record of convictions for
7disqualifying offenses under s. 343.315 (2) (h) shall be maintained for at least 10
8years. The record of convictions for disqualifying offenses under s. 343.315 (2) (f), (j),
9and (L) and all records specified in par. (am), shall be maintained for at least 3 years.
10The record of convictions for disqualifying offenses under s. 343.315 (2) (a) to (e) shall
11be maintained permanently, except that 5 years after a licensee transfers residency
12to another state such record may be transferred to another state of licensure of the
13licensee if that state accepts responsibility for maintaining a permanent record of
14convictions for disqualifying offenses. Such reports and records may be cumulative
15beyond the period for which a license is granted, but the secretary, in exercising the
16power of suspension granted under s. 343.32 (2) may consider only those reports and
17records entered during the 4-year period immediately preceding the exercise of such
18power of suspension.
SB66-SSA2, s. 16 19Section 16. 343.23 (2) (b) of the statutes, as affected by 2009 Wisconsin Acts
2028, section 2924, and .... (this act), is repealed and recreated to read:
SB66-SSA2,12,1521 343.23 (2) (b) The information specified in pars. (a) and (am) must be filed by
22the department so that the complete operator's record is available for the use of the
23secretary in determining whether operating privileges of such person shall be
24suspended, revoked, canceled, or withheld, or the person disqualified, in the interest
25of public safety. The record of suspensions, revocations, and convictions that would

1be counted under s. 343.307 (2) shall be maintained permanently. The record of
2convictions for disqualifying offenses under s. 343.315 (2) (h) shall be maintained for
3at least 10 years. The record of convictions for disqualifying offenses under s.
4343.315 (2) (f), (j), and (L), and all records specified in par. (am), shall be maintained
5for at least 3 years. The record of convictions for disqualifying offenses under s.
6343.315 (2) (a) to (e) shall be maintained permanently, except that 5 years after a
7licensee transfers residency to another state such record may be transferred to
8another state of licensure of the licensee if that state accepts responsibility for
9maintaining a permanent record of convictions for disqualifying offenses. Such
10reports and records may be cumulative beyond the period for which a license is
11granted, but the secretary, in exercising the power of suspension granted under s.
12343.32 (2) may consider only those reports and records entered during the 4-year
13period immediately preceding the exercise of such power of suspension. The
14department shall maintain the digital images of documents specified in s. 343.165
15(2) (a) for at least 10 years.
SB66-SSA2, s. 17 16Section 17. 343.30 (1q) (b) 2. of the statutes is amended to read:
SB66-SSA2,12,2017 343.30 (1q) (b) 2. Except as provided in sub. (1r) or subd. 3., 4. or 4m., for the
18first conviction, the court shall revoke the person's operating privilege for not less
19than 6 months nor more than 9 months. The person is eligible for an occupational
20license under s. 343.10 at any time.
SB66-SSA2, s. 18 21Section 18. 343.30 (1q) (b) 3. of the statutes is amended to read:
SB66-SSA2,13,622 343.30 (1q) (b) 3. Except as provided in sub. (1r) or subd. 4m., if the number
23of convictions under ss. 940.09 (1) and 940.25 in the person's lifetime, plus the total
24number of other convictions, suspensions, and revocations counted under s. 343.307
25(1) within a 10-year period, equals 2, the court shall revoke the person's operating

1privilege for not less than one year nor more than 18 months. After the first 60 45
2days of the revocation period or, if the total number of convictions, suspensions, and
3revocations counted under this subdivision within any 5-year period equals 2 or
4more, after one year of the revocation period
has elapsed, the person is eligible for
5an occupational license under s. 343.10 if he or she has completed the assessment and
6is complying with the driver safety plan ordered under par. (c).
SB66-SSA2, s. 19 7Section 19. 343.30 (1q) (b) 4. of the statutes is amended to read:
SB66-SSA2,13,178 343.30 (1q) (b) 4. Except as provided in sub. (1r) or subd. 4m., if the number
9of convictions under ss. 940.09 (1) and 940.25 in the person's lifetime, plus the total
10number of other convictions, suspensions, and revocations counted under s. 343.307
11(1), equals 3 or more, the court shall revoke the person's operating privilege for not
12less than 2 years nor more than 3 years. After the first 90 45 days of the revocation
13period or, if the total number of convictions, suspensions, and revocations counted
14under this subdivision within any 5-year period equals 2 or more, after one year of
15the revocation period
has elapsed, the person is eligible for an occupational license
16under s. 343.10 if he or she has completed the assessment and is complying with the
17driver safety plan ordered under par. (c).
SB66-SSA2, s. 20 18Section 20. 343.30 (1q) (c) 1. (intro.) of the statutes is amended to read:
SB66-SSA2,14,419 343.30 (1q) (c) 1. (intro.) Except as provided in subd. 1. a. or b., and except for
20a first violation of s. 346.63 (1) (b), if the person who committed the violation had a
21blood alcohol concentration of 0.08 or more but less than 0.1 at the time of the
22violation,
the court shall order the person to submit to and comply with an
23assessment by an approved public treatment facility as defined in s. 51.45 (2) (c) for
24examination of the person's use of alcohol, controlled substances or controlled
25substance analogs and development of a driver safety plan for the person. The court

1shall notify the department of transportation of the assessment order. The court
2shall notify the person that noncompliance with assessment or the driver safety plan
3will result in revocation of the person's operating privilege until the person is in
4compliance. The assessment order shall:
SB66-SSA2, s. 21 5Section 21. 343.30 (1r) of the statutes is created to read:
SB66-SSA2,14,86 343.30 (1r) For any revocation the court orders under sub. (1q), the court shall
7extend the revocation period by the number of days to which the court sentences the
8person to imprisonment in a jail or prison for an offense related to the refusal.
SB66-SSA2, s. 22 9Section 22. 343.301 (title) of the statutes is amended to read:
SB66-SSA2,14,11 10343.301 (title) Installation of ignition interlock device or
11immobilization of a motor vehicle
.
SB66-SSA2, s. 23 12Section 23. 343.301 (1) (title) and (a) of the statutes are repealed.
SB66-SSA2, s. 24 13Section 24. 343.301 (1) (b) 1. and 2. of the statutes are consolidated,
14renumbered 343.301 (2m) and amended to read:
SB66-SSA2,15,215 343.301 (2m) The court may shall restrict the operating privilege restriction
16under par. (a) 1. sub. (1g) for a period of not less than one year nor more than the
17maximum operating privilege revocation period permitted for the refusal or
18violation. 2. The court shall order the operating privilege restriction and the
19installation of an ignition interlock device under par. (a) 2. for a period of not less than
20one year nor more than the maximum operating privilege revocation period
21permitted for the refusal or violation
, beginning one year after the operating
22privilege revocation period begins
on the date the department issues any license
23granted under this chapter, except that if the maximum operating privilege
24revocation period is less than one year, the court shall restrict the operating privilege

1under sub. (1g) for one year. The court may order the installation of an ignition
2interlock device under sub. (1g) immediately upon issuing an order under sub. (1g)
.
SB66-SSA2, s. 25 3Section 25. 343.301 (1) (c) of the statutes is renumbered 343.301 (3) (a) and
4amended to read:
SB66-SSA2,15,75 343.301 (3) (a) If Except as provided in par. (b), if the court enters an order
6under par. (a) sub. (1g), the person shall be liable for the reasonable cost of equipping
7and maintaining any ignition interlock device installed on his or her motor vehicle.
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