2011 - 2012 LEGISLATURE
January 24, 2012 - Introduced by Representatives Petrowski, Endsley, Krug,
Brooks, Marklein, A. Ott
and Spanbauer, cosponsored by Senators Lazich
and Taylor. Referred to Committee on Transportation.
AB491,1,3 1An Act to amend 343.305 (8) (b) 1. of the statutes; relating to: submitting
2written objections and appearing in person or by telephone at a hearing to
3review administrative suspension of motor vehicle operating privileges.
Analysis by the Legislative Reference Bureau
Current law prohibits a person from driving or operating a motor vehicle with
a prohibited concentration of alcohol or a detectable amount of a controlled substance
or while under the influence of an intoxicant (OWI). If a chemical test given to the
person on suspicion of, or subsequent to arrest for, OWI indicates that the person has
committed an OWI, the law enforcement officer seizes the person's driver's license,
informs the person that his or her operating privilege is administratively suspended
for six months, and provides the person with a written explanation of his or her right
to request a review of the administrative suspension.
The written explanation of the person's right to review serves as a 30-day
temporary license. The person may, within ten days, submit a written request for
the Department of Transportation (DOT) to review his or her administrative
suspension. Current law requires DOT to hold the review hearing in the county
where the alleged offense took place within 30 days of the date the person received
the written explanation of his or her right to review.
This bill allows the person to attend the review hearing in person or by
telephone or to submit his or her objections to the administrative suspension in

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:
AB491, s. 1 1Section 1. 343.305 (8) (b) 1. of the statutes is amended to read:
AB491,2,162 343.305 (8) (b) 1. Within 10 days after the notification under par. (a), or, if the
3notification is by mail, within 13 days, excluding Saturdays, Sundays and holidays,
4after the date of the mailing, the person may request, in writing, that the department
5review the administrative suspension. The review procedure is not subject to ch. 227.
6The department shall hold the hearing on the matter in the county in which the
7offense allegedly occurred or at the nearest office of the department if the offense
8allegedly occurred in a county in which the department does not maintain an office.
9The department shall hold a hearing regarding the administrative suspension
10within 30 days after the date of notification under par. (a). The person may appear
11in person or by telephone or may present his or her objections in writing without
12appearing in person or by telephone. At the hearing, the person may
13evidence and may be represented by counsel. The arresting officer need not appear
14at the administrative hearing unless subpoenaed under s. 805.07, but he or she must
15submit a copy of his or her report and the results of the chemical test to the hearing
AB491,2,1717 (End)