AB224,46,2
1340.01 (50m) (a) A controlled substance included in schedule I under ch. 961
2other than a tetrahydrocannabinol.
AB224,67 3Section 67. 340.01 (50m) (e) of the statutes is repealed.
AB224,68 4Section 68. 340.01 (66m) of the statutes is created to read:
AB224,46,65 340.01 (66m) "Tetrahydrocannabinols concentration" has the meaning given
6in s. 23.33 (1) (k).
AB224,69 7Section 69. 343.10 (5) (a) 1. of the statutes is amended to read:
AB224,46,198 343.10 (5) (a) 1. In addition to any restrictions appearing on the former
9operator's license of the applicant, the occupational license shall contain definite
10restrictions as to hours of the day, not to exceed 12, hours per week, not to exceed 60,
11type of occupation and areas or routes of travel which are permitted under the
12license. The occupational license may permit travel to and from church during
13specified hours if the travel does not exceed the restrictions as to hours of the day and
14hours per week in this subdivision. The occupational license may permit travel
15necessary to comply with a driver safety plan ordered under s. 343.30 (1q) or 343.305
16if the travel does not exceed the restrictions as to hours of the day and hours per week
17in this subdivision. The occupational license may contain restrictions on the use of
18alcohol, of tetracannabinols, and of controlled substances and controlled substance
19analogs in violation of s. 961.41.
AB224,70 20Section 70. 343.10 (5) (a) 2. of the statutes is amended to read:
AB224,46,2521 343.10 (5) (a) 2. If the applicant has 2 or more convictions, suspensions or
22revocations, as counted under s. 343.307 (1), the occupational license shall prohibit
23the applicant from driving or operating a motor vehicle while he or she has an alcohol
24concentration of more than 0.0 or a tetrahydrocannabinols concentration of more
25than 0.0
.
AB224,71
1Section 71. 343.12 (7) (a) 11. of the statutes is amended to read:
AB224,47,42 343.12 (7) (a) 11. Operating a motor vehicle while under the legal drinking age
3with a prohibited alcohol concentration under s. 346.63 (2m) or while under the legal
4age with a prohibited tetrahydrocannabinols concentration under s. 346.63 (2p)
.
AB224,72 5Section 72. 343.16 (2) (b) of the statutes is amended to read:
AB224,48,46 343.16 (2) (b) Specific requirements. The standards developed by the
7department under par. (c) shall provide that the examination for persons making
8their first application for an operator's license shall include a test of the applicant's
9eyesight, ability to read and understand highway signs regulating, warning and
10directing traffic, knowledge of the traffic laws, including ss. 346.072 and 346.26,
11understanding of fuel-efficient driving habits and the relative costs and availability
12of other modes of transportation, knowledge of the need for anatomical gifts and the
13ability to make an anatomical gift through the use of a donor card issued under s.
14343.175 (2), and an actual demonstration of ability to exercise ordinary and
15reasonable control in the operation of a motor vehicle. The test of knowledge of the
16traffic laws shall include questions on the provisions of ss. 343.30 (1q), 343.303 to
17343.31 and 346.63 to 346.655, relating to the operation of a motor vehicle and the
18consumption of alcohol beverages and tetrahydrocannabinols. The test of knowledge
19may also include questions on the social, medical and economic effects of alcohol and
20other drug abuse. The examination of applicants for authorization to operate `Class
21M' vehicles shall test an applicant's knowledge of Type 1 motorcycle safety, including
22proper eye protection to be worn during hours of darkness. The department may
23require persons changing their residence to this state from another jurisdiction and
24persons applying for a reinstated license after termination of a revocation period to
25take all or parts of the examination required of persons making their first application

1for an operator's license. Any applicant who is required to give an actual
2demonstration of ability to exercise ordinary and reasonable control in the operation
3of a motor vehicle shall furnish a representative vehicle in safe operating condition
4for use in testing ability.
AB224,73 5Section 73. 343.16 (5) (a) of the statutes is amended to read:
AB224,49,46 343.16 (5) (a) The secretary may require any applicant for a license or any
7licensed operator to submit to a special examination by such persons or agencies as
8the secretary may direct to determine incompetency, physical or mental disability,
9disease, or any other condition that might prevent such applicant or licensed person
10from exercising reasonable and ordinary control over a motor vehicle. If the
11department requires the applicant to submit to an examination, the applicant shall
12pay for the examination. If the department receives an application for a renewal or
13duplicate license after voluntary surrender under s. 343.265 or receives a report from
14a physician, physician assistant, as defined in s. 448.01 (6), advanced practice nurse
15prescriber certified under s. 441.16 (2), or optometrist under s. 146.82 (3), or if the
16department has a report of 2 or more arrests within a one-year period for any
17combination of violations of s. 346.63 (1) or (5) or a local ordinance in conformity with
18s. 346.63 (1) or (5) or a law of a federally recognized American Indian tribe or band
19in this state in conformity with s. 346.63 (1) or (5), or s. 346.63 (1m), 1985 stats., or
20s. 346.63 (2) or (6) or 940.25, or s. 940.09 where the offense involved the use of a
21vehicle, the department shall determine, by interview or otherwise, whether the
22operator should submit to an examination under this section. The examination may
23consist of an assessment. If the examination indicates that education or treatment
24for a disability, disease, or condition concerning the use of alcohol, a controlled
25substance or a controlled substance analog, or tetrahydrocannabinols is appropriate,

1the department may order a driver safety plan in accordance with s. 343.30 (1q). If
2there is noncompliance with assessment or the driver safety plan, the department
3shall revoke the person's operating privilege in the manner specified in s. 343.30 (1q)
4(d).
AB224,74 5Section 74. 343.30 (1p) of the statutes is amended to read:
AB224,49,126 343.30 (1p) Notwithstanding sub. (1), a court shall suspend the operating
7privilege of a person for 3 months upon the person's conviction by the court for
8violation of s. 346.63 (2m) or (2p) or a local ordinance in conformity with s. 346.63
9(2m) or (2p). If there was a minor passenger under 16 years of age in the motor
10vehicle at the time of the violation that gave rise to the conviction under s. 346.63
11(2m) or (2p) or a local ordinance in conformity with s. 346.63 (2m) or (2p), the court
12shall suspend the operating privilege of the person for 6 months.
AB224,75 13Section 75. 343.30 (1q) (h) of the statutes is amended to read:
AB224,49,2314 343.30 (1q) (h) The court or department shall provide that the period of
15suspension or revocation imposed under this subsection shall be reduced by any
16period of suspension or revocation previously served under s. 343.305 if the
17suspension or revocation under s. 343.305 and the conviction for violation of s. 346.63
18(1) or, (2m), or (2p) or a local ordinance in conformity therewith arise out of the same
19incident or occurrence. The court or department shall order that the period of
20suspension or revocation imposed under this subsection run concurrently with any
21period of time remaining on a suspension or revocation imposed under s. 343.305
22arising out of the same incident or occurrence. The court may modify an occupational
23license authorized under s. 343.305 (8) (d) in accordance with this subsection.
AB224,76 24Section 76. 343.305 (2) of the statutes is amended to read:
AB224,50,14
1343.305 (2) Implied consent. Any person who is on duty time with respect to
2a commercial motor vehicle or drives or operates a motor vehicle upon the public
3highways of this state, or in those areas enumerated in s. 346.61, is deemed to have
4given consent to one or more tests of his or her breath, blood or urine, for the purpose
5of determining the presence or quantity in his or her blood or breath, of alcohol,
6tetrahydrocannabinols, controlled substances, controlled substance analogs or other
7drugs, or any combination of alcohol, tetrahydrocannabinols, controlled substances,
8controlled substance analogs and other drugs, when requested to do so by a law
9enforcement officer under sub. (3) (a) or (am) or when required to do so under sub.
10(3) (ar) or (b). Any such tests shall be administered upon the request of a law
11enforcement officer. The law enforcement agency by which the officer is employed
12shall be prepared to administer, either at its agency or any other agency or facility,
132 of the 3 tests under sub. (3) (a), (am), or (ar), and may designate which of the tests
14shall be administered first.
AB224,77 15Section 77. 343.305 (3) (a) of the statutes is amended to read:
AB224,50,2216 343.305 (3) (a) Upon arrest of a person for violation of s. 346.63 (1), (2m), (2p),
17or (5) or a local ordinance in conformity therewith, or for a violation of s. 346.63 (2)
18or (6) or 940.25, or s. 940.09 where the offense involved the use of a vehicle, or upon
19arrest subsequent to a refusal under par. (ar), a law enforcement officer may request
20the person to provide one or more samples of his or her breath, blood or urine for the
21purpose specified under sub. (2). Compliance with a request for one type of sample
22does not bar a subsequent request for a different type of sample.
AB224,78 23Section 78. 343.305 (3) (am) of the statutes is amended to read:
AB224,51,824 343.305 (3) (am) Prior to arrest, a law enforcement officer may request the
25person to provide one or more samples of his or her breath, blood or urine for the

1purpose specified under sub. (2) whenever a law enforcement officer detects any
2presence of alcohol, tetrahydrocannabinols, a controlled substance, a controlled
3substance analog or other drug, or a combination thereof, on a person driving or
4operating or on duty time with respect to a commercial motor vehicle or has reason
5to believe the person is violating or has violated s. 346.63 (7). Compliance with a
6request for one type of sample does not bar a subsequent request for a different type
7of sample. For the purposes of this paragraph, "law enforcement officer" includes
8inspectors in the performance of duties under s. 110.07 (3).
AB224,79 9Section 79. 343.305 (3) (ar) 1. of the statutes is amended to read:
AB224,51,2110 343.305 (3) (ar) 1. If a person is the operator of a vehicle that is involved in an
11accident that causes substantial bodily harm, as defined in s. 939.22 (38), to any
12person, and a law enforcement officer detects any presence of alcohol,
13tetrahydrocannabinols, a controlled substance, a controlled substance analog or
14other drug, or a combination thereof, the law enforcement officer may request the
15operator to provide one or more samples of his or her breath, blood, or urine for the
16purpose specified under sub. (2). Compliance with a request for one type of sample
17does not bar a subsequent request for a different type of sample. A person who is
18unconscious or otherwise not capable of withdrawing consent is presumed not to
19have withdrawn consent under this subdivision and one or more samples specified
20in par. (a) or (am) may be administered to the person. If a person refuses to take a
21test under this subdivision, he or she may be arrested under par. (a).
AB224,80 22Section 80. 343.305 (3) (b) of the statutes is amended to read:
AB224,52,723 343.305 (3) (b) A person who is unconscious or otherwise not capable of
24withdrawing consent is presumed not to have withdrawn consent under this
25subsection, and if a law enforcement officer has probable cause to believe that the

1person has violated s. 346.63 (1), (2m), (2p), or (5) or a local ordinance in conformity
2therewith, or s. 346.63 (2) or (6) or 940.25, or s. 940.09 where the offense involved the
3use of a vehicle, or detects any presence of alcohol, tetrahydrocannabinols, controlled
4substance, controlled substance analog or other drug, or a combination thereof, on
5a person driving or operating or on duty time with respect to a commercial motor
6vehicle or has reason to believe the person has violated s. 346.63 (7), one or more
7samples specified in par. (a) or (am) may be administered to the person.
AB224,81 8Section 81. 343.305 (5) (b) of the statutes is amended to read:
AB224,52,189 343.305 (5) (b) Blood may be withdrawn from the person arrested for violation
10of s. 346.63 (1), (2), (2m), (2p), (5), or (6) or 940.25, or s. 940.09 where the offense
11involved the use of a vehicle, or a local ordinance in conformity with s. 346.63 (1),
12(2m), (2p), or (5), or as provided in sub. (3) (am) or (b) to determine the presence or
13quantity of alcohol, tetrahydrocannabinols, a controlled substance, a controlled
14substance analog, or any other drug, or any combination of alcohol, controlled
15substance, controlled substance analog, and any other drug in the blood only by a
16physician, registered nurse, medical technologist, physician assistant, phlebotomist,
17or other medical professional who is authorized to draw blood, or person acting under
18the direction of a physician.
AB224,82 19Section 82. 343.305 (5) (d) of the statutes is amended to read:
AB224,53,1720 343.305 (5) (d) At the trial of any civil or criminal action or proceeding arising
21out of the acts committed by a person alleged to have been driving or operating a
22motor vehicle while under the influence of an intoxicant, a controlled substance, a
23controlled substance analog or any other drug, or under the influence of any
24combination of alcohol, tetrahydrocannabinols, a controlled substance, a controlled
25substance analog and any other drug, to a degree which renders him or her incapable

1of safely driving, or under the combined influence of an intoxicant and any other drug
2to a degree which renders him or her incapable of safely driving, or having a
3prohibited alcohol or tetrahydrocannabinols concentration, or alleged to have been
4driving or operating or on duty time with respect to a commercial motor vehicle while
5having an alcohol concentration above 0.0 or possessing an intoxicating beverage,
6regardless of its alcohol content, or within 4 hours of having consumed or having been
7under the influence of an intoxicating beverage, regardless of its alcohol content, or
8of having an alcohol concentration of 0.04 or more, the results of a test administered
9in accordance with this section are admissible on the issue of whether the person was
10under the influence of an intoxicant, a controlled substance, a controlled substance
11analog or any other drug, or under the influence of any combination of alcohol,
12tetrahydrocannabinols, a controlled substance, a controlled substance analog and
13any other drug, to a degree which renders him or her incapable of safely driving or
14under the combined influence of an intoxicant and any other drug to a degree which
15renders him or her incapable of safely driving or any issue relating to the person's
16alcohol concentration. Test results shall be given the effect required under s.
17885.235.
AB224,83 18Section 83. 343.305 (5) (dm) of the statutes is created to read:
AB224,53,2419 343.305 (5) (dm) At the trial of any civil or criminal action or proceeding arising
20out of the acts committed by a person alleged to have been driving or operating a
21motor vehicle while having a tetrahydrocannabinols concentration at or above
22specified levels, the results of a blood test administered in accordance with this
23section are admissible on any issue relating to the tetrahydrocannabinols
24concentration. Test results shall be given the effect required under s. 885.235.
AB224,84 25Section 84. 343.305 (7) (a) of the statutes is amended to read:
AB224,54,6
1343.305 (7) (a) If a person submits to chemical testing administered in
2accordance with this section and any test results indicate the presence of a detectable
3amount of a restricted controlled substance in the person's blood or a prohibited
4alcohol or tetrahydrocannabinols concentration, the law enforcement officer shall
5report the results to the department. The person's operating privilege is
6administratively suspended for 6 months.
AB224,85 7Section 85. 343.305 (8) (b) 2. bm. of the statutes is amended to read:
AB224,54,108 343.305 (8) (b) 2. bm. Whether the person had a prohibited alcohol or
9tetrahydrocannabinols
concentration or a detectable amount of a restricted
10controlled substance in his or her blood at the time the offense allegedly occurred.
AB224,86 11Section 86. 343.305 (8) (b) 2. d. of the statutes is amended to read:
AB224,54,1512 343.305 (8) (b) 2. d. If one or more tests were administered in accordance with
13this section, whether each of the test results for those tests indicate the person had
14a prohibited alcohol or tetrahydrocannabinols concentration or a detectable amount
15of a restricted controlled substance in his or her blood.
AB224,87 16Section 87. 343.305 (8) (b) 4m. a. of the statutes is amended to read:
AB224,54,2117 343.305 (8) (b) 4m. a. A blood test administered in accordance with this section
18indicated that the person had a detectable amount of methamphetamine , or
19gamma-hydroxybutyric acid, or delta-9-tetrahydrocannabinol or a prohibited
20tetrahydrocannabinols concentration
but did not have a detectable amount of any
21other restricted controlled substance in his or her blood.
AB224,88 22Section 88. 343.305 (8) (b) 5. b. of the statutes is amended to read:
AB224,54,2523 343.305 (8) (b) 5. b. The person did not have a prohibited alcohol or
24tetrahydrocannabinols
concentration or a detectable amount of a restricted
25controlled substance in his or her blood at the time the offense allegedly occurred.
AB224,89
1Section 89. 343.305 (8) (b) 6. b. of the statutes is amended to read:
AB224,55,42 343.305 (8) (b) 6. b. The person had a prohibited alcohol or
3tetrahydrocannabinols
concentration or a detectable amount of a restricted
4controlled substance in his or her blood at the time the offense allegedly occurred.
AB224,90 5Section 90. 343.305 (9) (a) 5. a. of the statutes is amended to read:
AB224,55,186 343.305 (9) (a) 5. a. Whether the officer had probable cause to believe the
7person was driving or operating a motor vehicle while under the influence of alcohol,
8tetrahydrocannabinols, a controlled substance or a controlled substance analog or
9any combination of alcohol, tetrahydrocannabinols, a controlled substance and a
10controlled substance analog, under the influence of any other drug to a degree which
11renders the person incapable of safely driving, or under the combined influence of
12alcohol and any other drug to a degree which renders the person incapable of safely
13driving, having a restricted controlled substance in his or her blood, or having a
14prohibited alcohol or tetrahydrocannabinols concentration or, if the person was
15driving or operating a commercial motor vehicle, an alcohol concentration of 0.04 or
16more and whether the person was lawfully placed under arrest for violation of s.
17346.63 (1), (2m) or (5) or a local ordinance in conformity therewith or s. 346.63 (2) or
18(6), 940.09 (1) or 940.25.
AB224,91 19Section 91. 343.305 (9) (am) 5. a. of the statutes is amended to read:
AB224,55,2320 343.305 (9) (am) 5. a. Whether the officer detected any presence of alcohol,
21tetrahydrocannabinols, controlled substance, controlled substance analog or other
22drug, or a combination thereof, on the person or had reason to believe that the person
23was violating or had violated s. 346.63 (7).
AB224,92 24Section 92. 343.305 (9) (am) 5. c. of the statutes is amended to read:
AB224,56,6
1343.305 (9) (am) 5. c. Whether the person refused to permit the test. The person
2shall not be considered to have refused the test if it is shown by a preponderance of
3evidence that the refusal was due to a physical inability to submit to the test due to
4a physical disability or disease unrelated to the use of alcohol,
5tetrahydrocannabinols, controlled substances, controlled substance analogs or other
6drugs.
AB224,93 7Section 93. 343.305 (9) (d) of the statutes is amended to read:
AB224,56,158 343.305 (9) (d) At the close of the hearing, or within 5 days thereafter, the court
9shall determine the issues under par. (a) 5. or (am) 5. If all issues are determined
10adversely to the person, the court shall proceed under sub. (10). If one or more of the
11issues is determined favorably to the person, the court shall order that no action be
12taken on the operating privilege on account of the person's refusal to take the test in
13question. This section does not preclude the prosecution of the person for violation
14of s. 346.63 (1), (2m), (2p), (5) or (7) or a local ordinance in conformity therewith, or
15s. 346.63 (2) or (6), 940.09 (1) or 940.25.
AB224,94 16Section 94. 343.305 (10) (em) of the statutes is amended to read:
AB224,57,217 343.305 (10) (em) One penalty for improperly refusing to submit to a test for
18intoxication regarding a person arrested for a violation of s. 346.63 (2m), (2p), or (7)
19or a local ordinance in conformity therewith is revocation of the person's operating
20privilege for 6 months. If there was a minor passenger under 16 years of age in the
21motor vehicle at the time of the incident that gave rise to the improper refusal, the
22revocation period is 12 months. After the first 15 days of the revocation period, the
23person is eligible for an occupational license under s. 343.10. Any such improper
24refusal or revocation for the refusal does not count as a prior refusal or a prior
25revocation under this section or ss. 343.30 (1q), 343.307 and 346.65 (2). The person

1shall not be required to submit to and comply with any assessment or driver safety
2plan under pars. (c) and (d).
AB224,95 3Section 95. 343.307 (1) (d) of the statutes is amended to read:
AB224,57,114 343.307 (1) (d) Convictions under the law of another jurisdiction that prohibits
5a person from refusing chemical testing or using a motor vehicle while intoxicated
6or under the influence of a controlled substance or controlled substance analog, or
7a combination thereof; with an excess or specified range of alcohol or
8tetrahydrocannabinols
concentration; while under the influence of any drug to a
9degree that renders the person incapable of safely driving; or while having a
10detectable amount of a restricted controlled substance in his or her blood, as those
11or substantially similar terms are used in that jurisdiction's laws.
AB224,96 12Section 96. 343.307 (2) (e) of the statutes is amended to read:
AB224,57,2013 343.307 (2) (e) Convictions under the law of another jurisdiction that prohibits
14a person from refusing chemical testing or using a motor vehicle while intoxicated
15or under the influence of a controlled substance or controlled substance analog, or
16a combination thereof; with an excess or specified range of alcohol or
17tetrahydrocannabinols
concentration; while under the influence of any drug to a
18degree that renders the person incapable of safely driving; or while having a
19detectable amount of a restricted controlled substance in his or her blood, as those
20or substantially similar terms are used in that jurisdiction's laws.
AB224,97 21Section 97. 343.31 (1) (am) of the statutes is amended to read:
AB224,58,522 343.31 (1) (am) Injury by the operation of a vehicle while under the influence
23of an intoxicant, tetrahydrocannabinols, a controlled substance or a controlled
24substance analog, or any combination of an intoxicant, tetrahydrocannabinols, a
25controlled substance and a controlled substance analog, under the influence of any

1other drug to a degree which renders him or her incapable of safely driving, or under
2the combined influence of an intoxicant and any other drug to a degree which renders
3him or her incapable of safely driving or while the person has a detectable amount
4of a restricted controlled substance in his or her blood or has a prohibited alcohol or
5tetrahydrocannabinols
concentration and which is criminal under s. 346.63 (2).
AB224,98 6Section 98. 343.31 (2) of the statutes is amended to read:
AB224,58,217 343.31 (2) The department shall revoke the operating privilege of any resident
8upon receiving notice of the conviction of such person in another jurisdiction for an
9offense therein which, if committed in this state, would have been cause for
10revocation under this section or for revocation under s. 343.30 (1q). Such offenses
11shall include violation of any law of another jurisdiction that prohibits a person from
12using a motor vehicle while intoxicated or under the influence of a controlled
13substance or controlled substance analog, or a combination thereof; with an excess
14or specified range of alcohol or tetrahydrocannabinols concentration; while under
15the influence of any drug to a degree that renders the person incapable of safely
16driving; or while having a detectable amount of a restricted controlled substance in
17his or her blood, as those or substantially similar terms are used in that jurisdiction's
18laws. Upon receiving similar notice with respect to a nonresident, the department
19shall revoke the privilege of the nonresident to operate a motor vehicle in this state.
20Such revocation shall not apply to the operation of a commercial motor vehicle by a
21nonresident who holds a valid commercial driver license issued by another state.
AB224,99 22Section 99. 343.315 (2) (a) 2. of the statutes is amended to read:
AB224,59,423 343.315 (2) (a) 2. Section 346.63 (1) (b) or (5) (a) or a local ordinance in
24conformity therewith or a law of a federally recognized American Indian tribe or
25band in this state in conformity with s. 346.63 (1) (b) or (5) (a) or the law of another

1jurisdiction prohibiting driving or operating a commercial motor vehicle while the
2person's alcohol concentration is 0.04 or more or with an excess or specified range of
3alcohol or tetrahydrocannabinols concentration, as those or substantially similar
4terms are used in that jurisdiction's laws.
AB224,100 5Section 100. 343.315 (2) (a) 5. of the statutes is amended to read:
AB224,59,136 343.315 (2) (a) 5. Section 343.305 (7) or (9) or a local ordinance in conformity
7therewith or a law of a federally recognized American Indian tribe or band in this
8state in conformity with s. 343.305 (7) or (9) or the law of another jurisdiction
9prohibiting refusal of a person driving or operating a motor vehicle to submit to
10chemical testing to determine the person's alcohol or tetrahydrocannabinols
11concentration or intoxication or the amount of a restricted controlled substance in
12the person's blood, or prohibiting positive results from such chemical testing, as
13those or substantially similar terms are used in that jurisdiction's laws.
AB224,101 14Section 101. 343.315 (2) (a) 6. of the statutes is amended to read:
AB224,59,2515 343.315 (2) (a) 6. Section 346.63 (2) or (6), 940.09 (1) or 940.25 or a law of a
16federally recognized American Indian tribe or band in this state in conformity with
17s. 346.63 (2) or (6), 940.09 (1) or 940.25, or the law of another jurisdiction prohibiting
18causing or inflicting injury, great bodily harm or death through use of a motor vehicle
19while intoxicated or under the influence of alcohol, tetrahydrocannabinols, a
20controlled substance, a controlled substance analog or a combination thereof, or with
21an alcohol concentration of 0.04 or more or with an excess or specified range of alcohol
22or tetrahydrocannabinols concentration, while under the influence of any drug to a
23degree that renders the person incapable of safely driving, or while having a
24detectable amount of a restricted controlled substance in the person's blood, as those
25or substantially similar terms are used in that jurisdiction's laws.
AB224,102
1Section 102. 343.315 (2) (bm) 2. of the statutes is amended to read:
AB224,60,42 343.315 (2) (bm) 2. The offense relates to a vehicle operator's alcohol or
3tetrahydrocannabinols
concentration or intoxication or the amount of a restricted
4controlled substance in the operator's blood.
AB224,103 5Section 103. 343.32 (2) (bj) of the statutes is amended to read:
AB224,60,106 343.32 (2) (bj) The scale adopted by the secretary shall assess, for each
7conviction, 6 demerit points for a violation of s. 346.63 (6), 4 demerit points for a
8violation of s. 346.63 (2m) or (2p), and 3 demerit points for a violation of s. 346.63 (7)
9(a) 3. The scale adopted by the secretary shall not assess any demerit points for
10conviction of a violation of s. 346.63 (5) or (7) (a) 1. or 2.
AB224,104 11Section 104. 344.576 (2) (b) of the statutes is amended to read:
AB224,60,1512 344.576 (2) (b) The damage occurs while the renter or authorized driver
13operates the private passenger vehicle in this state while under the influence of an
14intoxicant or other drug, as described under s. 346.63 (1) (a), (am), or (b) or, (2m), or
15(2p)
.
AB224,105 16Section 105. 346.63 (1) (b) of the statutes is amended to read:
AB224,60,1817 346.63 (1) (b) The person has a prohibited alcohol or tetrahydrocannabinols
18concentration.
AB224,106 19Section 106. 346.63 (1) (d) of the statutes is renumbered 346.63 (1) (d) 1. and
20amended to read:
AB224,61,221 346.63 (1) (d) 1. In an action under par. (am) that is based on the defendant
22allegedly having a detectable amount of methamphetamine, or
23gamma-hydroxybutyric acid, or delta-9-tetrahydrocannabinol in his or her blood,
24the defendant has a defense if he or she proves by a preponderance of the evidence
25that at the time of the incident or occurrence he or she had a valid prescription for

1methamphetamine or one of its metabolic precursors, or gamma-hydroxybutyric
2acid, or.
AB224,61,7 32. In an action under par. (b) that is based on the defendant allegedly having
4a prohibited tetrahydrocannabinols concentration, the defendant has a defense if he
5or she proves by a preponderance of the evidence that at the time of the incident or
6occurrence he or she had a valid prescription for
delta-9-tetrahydrocannabinol or
7he or she was a qualifying patient, as defined in s. 50.60 (6)
.
AB224,107 8Section 107. 346.63 (2) (a) 2. of the statutes is amended to read:
AB224,61,109 346.63 (2) (a) 2. The person has a prohibited alcohol or tetrahydrocannabinols
10concentration.
AB224,108 11Section 108. 346.63 (2) (b) 1. of the statutes is amended to read:
AB224,61,2112 346.63 (2) (b) 1. In an action under this subsection, the defendant has a defense
13if he or she proves by a preponderance of the evidence that the injury would have
14occurred even if he or she had been exercising due care and he or she had not been
15under the influence of an intoxicant, tetrahydrocannabinols, a controlled substance,
16a controlled substance analog or a combination thereof, under the influence of any
17other drug to a degree which renders him or her incapable of safely driving, or under
18the combined influence of an intoxicant and any other drug to a degree which renders
19him or her incapable of safely driving, did not have a prohibited alcohol or
20tetrahydrocannabinols
concentration described under par. (a) 2., or did not have a
21detectable amount of a restricted controlled substance in his or her blood.
AB224,109 22Section 109. 346.63 (2) (b) 2. of the statutes is amended to read:
AB224,62,423 346.63 (2) (b) 2. In an action under par. (a) 3. that is based on the defendant
24allegedly having a detectable amount of methamphetamine, or
25gamma-hydroxybutyric acid, or delta-9-tetrahydrocannabinol in his or her blood,

1the defendant has a defense if he or she proves by a preponderance of the evidence
2that at the time of the incident or occurrence he or she had a valid prescription for
3methamphetamine or one of its metabolic precursors, or gamma-hydroxybutyric
4acid, or.
AB224,62,9 53. In an action under par. (a) 2. that is based on the defendant allegedly having
6a prohibited tetrahydrocannabinols concentration, the defendant has a defense if he
7or she proves by a preponderance of the evidence that at the time of the incident or
8occurrence he or she had a valid prescription for
delta-9-tetrahydrocannabinol or
9he or she was a qualifying patient, as defined in s. 50.60 (6)
.
AB224,110 10Section 110. 346.63 (2p) of the statutes is created to read:
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