AB224,52,189 343.305 (5) (b) Blood may be withdrawn from the person arrested for violation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:
AB224,62,1811 346.63 (2p) If a person has not attained the legal age, as defined in s. 961.70
12(2), the person may not drive or operate a motor vehicle while he or she has an
13tetrahydrocannabinols concentration of more than 0.0 but not more than 5.0. One
14penalty for violation of this subsection is suspension of a person's operating privilege
15under s. 343.30 (1p). The person is eligible for an occupational license under s. 343.10
16at any time. If a person arrested for a violation of this subsection refuses to take a
17test under s. 343.305, the refusal is a separate violation and the person is subject to
18revocation of the person's operating privilege under s. 343.305 (10) (em).
AB224,111 19Section 111. 346.65 (2m) (a) of the statutes is amended to read:
AB224,63,320 346.65 (2m) (a) In imposing a sentence under sub. (2) for a violation of s. 346.63
21(1) (am) or (b) or (5) or a local ordinance in conformity therewith, the court shall
22review the record and consider the aggravating and mitigating factors in the matter.
23If the amount of alcohol in the person's blood or urine or the amount of a restricted
24controlled substance or tetrahydrocannabinols in the person's blood is known, the
25court shall consider that amount as a factor in sentencing. The chief judge of each

1judicial administrative district shall adopt guidelines, under the chief judge's
2authority to adopt local rules under SCR 70.34, for the consideration of aggravating
3and mitigating factors.
AB224,112 4Section 112. 346.65 (2q) of the statutes is amended to read:
AB224,63,85 346.65 (2q) Any person violating s. 346.63 (2m) or (2p) shall forfeit $200. If
6there was a minor passenger under 16 years of age in the motor vehicle at the time
7of the violation that gave rise to the conviction under 346.63 (2m) or (2p), the person
8shall be fined $400.
AB224,113 9Section 113. 349.02 (2) (b) 4. of the statutes is amended to read:
AB224,63,1110 349.02 (2) (b) 4. Local ordinances enacted under s. 59.54 (25) (a) or (25m) or
1166.0107 (1) (bm).
AB224,114 12Section 114. 349.03 (2m) of the statutes is amended to read:
AB224,63,1413 349.03 (2m) Notwithstanding sub. (2), a municipal court may suspend a license
14for a violation of a local ordinance in conformity with s. 346.63 (1) or, (2m), or (2p).
AB224,115 15Section 115. 349.06 (1m) of the statutes is amended to read:
AB224,63,1716 349.06 (1m) Notwithstanding sub. (1), a municipal court may suspend a license
17for a violation of a local ordinance in conformity with s. 346.63 (1) or, (2m), or (2p).
AB224,116 18Section 116. 350.01 (10v) (a) of the statutes is amended to read:
AB224,63,2019 350.01 (10v) (a) A controlled substance included in schedule I under ch. 961
20other than a tetrahydrocannabinol.
AB224,117 21Section 117. 350.01 (10v) (e) of the statutes is repealed.
AB224,118 22Section 118. 350.01 (21g) of the statutes is created to read:
AB224,63,2423 350.01 (21g) "Tetrahydrocannabinols concentration" has the meaning given in
24s. 23.33 (1) (k).
AB224,119 25Section 119. 350.101 (1) (bg) of the statutes is created to read:
AB224,64,3
1350.101 (1) (bg) Operating with tetrahydrocannabinols concentration at or
2above specified levels.
No person may engage in the operation of a snowmobile while
3the person has a tetrahydrocannabinols concentration of 5.0 or more.
AB224,120 4Section 120. 350.101 (1) (cg) of the statutes is created to read:
AB224,64,85 350.101 (1) (cg) Operating with tetrahydrocannabinols concentration at or
6above specified levels.
If a person has not attained the age of 21, the person may not
7engage in the operation of a snowmobile while he or she has a tetrahydrocannabinols
8concentration of more than 0.0 but not more than 5.0.
AB224,121 9Section 121. 350.101 (1) (d) of the statutes is amended to read:
AB224,64,1810 350.101 (1) (d) Related charges. A person may be charged with and a prosecutor
11may proceed upon a complaint based upon a violation of any combination of par. (a),
12(b), (bg), or (bm) for acts arising out of the same incident or occurrence. If the person
13is charged with violating any combination of par. (a), (b), (bg), or (bm), the offenses
14shall be joined. If the person is found guilty of any combination of par. (a), (b), (bg),
15or (bm) for acts arising out of the same incident or occurrence, there shall be a single
16conviction for purposes of sentencing and for purposes of counting convictions under
17s. 350.11 (3) (a) 2. and 3. Paragraphs (a), (b), (bg), and (bm) each require proof of a
18fact for conviction which the others do not require.
AB224,122 19Section 122. 350.101 (1) (e) of the statutes is renumbered 350.101 (1) (e) 1. and
20amended to read:
AB224,65,221 350.101 (1) (e) 1. In an action under par. (bm) 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.
AB224,65,8 32. In an action under par. (bg) or (cg) that is based on the defendant allegedly
4having a prohibited tetrahydrocannabinols concentration, the defendant has a
5defense if he or she proves by a preponderance of the evidence that at the time of the
6incident or occurrence he or she had a valid prescription for

7delta-9-tetrahydrocannabinol or he or she was a qualifying patient, as defined in s.
850.60 (6)
.
AB224,123 9Section 123. 350.101 (2) (bg) of the statutes is created to read:
AB224,65,1210 350.101 (2) (bg) Causing injury with tetrahydrocannabinols concentrations at
11or above specified levels.
No person who has a tetrahydrocannabinols concentration
12of 5.0 or more may cause injury to another person by the operation of a snowmobile.
AB224,124 13Section 124. 350.101 (2) (c) of the statutes is amended to read:
AB224,65,2314 350.101 (2) (c) Related charges. A person may be charged with and a prosecutor
15may proceed upon a complaint based upon a violation of any combination of par. (a),
16(b), (bg), or (bm) for acts arising out of the same incident or occurrence. If the person
17is charged with violating any combination of par. (a), (b), (bg), or (bm) in the
18complaint, the crimes shall be joined under s. 971.12. If the person is found guilty
19of any combination of par. (a), (b), (bg), or (bm) for acts arising out of the same incident
20or occurrence, there shall be a single conviction for purposes of sentencing and for
21purposes of counting convictions under s. 350.11 (3) (a) 2. and 3. Paragraphs (a), (b),
22(bg), and (bm) each require proof of a fact for conviction which the others do not
23require.
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