AB482,92 19Section 92. 343.305 (5) (b) of the statutes is amended to read:
AB482,62,420 343.305 (5) (b) Blood may be withdrawn from the person arrested for violation
21of s. 346.63 (1), (2), (2m), (2p), (5), or (6) or 940.25, or s. 940.09 where the offense
22involved the use of a vehicle, or a local ordinance in conformity with s. 346.63 (1),
23(2m), (2p), or (5), or as provided in sub. (3) (am) or (b) to determine the presence or
24quantity of alcohol, tetrahydrocannabinols, a controlled substance, a controlled
25substance analog, or any other drug, or any combination of alcohol, controlled

1substance, controlled substance analog, and any other drug in the blood only by a
2physician, registered nurse, medical technologist, physician assistant, phlebotomist,
3or other medical professional who is authorized to draw blood, or person acting under
4the direction of a physician.
AB482,93 5Section 93. 343.305 (5) (d) of the statutes is amended to read:
AB482,63,36 343.305 (5) (d) At the trial of any civil or criminal action or proceeding arising
7out of the acts committed by a person alleged to have been driving or operating a
8motor vehicle while under the influence of an intoxicant, a controlled substance, a
9controlled substance analog or any other drug, or under the influence of any
10combination of alcohol, tetrahydrocannabinols, a controlled substance, a controlled
11substance analog and any other drug, to a degree which renders him or her incapable
12of safely driving, or under the combined influence of an intoxicant and any other drug
13to a degree which renders him or her incapable of safely driving, or having a
14prohibited alcohol or tetrahydrocannabinols concentration, or alleged to have been
15driving or operating or on duty time with respect to a commercial motor vehicle while
16having an alcohol concentration above 0.0 or possessing an intoxicating beverage,
17regardless of its alcohol content, or within 4 hours of having consumed or having been
18under the influence of an intoxicating beverage, regardless of its alcohol content, or
19of having an alcohol concentration of 0.04 or more, the results of a test administered
20in accordance with this section are admissible on the issue of whether the person was
21under the influence of an intoxicant, a controlled substance, a controlled substance
22analog or any other drug, or under the influence of any combination of alcohol,
23tetrahydrocannabinols, a controlled substance, a controlled substance analog and
24any other drug, to a degree which renders him or her incapable of safely driving or
25under the combined influence of an intoxicant and any other drug to a degree which

1renders him or her incapable of safely driving or any issue relating to the person's
2alcohol concentration. Test results shall be given the effect required under s.
3885.235.
AB482,94 4Section 94. 343.305 (5) (dm) of the statutes is created to read:
AB482,63,105 343.305 (5) (dm) At the trial of any civil or criminal action or proceeding arising
6out of the acts committed by a person alleged to have been driving or operating a
7motor vehicle while having a tetrahydrocannabinols concentration at or above
8specified levels, the results of a blood test administered in accordance with this
9section are admissible on any issue relating to the tetrahydrocannabinols
10concentration. Test results shall be given the effect required under s. 885.235.
AB482,95 11Section 95. 343.305 (7) (a) of the statutes is amended to read:
AB482,63,1712 343.305 (7) (a) If a person submits to chemical testing administered in
13accordance with this section and any test results indicate the presence of a detectable
14amount of a restricted controlled substance in the person's blood or a prohibited
15alcohol or tetrahydrocannabinols concentration, the law enforcement officer shall
16report the results to the department. The person's operating privilege is
17administratively suspended for 6 months.
AB482,96 18Section 96. 343.305 (8) (b) 2. bm. of the statutes is amended to read:
AB482,63,2119 343.305 (8) (b) 2. bm. Whether the person had a prohibited alcohol or
20tetrahydrocannabinols
concentration or a detectable amount of a restricted
21controlled substance in his or her blood at the time the offense allegedly occurred.
AB482,97 22Section 97. 343.305 (8) (b) 2. d. of the statutes is amended to read:
AB482,64,223 343.305 (8) (b) 2. d. If one or more tests were administered in accordance with
24this section, whether each of the test results for those tests indicate the person had

1a prohibited alcohol or tetrahydrocannabinols concentration or a detectable amount
2of a restricted controlled substance in his or her blood.
AB482,98 3Section 98. 343.305 (8) (b) 4m. a. of the statutes is amended to read:
AB482,64,84 343.305 (8) (b) 4m. a. A blood test administered in accordance with this section
5indicated that the person had a detectable amount of methamphetamine , or
6gamma-hydroxybutyric acid, or delta-9-tetrahydrocannabinol or a prohibited
7tetrahydrocannabinols concentration
but did not have a detectable amount of any
8other restricted controlled substance in his or her blood.
AB482,99 9Section 99. 343.305 (8) (b) 5. b. of the statutes is amended to read:
AB482,64,1210 343.305 (8) (b) 5. b. The person did not have a prohibited alcohol or
11tetrahydrocannabinols
concentration or a detectable amount of a restricted
12controlled substance in his or her blood at the time the offense allegedly occurred.
AB482,100 13Section 100. 343.305 (8) (b) 6. b. of the statutes is amended to read:
AB482,64,1614 343.305 (8) (b) 6. b. The person had a prohibited alcohol or
15tetrahydrocannabinols
concentration or a detectable amount of a restricted
16controlled substance in his or her blood at the time the offense allegedly occurred.
AB482,101 17Section 101. 343.305 (9) (a) 5. a. of the statutes is amended to read:
AB482,65,518 343.305 (9) (a) 5. a. Whether the officer had probable cause to believe the
19person was driving or operating a motor vehicle while under the influence of alcohol,
20tetrahydrocannabinols, a controlled substance or a controlled substance analog or
21any combination of alcohol, tetrahydrocannabinols, a controlled substance and a
22controlled substance analog, under the influence of any other drug to a degree which
23renders the person incapable of safely driving, or under the combined influence of
24alcohol and any other drug to a degree which renders the person incapable of safely
25driving, having a restricted controlled substance in his or her blood, or having a

1prohibited alcohol or tetrahydrocannabinols concentration or, if the person was
2driving or operating a commercial motor vehicle, an alcohol concentration of 0.04 or
3more and whether the person was lawfully placed under arrest for violation of s.
4346.63 (1), (2m) or (5) or a local ordinance in conformity therewith or s. 346.63 (2) or
5(6), 940.09 (1) or 940.25.
AB482,102 6Section 102. 343.305 (9) (am) 5. a. of the statutes is amended to read:
AB482,65,107 343.305 (9) (am) 5. a. Whether the officer detected any presence of alcohol,
8tetrahydrocannabinols, controlled substance, controlled substance analog or other
9drug, or a combination thereof, on the person or had reason to believe that the person
10was violating or had violated s. 346.63 (7).
AB482,103 11Section 103. 343.305 (9) (am) 5. c. of the statutes is amended to read:
AB482,65,1712 343.305 (9) (am) 5. c. Whether the person refused to permit the test. The person
13shall not be considered to have refused the test if it is shown by a preponderance of
14evidence that the refusal was due to a physical inability to submit to the test due to
15a physical disability or disease unrelated to the use of alcohol,
16tetrahydrocannabinols, controlled substances, controlled substance analogs or other
17drugs.
AB482,104 18Section 104. 343.305 (9) (d) of the statutes is amended to read:
AB482,66,219 343.305 (9) (d) At the close of the hearing, or within 5 days thereafter, the court
20shall determine the issues under par. (a) 5. or (am) 5. If all issues are determined
21adversely to the person, the court shall proceed under sub. (10). If one or more of the
22issues is determined favorably to the person, the court shall order that no action be
23taken on the operating privilege on account of the person's refusal to take the test in
24question. This section does not preclude the prosecution of the person for violation

1of s. 346.63 (1), (2m), (2p), (5) or (7) or a local ordinance in conformity therewith, or
2s. 346.63 (2) or (6), 940.09 (1) or 940.25.
AB482,105 3Section 105. 343.305 (10) (em) of the statutes is amended to read:
AB482,66,144 343.305 (10) (em) One penalty for improperly refusing to submit to a test for
5intoxication regarding a person arrested for a violation of s. 346.63 (2m), (2p), or (7)
6or a local ordinance in conformity therewith is revocation of the person's operating
7privilege for 6 months. If there was a minor passenger under 16 years of age in the
8motor vehicle at the time of the incident that gave rise to the improper refusal, the
9revocation period is 12 months. After the first 15 days of the revocation period, the
10person is eligible for an occupational license under s. 343.10. Any such improper
11refusal or revocation for the refusal does not count as a prior refusal or a prior
12revocation under this section or ss. 343.30 (1q), 343.307 and 346.65 (2). The person
13shall not be required to submit to and comply with any assessment or driver safety
14plan under pars. (c) and (d).
AB482,106 15Section 106. 343.307 (1) (d) of the statutes is amended to read:
AB482,66,2316 343.307 (1) (d) Convictions under the law of another jurisdiction that prohibits
17a person from refusing chemical testing or using a motor vehicle while intoxicated
18or under the influence of a controlled substance or controlled substance analog, or
19a combination thereof; with an excess or specified range of alcohol or
20tetrahydrocannabinols
concentration; while under the influence of any drug to a
21degree that renders the person incapable of safely driving; or while having a
22detectable amount of a restricted controlled substance in his or her blood, as those
23or substantially similar terms are used in that jurisdiction's laws.
AB482,107 24Section 107. 343.307 (2) (e) of the statutes is amended to read:
AB482,67,8
1343.307 (2) (e) Convictions under the law of another jurisdiction that prohibits
2a person from refusing chemical testing or using a motor vehicle while intoxicated
3or under the influence of a controlled substance or controlled substance analog, or
4a combination thereof; with an excess or specified range of alcohol or
5tetrahydrocannabinols
concentration; while under the influence of any drug to a
6degree that renders the person incapable of safely driving; or while having a
7detectable amount of a restricted controlled substance in his or her blood, as those
8or substantially similar terms are used in that jurisdiction's laws.
AB482,108 9Section 108. 343.31 (1) (am) of the statutes is amended to read:
AB482,67,1810 343.31 (1) (am) Injury by the operation of a vehicle while under the influence
11of an intoxicant, tetrahydrocannabinols, a controlled substance or a controlled
12substance analog, or any combination of an intoxicant, tetrahydrocannabinols, a
13controlled substance and a controlled substance analog, under the influence of any
14other drug to a degree which renders him or her incapable of safely driving, or under
15the combined influence of an intoxicant and any other drug to a degree which renders
16him or her incapable of safely driving or while the person has a detectable amount
17of a restricted controlled substance in his or her blood or has a prohibited alcohol or
18tetrahydrocannabinols
concentration and which is criminal under s. 346.63 (2).
AB482,109 19Section 109. 343.31 (2) of the statutes is amended to read:
AB482,68,920 343.31 (2) The department shall revoke the operating privilege of any resident
21upon receiving notice of the conviction of such person in another jurisdiction for an
22offense therein which, if committed in this state, would have been cause for
23revocation under this section or for revocation under s. 343.30 (1q). Such offenses
24shall include violation of any law of another jurisdiction that prohibits a person from
25using a motor vehicle while intoxicated or under the influence of a controlled

1substance or controlled substance analog, or a combination thereof; with an excess
2or specified range of alcohol or tetrahydrocannabinols concentration; while under
3the influence of any drug to a degree that renders the person incapable of safely
4driving; or while having a detectable amount of a restricted controlled substance in
5his or her blood, as those or substantially similar terms are used in that jurisdiction's
6laws. Upon receiving similar notice with respect to a nonresident, the department
7shall revoke the privilege of the nonresident to operate a motor vehicle in this state.
8Such revocation shall not apply to the operation of a commercial motor vehicle by a
9nonresident who holds a valid commercial driver license issued by another state.
AB482,110 10Section 110. 343.315 (2) (a) 2. of the statutes is amended to read:
AB482,68,1711 343.315 (2) (a) 2. Section 346.63 (1) (b) or (5) (a) or a local ordinance in
12conformity therewith or a law of a federally recognized American Indian tribe or
13band in this state in conformity with s. 346.63 (1) (b) or (5) (a) or the law of another
14jurisdiction prohibiting driving or operating a commercial motor vehicle while the
15person's alcohol concentration is 0.04 or more or with an excess or specified range of
16alcohol or tetrahydrocannabinols concentration, as those or substantially similar
17terms are used in that jurisdiction's laws.
AB482,111 18Section 111. 343.315 (2) (a) 5. of the statutes is amended to read:
AB482,69,219 343.315 (2) (a) 5. Section 343.305 (7) or (9) or a local ordinance in conformity
20therewith or a law of a federally recognized American Indian tribe or band in this
21state in conformity with s. 343.305 (7) or (9) or the law of another jurisdiction
22prohibiting refusal of a person driving or operating a motor vehicle to submit to
23chemical testing to determine the person's alcohol or tetrahydrocannabinols
24concentration or intoxication or the amount of a restricted controlled substance in

1the person's blood, or prohibiting positive results from such chemical testing, as
2those or substantially similar terms are used in that jurisdiction's laws.
AB482,112 3Section 112. 343.315 (2) (a) 6. of the statutes is amended to read:
AB482,69,144 343.315 (2) (a) 6. Section 346.63 (2) or (6), 940.09 (1) or 940.25 or a law of a
5federally recognized American Indian tribe or band in this state in conformity with
6s. 346.63 (2) or (6), 940.09 (1) or 940.25, or the law of another jurisdiction prohibiting
7causing or inflicting injury, great bodily harm or death through use of a motor vehicle
8while intoxicated or under the influence of alcohol, tetrahydrocannabinols, a
9controlled substance, a controlled substance analog or a combination thereof, or with
10an alcohol concentration of 0.04 or more or with an excess or specified range of alcohol
11or tetrahydrocannabinols concentration, while under the influence of any drug to a
12degree that renders the person incapable of safely driving, or while having a
13detectable amount of a restricted controlled substance in the person's blood, as those
14or substantially similar terms are used in that jurisdiction's laws.
AB482,113 15Section 113. 343.315 (2) (bm) 2. of the statutes is amended to read:
AB482,69,1816 343.315 (2) (bm) 2. The offense relates to a vehicle operator's alcohol or
17tetrahydrocannabinols
concentration or intoxication or the amount of a restricted
18controlled substance in the operator's blood.
AB482,114 19Section 114. 343.32 (2) (bj) of the statutes is amended to read:
AB482,69,2420 343.32 (2) (bj) The scale adopted by the secretary shall assess, for each
21conviction, 6 demerit points for a violation of s. 346.63 (6), 4 demerit points for a
22violation of s. 346.63 (2m) or (2p), and 3 demerit points for a violation of s. 346.63 (7)
23(a) 3. The scale adopted by the secretary shall not assess any demerit points for
24conviction of a violation of s. 346.63 (5) or (7) (a) 1. or 2.
AB482,115 25Section 115. 344.576 (2) (b) of the statutes is amended to read:
AB482,70,4
1344.576 (2) (b) The damage occurs while the renter or authorized driver
2operates the private passenger vehicle in this state while under the influence of an
3intoxicant or other drug, as described under s. 346.63 (1) (a), (am), or (b) or, (2m), or
4(2p)
.
AB482,116 5Section 116. 346.63 (1) (b) of the statutes is amended to read:
AB482,70,76 346.63 (1) (b) The person has a prohibited alcohol or tetrahydrocannabinols
7concentration.
AB482,117 8Section 117. 346.63 (1) (d) of the statutes is renumbered 346.63 (1) (d) 1. and
9amended to read:
AB482,70,1610 346.63 (1) (d) 1. In an action under par. (am) that is based on the defendant
11allegedly having a detectable amount of methamphetamine, or
12gamma-hydroxybutyric acid, or delta-9-tetrahydrocannabinol in his or her blood,
13the defendant has a defense if he or she proves by a preponderance of the evidence
14that at the time of the incident or occurrence he or she had a valid prescription for
15methamphetamine or one of its metabolic precursors, or gamma-hydroxybutyric
16acid, or.
AB482,70,21 172. In an action under par. (b) that is based on the defendant allegedly having
18a prohibited tetrahydrocannabinols concentration, the defendant has a defense if he
19or she proves by a preponderance of the evidence that at the time of the incident or
20occurrence he or she had a valid prescription for
delta-9-tetrahydrocannabinol or
21he or she was a qualifying patient, as defined in s. 50.80 (6)
.
AB482,118 22Section 118. 346.63 (2) (a) 2. of the statutes is amended to read:
AB482,70,2423 346.63 (2) (a) 2. The person has a prohibited alcohol or tetrahydrocannabinols
24concentration.
AB482,119 25Section 119. 346.63 (2) (b) 1. of the statutes is amended to read:
AB482,71,10
1346.63 (2) (b) 1. In an action under this subsection, the defendant has a defense
2if he or she proves by a preponderance of the evidence that the injury would have
3occurred even if he or she had been exercising due care and he or she had not been
4under the influence of an intoxicant, tetrahydrocannabinols, a controlled substance,
5a controlled substance analog or a combination thereof, under the influence of any
6other drug to a degree which renders him or her incapable of safely driving, or under
7the combined influence of an intoxicant and any other drug to a degree which renders
8him or her incapable of safely driving, did not have a prohibited alcohol or
9tetrahydrocannabinols
concentration described under par. (a) 2., or did not have a
10detectable amount of a restricted controlled substance in his or her blood.
AB482,120 11Section 120. 346.63 (2) (b) 2. of the statutes is amended to read:
AB482,71,1812 346.63 (2) (b) 2. In an action under par. (a) 3. that is based on the defendant
13allegedly having a detectable amount of methamphetamine, or
14gamma-hydroxybutyric acid, or delta-9-tetrahydrocannabinol in his or her blood,
15the defendant has a defense if he or she proves by a preponderance of the evidence
16that at the time of the incident or occurrence he or she had a valid prescription for
17methamphetamine or one of its metabolic precursors, or gamma-hydroxybutyric
18acid, or.
AB482,71,23 193. In an action under par. (a) 2. that is based on the defendant allegedly having
20a prohibited tetrahydrocannabinols concentration, the defendant has a defense if he
21or she proves by a preponderance of the evidence that at the time of the incident or
22occurrence he or she had a valid prescription for
delta-9-tetrahydrocannabinol or
23he or she was a qualifying patient, as defined in s. 50.80 (6)
.
AB482,121 24Section 121. 346.63 (2p) of the statutes is created to read:
AB482,72,8
1346.63 (2p) If a person has not attained the legal age, as defined in s. 961.70
2(2), the person may not drive or operate a motor vehicle while he or she has a
3tetrahydrocannabinols concentration of more than 0.0 but not more than 5.0. One
4penalty for violation of this subsection is suspension of a person's operating privilege
5under s. 343.30 (1p). The person is eligible for an occupational license under s. 343.10
6at any time. If a person arrested for a violation of this subsection refuses to take a
7test under s. 343.305, the refusal is a separate violation and the person is subject to
8revocation of the person's operating privilege under s. 343.305 (10) (em).
AB482,122 9Section 122. 346.65 (2m) (a) of the statutes is amended to read:
AB482,72,1810 346.65 (2m) (a) In imposing a sentence under sub. (2) for a violation of s. 346.63
11(1) (am) or (b) or (5) or a local ordinance in conformity therewith, the court shall
12review the record and consider the aggravating and mitigating factors in the matter.
13If the amount of alcohol in the person's blood or urine or the amount of a restricted
14controlled substance or tetrahydrocannabinols in the person's blood is known, the
15court shall consider that amount as a factor in sentencing. The chief judge of each
16judicial administrative district shall adopt guidelines, under the chief judge's
17authority to adopt local rules under SCR 70.34, for the consideration of aggravating
18and mitigating factors.
AB482,123 19Section 123. 346.65 (2q) of the statutes is amended to read:
AB482,72,2320 346.65 (2q) Any person violating s. 346.63 (2m) or (2p) shall forfeit $200. If
21there was a minor passenger under 16 years of age in the motor vehicle at the time
22of the violation that gave rise to the conviction under s. 346.63 (2m) or (2p), the person
23shall be fined $400.
AB482,124 24Section 124. 349.02 (2) (b) 4. of the statutes is amended to read:
AB482,73,2
1349.02 (2) (b) 4. Local ordinances enacted under s. 59.54 (25) (a) or (25m) or
266.0107 (1) (bm).
AB482,125 3Section 125. 349.03 (2m) of the statutes is amended to read:
AB482,73,54 349.03 (2m) Notwithstanding sub. (2), a municipal court may suspend a license
5for a violation of a local ordinance in conformity with s. 346.63 (1) or, (2m), or (2p).
AB482,126 6Section 126. 349.06 (1m) of the statutes is amended to read:
AB482,73,87 349.06 (1m) Notwithstanding sub. (1), a municipal court may suspend a license
8for a violation of a local ordinance in conformity with s. 346.63 (1) or, (2m), or (2p).
AB482,127 9Section 127. 350.01 (10v) (a) of the statutes is amended to read:
AB482,73,1110 350.01 (10v) (a) A controlled substance included in schedule I under ch. 961
11other than a tetrahydrocannabinol.
AB482,128 12Section 128. 350.01 (10v) (e) of the statutes is repealed.
AB482,129 13Section 129. 350.01 (21g) of the statutes is created to read:
AB482,73,1514 350.01 (21g) “Tetrahydrocannabinols concentration" has the meaning given in
15s. 23.33 (1) (k).
AB482,130 16Section 130. 350.101 (1) (bg) of the statutes is created to read:
AB482,73,1917 350.101 (1) (bg) Operating with tetrahydrocannabinols concentration at or
18above specified levels.
No person may engage in the operation of a snowmobile while
19the person has a tetrahydrocannabinols concentration of 5.0 or more.
AB482,131 20Section 131. 350.101 (1) (cg) of the statutes is created to read:
AB482,73,2421 350.101 (1) (cg) Operating with tetrahydrocannabinols concentration at or
22above specified levels.
If a person has not attained the age of 21, the person may not
23engage in the operation of a snowmobile while he or she has a tetrahydrocannabinols
24concentration of more than 0.0 but not more than 5.0.
AB482,132 25Section 132. 350.101 (1) (d) of the statutes is amended to read:
AB482,74,9
1350.101 (1) (d) Related charges. A person may be charged with and a prosecutor
2may proceed upon a complaint based upon a violation of any combination of par. (a),
3(b), (bg), or (bm) for acts arising out of the same incident or occurrence. If the person
4is charged with violating any combination of par. (a), (b), (bg), or (bm), the offenses
5shall be joined. If the person is found guilty of any combination of par. (a), (b), (bg),
6or (bm) for acts arising out of the same incident or occurrence, there shall be a single
7conviction for purposes of sentencing and for purposes of counting convictions under
8s. 350.11 (3) (a) 2. and 3. Paragraphs (a), (b), (bg), and (bm) each require proof of a
9fact for conviction which the others do not require.
AB482,133 10Section 133. 350.101 (1) (e) of the statutes is renumbered 350.101 (1) (e) 1. and
11amended to read:
AB482,74,1812 350.101 (1) (e) 1. In an action under par. (bm) that is based on the defendant
13allegedly having a detectable amount of methamphetamine, or
14gamma-hydroxybutyric acid, or delta-9-tetrahydrocannabinol in his or her blood,
15the defendant has a defense if he or she proves by a preponderance of the evidence
16that at the time of the incident or occurrence he or she had a valid prescription for
17methamphetamine or one of its metabolic precursors, or gamma-hydroxybutyric
18acid, or.
AB482,74,24 192. In an action under par. (bg) or (cg) that is based on the defendant allegedly
20having a prohibited tetrahydrocannabinols concentration, the defendant has a
21defense if he or she proves by a preponderance of the evidence that at the time of the
22incident or occurrence he or she had a valid prescription for

23delta-9-tetrahydrocannabinol or he or she was a qualifying patient, as defined in s.
2450.80 (6)
.
AB482,134 25Section 134. 350.101 (2) (bg) of the statutes is created to read:
AB482,75,3
1350.101 (2) (bg) Causing injury with tetrahydrocannabinols concentrations at
2or above specified levels.
No person who has a tetrahydrocannabinols concentration
3of 5.0 or more may cause injury to another person by the operation of a snowmobile.
AB482,135 4Section 135. 350.101 (2) (c) of the statutes is amended to read:
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