LRB-5499/1
ZDW:ahe
2017 - 2018 LEGISLATURE
March 7, 2018 - Introduced by Senators Vinehout and L. Taylor, cosponsored by
Representatives Barca, Spreitzer, Berceau, Subeck and Sargent. Referred
to Committee on Judiciary and Public Safety.
SB866,1,6 1An Act to amend 346.65 (2) (am) 2., 346.65 (2) (am) 3., 346.65 (2) (bm), 346.65
2(2) (cm), 346.65 (2) (dm), 346.65 (2j) (am) 2., 346.65 (2j) (am) 3., 346.65 (2j) (bm),
3346.65 (2j) (cm), 346.65 (2j) (cr) and 346.65 (3r); and to create 346.65 (2) (br),
4346.65 (2) (cr), 346.65 (2j) (br), 346.65 (2j) (cp) and 346.65 (2x) of the statutes;
5relating to: alternative sentencing for certain drunken driving offenses and
6providing penalties.
Analysis by the Legislative Reference Bureau
This bill provides sentencing alternatives for persons who commit certain
second or third offenses related to operating a motor vehicle while intoxicated (OWI).
Under current law, with certain exceptions, a person who commits an
OWI-related offense is subject to a fine and a term of imprisonment. For a second
OWI-related offense, the term of imprisonment is not less than five days nor more
than six months, and for a third offense the term of imprisonment is not less than
45 days nor more than one year. If the person commits an OWI-related offense while
operating a commercial vehicle, for a second offense the term of imprisonment is not
less than five days nor more than six months, and for a third or subsequent offense,
the term of imprisonment is not less than 45 days nor more than one year.
Under the bill, if a court places on probation a person who commits his or her
second or third OWI-related offense and requires the person to take a
therapeutically indicated dose of the drug naltrexone or follow a nonpharmacological

treatment plan, the person is subject to the same fine he or she would be subject to
under current law, but his or her period of imprisonment is reduced if he or she
successfully completes probation. For a person who commits a second OWI-related
offense or a second offense related to operating a commercial vehicle with a
prohibited alcohol concentration, the period of imprisonment is five to seven days.
For a person who commits a third OWI-related offense or a third offense related to
operating a commercial vehicle with a prohibited alcohol concentration, the period
of imprisonment is not less than 14 days.
Under the bill, a person may not be sentenced under this sentencing alternative
or under another sentencing alternative for OWI-related offenses more than once in
his or her lifetime.
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:
SB866,1 1Section 1. 346.65 (2) (am) 2. of the statutes is amended to read:
SB866,2,82 346.65 (2) (am) 2. Except as provided in pars. (bm) , (br), and (f), shall be fined
3not less than $350 nor more than $1,100 and imprisoned for not less than 5 days nor
4more than 6 months if the number of convictions under ss. 940.09 (1) and 940.25 in
5the person's lifetime, plus the total number of suspensions, revocations, and other
6convictions counted under s. 343.307 (1) within a 10-year period, equals 2, except
7that suspensions, revocations, or convictions arising out of the same incident or
8occurrence shall be counted as one.
SB866,2 9Section 2. 346.65 (2) (am) 3. of the statutes is amended to read:
SB866,3,210 346.65 (2) (am) 3. Except as provided in pars. (cm), (cr), (f), and (g), shall be
11fined not less than $600 nor more than $2,000 and imprisoned for not less than 45
12days nor more than one year in the county jail if the number of convictions under ss.
13940.09 (1) and 940.25 in the person's lifetime, plus the total number of suspensions,
14revocations, and other convictions counted under s. 343.307 (1), equals 3, except that

1suspensions, revocations, or convictions arising out of the same incident or
2occurrence shall be counted as one.
SB866,3 3Section 3. 346.65 (2) (bm) of the statutes is amended to read:
SB866,3,154 346.65 (2) (bm) In any county that opts to offer a reduced minimum period of
5imprisonment for the successful completion of a probation period that includes
6alcohol and other drug treatment, if the number of convictions under ss. 940.09 (1)
7and 940.25 in the person's lifetime, plus the total number of suspensions,
8revocations, and other convictions counted under s. 343.307 (1) within a 10-year
9period, equals 2, except that suspensions, revocations, or convictions arising out of
10the same incident or occurrence shall be counted as one, the fine shall be the same
11as under par. (am) 2., but the period of imprisonment shall be not less than 5 days,
12except that if the person successfully completes a period of probation that includes
13alcohol and other drug treatment, the period of imprisonment shall be not less than
145 nor more than 7 days. A person may be sentenced under this paragraph or under
15par. (cm) or (dm) or sub. (2j) (bm), (cm), or (cr) or (3r) once in his or her lifetime.
SB866,4 16Section 4. 346.65 (2) (br) of the statutes is created to read:
SB866,3,2517 346.65 (2) (br) If the number of convictions under ss. 940.09 (1) and 940.25 in
18the person's lifetime, plus the total number of suspensions, revocations, and other
19convictions counted under s. 343.307 (1) within a 10-year period, equals 2, except
20that suspensions, revocations, or convictions arising out of the same incident or
21occurrence shall be counted as one, the fine shall be the same as under par. (am) 2.,
22but the period of imprisonment shall be not less than 5 days, except that the period
23of imprisonment shall be not less than 5 nor more than 7 days if the court places the
24person on probation under s. 973.09 and the conditions of probation require the
25person to do at least one of the following:
SB866,4,6
11. Follow a pharmacological treatment plan that includes, unless
2contraindicated, taking naltrexone, its drug product equivalent, or another
3pharmacological agent that is approved by the federal food and drug administration
4for the treatment of alcohol dependence, and that is administered in a
5therapeutically appropriate manner and in a therapeutically appropriate dosage for
6the duration of the period of probation.
SB866,4,87 2. Follow a nonpharmacological treatment plan designed to treat alcohol or
8other drug abuse or dependence.
SB866,5 9Section 5. 346.65 (2) (cm) of the statutes is amended to read:
SB866,4,2110 346.65 (2) (cm) In any county that opts to offer a reduced minimum period of
11imprisonment for the successful completion of a probation period that includes
12alcohol and other drug treatment, if the number of convictions under ss. 940.09 (1)
13and 940.25 in the person's lifetime, plus the total number of suspensions,
14revocations, and other convictions counted under s. 343.307 (1) equals 3, except that
15suspensions, revocations, or convictions arising out of the same incident or
16occurrence shall be counted as one, the fine shall be the same as under par. (am) 3.,
17but the period of imprisonment shall be not less than 45 days, except that if the
18person successfully completes a period of probation that includes alcohol and other
19drug treatment, the period of imprisonment shall be not less than 14 days. A person
20may be sentenced under this paragraph or under par. (bm) or (dm) or sub. (2j) (bm),
21(cm), or (cr) or (3r) once in his or her lifetime.
SB866,6 22Section 6. 346.65 (2) (cr) of the statutes is created to read:
SB866,5,623 346.65 (2) (cr) If the number of convictions under ss. 940.09 (1) and 940.25 in
24the person's lifetime, plus the total number of suspensions, revocations, and other
25convictions counted under s. 343.307 (1) equals 3, except that suspensions,

1revocations, or convictions arising out of the same incident or occurrence shall be
2counted as one, the fine shall be the same as under par. (am) 3., but the period of
3imprisonment shall be not less than 45 days, except that the period of imprisonment
4shall be not less than 14 days if the court places the person on probation under s.
5973.09 and the conditions of probation require the person to do at least one of the
6following:
SB866,5,127 1. Follow a pharmacological treatment plan that includes, unless
8contraindicated, taking naltrexone, its drug product equivalent, or another
9pharmacological agent that is approved by the federal food and drug administration
10for the treatment of alcohol dependence, and that is administered in a
11therapeutically appropriate manner and in a therapeutically appropriate dosage for
12the duration of the period of probation.
SB866,5,1413 2. Follow a nonpharmacological treatment plan designed to treat alcohol or
14other drug abuse or dependence.
SB866,7 15Section 7. 346.65 (2) (dm) of the statutes is amended to read:
SB866,6,216 346.65 (2) (dm) In any county that opts to offer a reduced minimum period of
17imprisonment for the successful completion of a probation period that includes
18alcohol and other drug treatment, if the number of convictions under ss. 940.09 (1)
19and 940.25 in the person's lifetime, plus the total number of suspensions,
20revocations, and other convictions counted under s. 343.307 (1) equals 4, except that
21suspensions, revocations, or convictions arising out of the same incident or
22occurrence shall be counted as one, the fine shall be the same as under par. (am) 4.,
23but the period of imprisonment shall be not less than 60 days, except that if the
24person successfully completes a period of probation that includes alcohol and other
25drug treatment, the period of imprisonment shall be not less than 29 days. A person

1may be sentenced under this paragraph or under par. (bm) or (cm) or sub. (2j) (bm),
2(cm), or (cr) or (3r) once in his or her lifetime.
SB866,8 3Section 8. 346.65 (2j) (am) 2. of the statutes is amended to read:
SB866,6,94 346.65 (2j) (am) 2. Except as provided in pars. (bm), (br), and (d), shall be fined
5not less than $300 nor more than $1,000 and imprisoned for not less than 5 days nor
6more than 6 months if the number of prior convictions under ss. 940.09 (1) and 940.25
7in the person's lifetime, plus the total number of other convictions, suspension
8suspensions, and revocations counted under s. 343.307 (2) within a 10-year period,
9equals 2.
SB866,9 10Section 9. 346.65 (2j) (am) 3. of the statutes is amended to read:
SB866,6,1611 346.65 (2j) (am) 3. Except as provided in pars. (cm), (cp), (cr), and (d), shall be
12fined not less than $600 nor more than $2,000 and imprisoned for not less than 45
13days nor more than one year in the county jail if the number of convictions under ss.
14940.09 (1) and 940.25 in the person's lifetime, plus the total number of other
15convictions, suspensions, and revocations counted under s. 343.307 (2), equals 3 or
16more.
SB866,10 17Section 10. 346.65 (2j) (bm) of the statutes is amended to read:
SB866,7,418 346.65 (2j) (bm) In any county that opts to offer a reduced minimum period of
19imprisonment for the successful completion of a probation period that includes
20alcohol and other drug treatment, if the number of convictions under ss. 940.09 (1)
21and 940.25 in the person's lifetime, plus the total number of suspensions,
22revocations, and other convictions counted under s. 343.307 (1) within a 10-year
23period, equals 2, except that suspensions, revocations, or convictions arising out of
24the same incident or occurrence shall be counted as one, the fine shall be the same
25as under par. (am) 2., but the period of imprisonment shall be not less than 5 days,

1except that if the person successfully completes a period of probation that includes
2alcohol and other drug treatment, the period of imprisonment shall be not less than
35 nor more than 7 days. A person may be sentenced under this paragraph or under
4par. (cm) or (cr) or sub. (2) (bm), (cm), or (dm) or (3r) once in his or her lifetime.
SB866,11 5Section 11. 346.65 (2j) (br) of the statutes is created to read:
SB866,7,146 346.65 (2j) (br) If the number of convictions under ss. 940.09 (1) and 940.25 in
7the person's lifetime, plus the total number of suspensions, revocations, and other
8convictions counted under s. 343.307 (1) within a 10-year period, equals 2, except
9that suspensions, revocations, or convictions arising out of the same incident or
10occurrence shall be counted as one, the fine shall be the same as under par. (am) 2.,
11but the period of imprisonment shall be not less than 5 days, except that the period
12of imprisonment shall be not less than 5 nor more than 7 days if the court places the
13person on probation under s. 973.09 and the conditions of probation require the
14person to do at least one of the following:
SB866,7,2015 1. Follow a pharmacological treatment plan that includes, unless
16contraindicated, taking naltrexone, its drug product equivalent, or another
17pharmacological agent that is approved by the federal food and drug administration
18for the treatment of alcohol dependence, and that is administered in a
19therapeutically appropriate manner and in a therapeutically appropriate dosage for
20the duration of the period of probation.
SB866,7,2221 2. Follow a nonpharmacological treatment plan designed to treat alcohol or
22other drug abuse or dependence.
SB866,12 23Section 12. 346.65 (2j) (cm) of the statutes is amended to read:
SB866,8,1024 346.65 (2j) (cm) In any county that opts to offer a reduced minimum period of
25imprisonment for the successful completion of a probation period that includes

1alcohol and other drug treatment, if the number of convictions under ss. 940.09 (1)
2and 940.25 in the person's lifetime, plus the total number of suspensions,
3revocations, and other convictions counted under s. 343.307 (1) equals 3, except that
4suspensions, revocations, or convictions arising out of the same incident or
5occurrence shall be counted as one, the fine shall be the same as under par. (am) 3.,
6but the period of imprisonment shall be not less than 45 days, except that if the
7person successfully completes a period of probation that includes alcohol and other
8drug treatment, the period of imprisonment shall be not less than 14 days. A person
9may be sentenced under this paragraph or under par. (bm) or (cr) or sub. (2) (bm),
10(cm), or (dm) or (3r) once in his or her lifetime.
SB866,13 11Section 13. 346.65 (2j) (cp) of the statutes is created to read:
SB866,8,2012 346.65 (2j) (cp) If the number of convictions under ss. 940.09 (1) and 940.25 in
13the person's lifetime, plus the total number of suspensions, revocations, and other
14convictions counted under s. 343.307 (1) equals 3, except that suspensions,
15revocations, or convictions arising out of the same incident or occurrence shall be
16counted as one, the fine shall be the same as under par. (am) 3., but the period of
17imprisonment shall be not less than 45 days, except that the period of imprisonment
18shall be not less than 14 days if the court places the person on probation under s.
19973.09 and the conditions of probation require the person to do at least one of the
20following:
SB866,9,221 1. Follow a pharmacological treatment plan that includes, unless
22contraindicated, taking naltrexone, its drug product equivalent, or another
23pharmacological agent that is approved by the federal food and drug administration
24for the treatment of alcohol dependence, and that is administered in a

1therapeutically appropriate manner and in a therapeutically appropriate dosage for
2the duration of the period of probation.
SB866,9,43 2. Follow a nonpharmacological treatment plan designed to treat alcohol or
4other drug abuse or dependence.
SB866,14 5Section 14. 346.65 (2j) (cr) of the statutes is amended to read:
SB866,9,176 346.65 (2j) (cr) In any county that opts to offer a reduced minimum period of
7imprisonment for the successful completion of a probation period that includes
8alcohol and other drug treatment, if the number of convictions under ss. 940.09 (1)
9and 940.25 in the person's lifetime, plus the total number of suspensions,
10revocations, and other convictions counted under s. 343.307 (1) equals 4, except that
11suspensions, revocations, or convictions arising out of the same incident or
12occurrence shall be counted as one, the fine shall be the same as under par. (am) 3.,
13but the period of imprisonment shall be not less than 60 days, except that if the
14person successfully completes a period of probation that includes alcohol and other
15drug treatment, the period of imprisonment shall be not less than 29 days. A person
16may be sentenced under this paragraph or under par. (bm) or (cm) or sub. (2) (bm),
17(cm), or (dm) or (3r) once in his or her lifetime.
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