Date of enactment: February 28, 2020
2019 Senate Bill 6
Date of publication*: February 29, 2020
2019 WISCONSIN ACT 106
An Act to amend 346.65 (2) (am) 5. of the statutes; relating to: committing a fifth or sixth offense related to operating a vehicle while intoxicated and providing a penalty.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
346.65 (2) (am) 5. of the statutes is amended to read:
346.65 (2) (am) 5. Except as provided in pars. (f) and (g), is guilty of a Class G felony and shall be fined not less than $600 and imprisoned for not less than 6 months if the number of convictions under ss. 940.09 (1) and 940.25 in the person's lifetime, plus the total number of suspensions, revocations and other convictions counted under s. 343.307 (1), equals 5 or 6, except that suspensions, revocations or convictions arising out of the same incident or occurrence shall be counted as one. The court shall impose a bifurcated sentence under s. 973.01, and the confinement portion of the bifurcated sentence imposed on the person shall be not less than one year and 6 months. The court may impose a term of confinement that is less than one year and 6 months if the court finds that the best interests of the community will be served and the public will not be harmed and if the court places its reasons on the record.
(1) This act first applies to violations committed or refusals occurring on the effective date of this subsection, but does not preclude the counting of other violations, convictions, suspensions, or revocations for purposes of administrative action by the department of transportation, sentencing by a court, or revocation or suspension of motor vehicle operating privileges.