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AB220,132 12Section 132 . 343.305 (9) (a) 5. c. of the statutes is amended to read:
AB220,80,1813 343.305 (9) (a) 5. c. Whether the person refused to permit the test. The person
14shall not be considered to have refused the test if it is shown by a preponderance of
15evidence that the refusal was due to a physical inability to submit to the test due to
16a physical disability or disease unrelated to the use of alcohol,
17tetrahydrocannabinols, controlled substances, controlled substance analogs or other
18drugs.
AB220,133 19Section 133 . 343.305 (9) (am) 5. a. of the statutes is amended to read:
AB220,80,2320 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).
AB220,134 24Section 134 . 343.305 (9) (am) 5. c. of the statutes is amended to read:
AB220,81,6
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.
AB220,135 7Section 135 . 343.305 (9) (d) of the statutes is amended to read:
AB220,81,158 343.305 (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.
AB220,136 16Section 136 . 343.305 (10) (c) 1. (intro.) of the statutes is amended to read:
AB220,81,2517 343.305 (10) (c) 1. (intro.) Except as provided in subd. 1. a. or b., the court shall
18order the person to submit to and comply with an assessment by an approved public
19treatment facility as defined in s. 51.45 (2) (c) for examination of the person's use of
20alcohol, tetrahydrocannabinols, controlled substances or controlled substance
21analogs and development of a driver safety plan for the person. The court shall notify
22the person and the department of transportation of the assessment order. The court
23shall also notify the person that noncompliance with assessment or the driver safety
24plan will result in license suspension until the person is in compliance. The
25assessment order shall:
AB220,137
1Section 137. 343.305 (10) (d) of the statutes is amended to read:
AB220,83,162 343.305 (10) (d) The assessment report shall order compliance with a driver
3safety plan. The report shall inform the person of the fee provisions under s. 46.03
4(18) (f). The driver safety plan may include a component that makes the person
5aware of the effect of his or her offense on a victim and a victim's family. The driver
6safety plan may include treatment for the person's misuse, abuse or dependence on
7alcohol, tetrahydrocannabinols, controlled substances or controlled substance
8analogs, attendance at a school under s. 345.60, or both. If the plan requires
9inpatient treatment, the treatment shall not exceed 30 days. A driver safety plan
10under this paragraph shall include a termination date consistent with the plan
11which shall not extend beyond one year. The county department under s. 51.42 shall
12assure notification of the department of transportation and the person of the person's
13compliance or noncompliance with assessment and treatment. The school under s.
14345.60 shall notify the department, the county department under s. 51.42 and the
15person of the person's compliance or noncompliance with the requirements of the
16school. Nonpayment of the assessment fee or, if the person has the ability to pay,
17nonpayment of the driver safety plan fee is noncompliance with the court order. If
18the department is notified of noncompliance, other than for nonpayment of the
19assessment fee or driver safety plan fee, it shall revoke the person's operating
20privilege until the county department under s. 51.42 or the school under s. 345.60
21notifies the department that the person is in compliance with assessment or the
22driver safety plan. If the department is notified that a person has not paid the
23assessment fee, or that a person with the ability to pay has not paid the driver safety
24plan fee, the department shall suspend the person's operating privilege for a period
25of 2 years or until it receives notice that the person has paid the fee, whichever occurs

1first. The department shall notify the person of the suspension or revocation, the
2reason for the suspension or revocation and the person's right to a review. A person
3may request a review of a revocation based upon failure to comply with a driver safety
4plan within 10 days of notification. The review shall be handled by the subunit of
5the department of transportation designated by the secretary. The issues at the
6review are limited to whether the driver safety plan, if challenged, is appropriate and
7whether the person is in compliance with the assessment order or the driver safety
8plan. The review shall be conducted within 10 days after a request is received. If the
9driver safety plan is determined to be inappropriate, the department shall order a
10reassessment and if the person is otherwise eligible, the department shall reinstate
11the person's operating privilege. If the person is determined to be in compliance with
12the assessment or driver safety plan, and if the person is otherwise eligible, the
13department shall reinstate the person's operating privilege. If there is no decision
14within the 10-day period, the department shall issue an order reinstating the
15person's operating privilege until the review is completed, unless the delay is at the
16request of the person seeking the review.
AB220,138 17Section 138 . 343.305 (10) (em) of the statutes is amended to read:
AB220,84,318 343.305 (10) (em) One penalty for improperly refusing to submit to a test for
19intoxication regarding a person arrested for a violation of s. 346.63 (2m), (2p), or (7)
20or a local ordinance in conformity therewith is revocation of the person's operating
21privilege for 6 months. If there was a minor passenger under 16 years of age in the
22motor vehicle at the time of the incident that gave rise to the improper refusal, the
23revocation period is 12 months. After the first 15 days of the revocation period, the
24person is eligible for an occupational license under s. 343.10. Any such improper
25refusal or revocation for the refusal does not count as a prior refusal or a prior

1revocation under this section or ss. 343.30 (1q), 343.307 and 346.65 (2). The person
2shall not be required to submit to and comply with any assessment or driver safety
3plan under pars. (c) and (d).
AB220,139 4Section 139 . 343.307 (1) (d) of the statutes is amended to read:
AB220,84,125 343.307 (1) (d) Convictions under the law of another jurisdiction that prohibits
6a person from refusing chemical testing or using a motor vehicle while intoxicated
7or under the influence of a controlled substance or controlled substance analog, or
8a combination thereof; with an excess or specified range of alcohol or
9tetrahydrocannabinols
concentration; while under the influence of any drug to a
10degree that renders the person incapable of safely driving; or while having a
11detectable amount of a restricted controlled substance in his or her blood, as those
12or substantially similar terms are used in that jurisdiction's laws.
AB220,140 13Section 140 . 343.307 (2) (e) of the statutes is amended to read:
AB220,84,2114 343.307 (2) (e) Convictions under the law of another jurisdiction that prohibits
15a person from refusing chemical testing or using a motor vehicle while intoxicated
16or under the influence of a controlled substance or controlled substance analog, or
17a combination thereof; with an excess or specified range of alcohol or
18tetrahydrocannabinols
concentration; while under the influence of any drug to a
19degree that renders the person incapable of safely driving; or while having a
20detectable amount of a restricted controlled substance in his or her blood, as those
21or substantially similar terms are used in that jurisdiction's laws.
AB220,141 22Section 141 . 343.31 (1) (am) of the statutes is amended to read:
AB220,85,623 343.31 (1) (am) Injury by the operation of a vehicle while under the influence
24of an intoxicant, tetrahydrocannabinols, a controlled substance or a controlled
25substance analog, or any combination of an intoxicant, tetrahydrocannabinols, a

1controlled substance and a controlled substance analog, under the influence of any
2other drug to a degree which renders him or her incapable of safely driving, or under
3the combined influence of an intoxicant and any other drug to a degree which renders
4him or her incapable of safely driving or while the person has a detectable amount
5of a restricted controlled substance in his or her blood or has a prohibited alcohol or
6tetrahydrocannabinols
concentration and which is criminal under s. 346.63 (2).
AB220,142 7Section 142 . 343.31 (2) of the statutes is amended to read:
AB220,85,228 343.31 (2) The department shall revoke the operating privilege of any resident
9upon receiving notice of the conviction of such person in another jurisdiction for an
10offense therein which, if committed in this state, would have been cause for
11revocation under this section or for revocation under s. 343.30 (1q). Such offenses
12shall include violation of any law of another jurisdiction that prohibits a person from
13using a motor vehicle while intoxicated or under the influence of a controlled
14substance or controlled substance analog, or a combination thereof; with an excess
15or specified range of alcohol or tetrahydrocannabinols concentration; while under
16the influence of any drug to a degree that renders the person incapable of safely
17driving; or while having a detectable amount of a restricted controlled substance in
18his or her blood, as those or substantially similar terms are used in that jurisdiction's
19laws. Upon receiving similar notice with respect to a nonresident, the department
20shall revoke the privilege of the nonresident to operate a motor vehicle in this state.
21Such revocation shall not apply to the operation of a commercial motor vehicle by a
22nonresident who holds a valid commercial driver license issued by another state.
AB220,143 23Section 143 . 343.315 (2) (a) 2. of the statutes is amended to read:
AB220,86,524 343.315 (2) (a) 2. Section 346.63 (1) (b) or (5) (a) or a local ordinance in
25conformity therewith or a law of a federally recognized American Indian tribe or

1band in this state in conformity with s. 346.63 (1) (b) or (5) (a) or the law of another
2jurisdiction prohibiting driving or operating a commercial motor vehicle while the
3person's alcohol concentration is 0.04 or more or with an excess or specified range of
4alcohol or tetrahydrocannabinols concentration, as those or substantially similar
5terms are used in that jurisdiction's laws.
AB220,144 6Section 144 . 343.315 (2) (a) 5. of the statutes is amended to read:
AB220,86,147 343.315 (2) (a) 5. Section 343.305 (7) or (9) or a local ordinance in conformity
8therewith or a law of a federally recognized American Indian tribe or band in this
9state in conformity with s. 343.305 (7) or (9) or the law of another jurisdiction
10prohibiting refusal of a person driving or operating a motor vehicle to submit to
11chemical testing to determine the person's alcohol or tetrahydrocannabinols
12concentration or intoxication or the amount of a restricted controlled substance in
13the person's blood, or prohibiting positive results from such chemical testing, as
14those or substantially similar terms are used in that jurisdiction's laws.
AB220,145 15Section 145 . 343.315 (2) (a) 6. of the statutes is amended to read:
AB220,87,216 343.315 (2) (a) 6. Section 346.63 (2) or (6), 940.09 (1) or 940.25 or a law of a
17federally recognized American Indian tribe or band in this state in conformity with
18s. 346.63 (2) or (6), 940.09 (1) or 940.25, or the law of another jurisdiction prohibiting
19causing or inflicting injury, great bodily harm or death through use of a motor vehicle
20while intoxicated or under the influence of alcohol, tetrahydrocannabinols, a
21controlled substance, a controlled substance analog or a combination thereof, or with
22an alcohol concentration of 0.04 or more or with an excess or specified range of alcohol
23or tetrahydrocannabinols concentration, while under the influence of any drug to a
24degree that renders the person incapable of safely driving, or while having a

1detectable amount of a restricted controlled substance in the person's blood, as those
2or substantially similar terms are used in that jurisdiction's laws.
AB220,146 3Section 146 . 343.315 (2) (bm) 2. of the statutes is amended to read:
AB220,87,64 343.315 (2) (bm) 2. The offense relates to a vehicle operator's alcohol or
5tetrahydrocannabinols
concentration or intoxication or the amount of a restricted
6controlled substance in the operator's blood.
AB220,147 7Section 147 . 343.32 (2) (bj) of the statutes is amended to read:
AB220,87,128 343.32 (2) (bj) The scale adopted by the secretary shall assess, for each
9conviction, 6 demerit points for a violation of s. 346.63 (6), 4 demerit points for a
10violation of s. 346.63 (2m) or (2p), and 3 demerit points for a violation of s. 346.63 (7)
11(a) 3. The scale adopted by the secretary shall not assess any demerit points for
12conviction of a violation of s. 346.63 (5) or (7) (a) 1. or 2.
AB220,148 13Section 148 . 343.38 (1) (d) 2. of the statutes is amended to read:
AB220,87,1814 343.38 (1) (d) 2. Not more than 45 days before applying for reinstatement, the
15person submits to and complies with an assessment by an approved public treatment
16facility, as defined in s. 51.45 (2) (c), for examination of the person's use of alcohol,
17tetrahydrocannabinols, controlled substances, or controlled substance analogs and
18development of a driver safety plan for the person.
AB220,149 19Section 149 . 343.44 (1) (a) of the statutes is amended to read:
AB220,88,420 343.44 (1) (a) Operating while suspended. No person whose operating privilege
21has been duly suspended under the laws of this state may operate a motor vehicle
22upon any highway in this state during the period of suspension or in violation of any
23restriction on an occupational license issued to the person during the period of
24suspension. A person's knowledge that his or her operating privilege is suspended
25is not an element of the offense under this paragraph. In this paragraph, “ restriction

1on an occupational license" means restrictions imposed under s. 343.10 (5) (a) as to
2hours of the day, area, routes or purpose of travel, vehicles allowed to be operated,
3use of an ignition interlock device, sobriety or use of alcohol, tetrahydrocannabinols,
4controlled substances or controlled substance analogs.
AB220,150 5Section 150 . 343.44 (1) (b) of the statutes is amended to read:
AB220,88,156 343.44 (1) (b) Operating while revoked. No person whose operating privilege
7has been duly revoked under the laws of this state may operate a motor vehicle upon
8any highway in this state during the period of revocation or in violation of any
9restriction on an occupational license issued to the person during the period of
10revocation. A person's knowledge that his or her operating privilege is revoked is not
11an element of the offense under this paragraph. In this paragraph, “restriction on
12an occupational license" means restrictions imposed under s. 343.10 (5) (a) as to
13hours of the day, area, routes or purpose of travel, vehicles allowed to be operated,
14use of an ignition interlock device, sobriety or use of alcohol, tetrahydrocannabinols,
15controlled substances or controlled substance analogs.
AB220,151 16Section 151 . 344.576 (2) (b) of the statutes is amended to read:
AB220,88,2017 344.576 (2) (b) The damage occurs while the renter or authorized driver
18operates the private passenger vehicle in this state while under the influence of an
19intoxicant or other drug, as described under s. 346.63 (1) (a), (am), or (b) or, (2m), or
20(2p)
.
AB220,152 21Section 152 . 346.63 (1) (b) of the statutes is amended to read:
AB220,88,2322 346.63 (1) (b) The person has a prohibited alcohol or tetrahydrocannabinols
23concentration.
AB220,153 24Section 153 . 346.63 (1) (d) of the statutes is renumbered 346.63 (1) (d) 1. and
25amended to read:
AB220,89,7
1346.63 (1) (d) 1. In an action under par. (am) that is based on the defendant
2allegedly having a detectable amount of methamphetamine, or
3gamma-hydroxybutyric acid, or delta-9-tetrahydrocannabinol in his or her blood,
4the defendant has a defense if he or she proves by a preponderance of the evidence
5that at the time of the incident or occurrence he or she had a valid prescription for
6methamphetamine or one of its metabolic precursors, or gamma-hydroxybutyric
7acid, or delta-9-tetrahydrocannabinol.
AB220,154 8Section 154 . 346.63 (1) (d) 2. of the statutes is created to read:
AB220,89,139 346.63 (1) (d) 2. In an action under par. (b) that is based on the defendant
10allegedly having a prohibited tetrahydrocannabinols concentration, the defendant
11has a defense if he or she proves by a preponderance of the evidence that at the time
12of the incident or occurrence he or she had a valid prescription for
13tetrahydrocannabinol or he or she was a qualifying patient, as defined in s. 50.80 (6).
AB220,155 14Section 155 . 346.63 (2) (a) 2. of the statutes is amended to read:
AB220,89,1615 346.63 (2) (a) 2. The person has a prohibited alcohol or tetrahydrocannabinols
16concentration.
AB220,156 17Section 156 . 346.63 (2) (b) 1. of the statutes is amended to read:
AB220,90,218 346.63 (2) (b) 1. In an action under this subsection, the defendant has a defense
19if he or she proves by a preponderance of the evidence that the injury would have
20occurred even if he or she had been exercising due care and he or she had not been
21under the influence of an intoxicant, tetrahydrocannabinols, a controlled substance,
22a controlled substance analog or a combination thereof, under the influence of any
23other drug to a degree which renders him or her incapable of safely driving, or under
24the combined influence of an intoxicant and any other drug to a degree which renders
25him or her incapable of safely driving, did not have a prohibited alcohol or

1tetrahydrocannabinols
concentration described under par. (a) 2., or did not have a
2detectable amount of a restricted controlled substance in his or her blood.
AB220,157 3Section 157 . 346.63 (2) (b) 2. of the statutes is amended to read:
AB220,90,104 346.63 (2) (b) 2. In an action under par. (a) 3. that is based on the defendant
5allegedly having a detectable amount of methamphetamine, or
6gamma-hydroxybutyric acid, or delta-9-tetrahydrocannabinol in his or her blood,
7the defendant has a defense if he or she proves by a preponderance of the evidence
8that at the time of the incident or occurrence he or she had a valid prescription for
9methamphetamine or one of its metabolic precursors, or gamma-hydroxybutyric
10acid, or delta-9-tetrahydrocannabinol.
AB220,158 11Section 158 . 346.63 (2) (b) 3. of the statutes is created to read:
AB220,90,1612 346.63 (2) (b) 3. In an action under par. (a) 2. that is based on the defendant
13allegedly having a prohibited tetrahydrocannabinols concentration, the defendant
14has a defense if he or she proves by a preponderance of the evidence that at the time
15of the incident or occurrence he or she had a valid prescription for
16tetrahydrocannabinol or he or she was a qualifying patient, as defined in s. 50.80 (6).
AB220,159 17Section 159 . 346.63 (2p) of the statutes is created to read:
AB220,90,2518 346.63 (2p) If a person has not attained the legal age, as defined in s. 961.70
19(2), the person may not drive or operate a motor vehicle while he or she has a
20tetrahydrocannabinols concentration of more than 0.0 but not more than 5.0. One
21penalty for violation of this subsection is suspension of a person's operating privilege
22under s. 343.30 (1p). The person is eligible for an occupational license under s. 343.10
23at any time. If a person arrested for a violation of this subsection refuses to take a
24test under s. 343.305, the refusal is a separate violation and the person is subject to
25revocation of the person's operating privilege under s. 343.305 (10) (em).
AB220,160
1Section 160. 346.637 of the statutes is amended to read:
AB220,91,3 2346.637 Driver awareness program. The department shall conduct a
3campaign to educate drivers in this state concerning:
AB220,91,7 4(1) The laws relating to operating a motor vehicle and drinking alcohol, using
5tetrahydrocannabinols, controlled substances , or controlled substance analogs, or
6using any combination of alcohol, tetrahydrocannabinols, controlled substances, and
7controlled substance analogs.
AB220,91,10 8(2) The effects of alcohol, tetrahydrocannabinols, controlled substances, or
9controlled substance analogs, or the use of them in any combination, on a person's
10ability to operate a motor vehicle.
AB220,161 11Section 161 . 346.65 (2m) (a) of the statutes is amended to read:
AB220,91,2012 346.65 (2m) (a) In imposing a sentence under sub. (2) for a violation of s. 346.63
13(1) (am) or (b) or (5) or a local ordinance in conformity therewith, the court shall
14review the record and consider the aggravating and mitigating factors in the matter.
15If the amount of alcohol in the person's blood or urine or the amount of a restricted
16controlled substance or tetrahydrocannabinols in the person's blood is known, the
17court shall consider that amount as a factor in sentencing. The chief judge of each
18judicial administrative district shall adopt guidelines, under the chief judge's
19authority to adopt local rules under SCR 70.34, for the consideration of aggravating
20and mitigating factors.
AB220,162 21Section 162 . 346.65 (2q) of the statutes is amended to read:
AB220,91,2522 346.65 (2q) Any person violating s. 346.63 (2m) or (2p) shall forfeit $200. If
23there was a minor passenger under 16 years of age in the motor vehicle at the time
24of the violation that gave rise to the conviction under s. 346.63 (2m) or (2p), the person
25shall be fined $400.
AB220,163
1Section 163. 346.93 (1) of the statutes is amended to read:
AB220,92,92 346.93 (1) No underage person, as defined under s. 125.02 (20m), may
3knowingly possess, transport, or have under his or her control any alcohol beverage
4or tetrahydrocannabinols in any motor vehicle unless the. This subsection does not
5prohibit a
person who is employed by a brewer, brewpub, alcohol beverage licensee,
6wholesaler, retailer, distributor, manufacturer, or rectifier and is from possessing,
7transporting, or having such beverage alcohol beverages in a motor vehicle under his
8or her control during his or her working hours and in the course of employment, as
9provided under s. 125.07 (4) (bm).
AB220,164 10Section 164 . 346.935 (1) of the statutes is amended to read:
AB220,92,1311 346.935 (1) No person may drink alcohol beverages ; burn, inhale, or ingest
12products containing tetrahydrocannabinol;
or inhale nitrous oxide while he or she
13is in any motor vehicle when the vehicle is upon a highway.
AB220,165 14Section 165 . 346.935 (2) of the statutes is amended to read:
AB220,92,1915 346.935 (2) No person may possess on his or her person, in a privately owned
16motor vehicle upon a public highway, any bottle or receptacle containing alcohol
17beverages, tetrahydrocannabinols, or nitrous oxide if the bottle or receptacle has
18been opened, the seal has been broken or the contents of the bottle or receptacle have
19been partially removed or released.
AB220,166 20Section 166 . 346.935 (3) of the statutes is amended to read:
AB220,93,521 346.935 (3) The owner of a privately owned motor vehicle, or the driver of the
22vehicle if the owner is not present in the vehicle, shall not keep, or allow to be kept
23in the motor vehicle when it is upon a highway any bottle or receptacle containing
24alcohol beverages, tetrahydrocannabinols, or nitrous oxide if the bottle or receptacle
25has been opened, the seal has been broken or the contents of the bottle or receptacle

1have been partially removed or released. This subsection does not apply if the bottle
2or receptacle is kept in the trunk of the vehicle or, if the vehicle has no trunk, in some
3other area of the vehicle not normally occupied by the driver or passengers. A utility
4compartment or glove compartment is considered to be within the area normally
5occupied by the driver and passengers.
AB220,167 6Section 167 . 349.02 (2) (b) 4. of the statutes is amended to read:
AB220,93,87 349.02 (2) (b) 4. Local ordinances enacted under s. 59.54 (25) (a) or (25m) or
866.0107 (1) (bm).
AB220,168 9Section 168 . 349.03 (2m) of the statutes is amended to read:
AB220,93,1110 349.03 (2m) Notwithstanding sub. (2), a municipal court may suspend a license
11for a violation of a local ordinance in conformity with s. 346.63 (1) or, (2m), or (2p).
AB220,169 12Section 169 . 349.06 (1m) of the statutes is amended to read:
AB220,93,1413 349.06 (1m) Notwithstanding sub. (1), 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).
AB220,170 15Section 170 . 350.01 (10v) (a) of the statutes is amended to read:
AB220,93,1716 350.01 (10v) (a) A controlled substance included in schedule I under ch. 961
17other than a tetrahydrocannabinol.
AB220,171 18Section 171 . 350.01 (10v) (e) of the statutes is repealed.
AB220,172 19Section 172 . 350.01 (21g) of the statutes is created to read:
AB220,93,2120 350.01 (21g) “Tetrahydrocannabinols concentration" has the meaning given in
21s. 23.33 (1) (k).
AB220,173 22Section 173 . 350.101 (1) (bg) of the statutes is created to read:
AB220,93,2523 350.101 (1) (bg) Operating with tetrahydrocannabinols concentration at or
24above specified levels.
No person may engage in the operation of a snowmobile while
25the person has a tetrahydrocannabinols concentration of 5.0 or more.
AB220,174
1Section 174. 350.101 (1) (cg) of the statutes is created to read:
AB220,94,52 350.101 (1) (cg) Operating with tetrahydrocannabinols concentration at or
3above specified levels; below age 21.
If a person has not attained the age of 21, the
4person may not engage in the operation of a snowmobile while he or she has a
5tetrahydrocannabinols concentration of more than 0.0 but not more than 5.0.
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