2019 - 2020 LEGISLATURE
January 29, 2019 - Introduced by Senators Darling, Bernier, Carpenter, Craig,
Kooyenga, Marklein, Nass and L. Taylor, cosponsored by Representatives
Ott, Horlacher, Quinn, Spiros and Wichgers. Referred to Committee on
Judiciary and Public Safety.
1An Act to amend
346.65 (2) (am) 5. of the statutes; relating to: committing a
2fifth or sixth offense related to operating a vehicle while intoxicated and
3providing a penalty.
Analysis by the Legislative Reference Bureau
This bill imposes a mandatory minimum period of confinement in prison for
fifth and sixth offenses of operating a motor vehicle while intoxicated (OWI).
Under current law, it is an OWI offense for a person to operate a motor vehicle
while under the influence of an intoxicant, a controlled substance, a controlled
substance analog, or any combination thereof, under the influence of any substance
to a degree that renders him or her incapable of safely driving, with a detectable
amount of a restricted controlled substance in his or her blood, or with a prohibited
alcohol concentration. Under current law, a person who commits a fifth or sixth OWI
offense is guilty of a Class G felony and may be fined up to $25,000, imprisoned for
up to ten years, or both. Under current law, a person who commits a fifth or sixth
OWI offense must be fined at least $600 and imprisoned for at least six months.
Under this bill, for a fifth or sixth OWI offense, a sentencing court is required
to impose a sentence that orders the person to spend at least 18 months confined in
Because this bill creates a new crime or revises a penalty for an existing crime,
the Joint Review Committee on Criminal Penalties may be requested to prepare a
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:
346.65 (2) (am) 5. of the statutes is amended to read:
(am) 5. Except as provided in pars. (f) and (g), is guilty of a Class G 3
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, 5
plus the total number of suspensions, revocations and other convictions counted 6
under s. 343.307 (1), equals 5 or 6, except that suspensions, revocations or 7
convictions arising out of the same incident or occurrence shall be counted as one. 8The court shall impose a bifurcated sentence under s. 973.01, and the confinement
9portion of the bifurcated sentence imposed on the person shall be not less than one
10year and 6 months.
(1) This act first applies to violations committed or refusals occurring on the 13
effective date of this subsection, but does not preclude the counting of other 14
violations, convictions, suspensions, or revocations for purposes of administrative 15
action by the department of transportation, sentencing by a court, or revocation or 16
suspension of motor vehicle operating privileges.