23 U.S.C. s. 164 provides for “sanctioning" states that do not adopt certain strict driver licensing statutes affecting drunk drivers. One requirement imposed under this statute is that states may not issue occupational licenses to persons who drive drunk twice in any 5-year period until the person has had their operating privileges completely revoked for a full year. Wisconsin's current statutes have been determined to comply with this requirement.
WisDOT cannot, by administrative rule, change these statutory waiting periods. If the legislature were to change them, the current federal "sanction" for noncompliance would
transfer an amount equal to 3 percent of the funds apportioned to the State on that date under each of paragraphs (1), (3), and (4) of 23 U.S.C. § 104(b) from various highway programs to highway safety programs. For federal fiscal year 2008, the federal sanction would transfer 3% of
23 USC 104(b)(1) National Highway System funds, 3% of § 104(b)(3) Surface Transportation Program funds, and 3% of § 104(b)(4) Interstate Maintenance funds to 23 U.S.C. § 402 safety funds. Thus, the “sanction" for not complying with the federal repeat intoxicated driver law would be a loss of slightly more than $15 million from the highway construction and maintenance program and a commensurate increase in highway safety monies.
Comparison of rules in the adjacent states
Michigan: Section
257.319(8) of the Michigan Vehicle Code establishes waiting periods for occupational licenses following OWI convictions in that state as follows:
•
No waiting period during a license withdrawal for first offense (within 7 years) “driving while impaired." Under Michigan law, “driving while visibly impaired" is a lesser charge than driving while under the influence of an intoxicant. Michigan Compiled Laws s.
257.319(8)(b).
•
No waiting period during a license withdrawal for an underage person convicted of having a BAC between .02 and .08. Michigan Compiled Laws s.
257.319(8)(c). Second offense results in a 90-day suspension with no possibility of an occupational license. Michigan Compiled Laws s.
257.319(8)(d).
•
No waiting period for regular vehicle privileges during a withdrawal resulting from a CDL violation involving a BAC between .04 and .08. Michigan Compiled Laws s.
257.319(8)(f).
•
30 days waiting period during a license withdrawal for first offense (within 7 years) operating while under the influence of an intoxicant or operating with any amount of a controlled substance. Michigan Compiled Laws s.
257.319(8)(a)
•
90 days waiting period during a license withdrawal for any of the above-described violations if a minor was in the car. Michigan Compiled Laws s.
257.319(8)(e).
There is a 1-year wait under Michigan law for being involved in various criminal activities, such as issuing a bomb threat under s.
257.319(11) of the Michigan Vehicle Code.
Minnesota: Section
171.30, Minnesota Statutes (2007) prohibits issuance of occupational CDL licenses and imposes the following waiting periods for occupational licenses (called “limited licenses" in that state) as follows:
•
15 days for first offense OWI or refusal Minn. Stat. s.
171.30(subd.2a.(1))
•
60 day wait for persons whose operating privileges are withdrawn for any felony or hit and run. Minn. Stat. s.
171.30(subd. 2.)
•
90 days for second offense OWI within 10 years or 3
rd offense in a lifetime. Minn. Stat. s.
171.30(subd. 2a.(2))
•
180 days for second offense refusal of testing within 10 years or 3
rd offense in a lifetime. Minn. Stat. s.
171.30(subd. 2a.(3))
•
One year for felony injury and homicide by intoxicated use violations. Minn. Stat. s.
171.30(subd. 2a.(4))
The waiting periods are doubled for persons under age 18 or who commit a violation with a BAC greater than 0.20. Minn. Stat. s.
171.30(subd. 2c)
Illinois: Section 6206 A31 of the Illinois statutes establish waiting periods for occupational licenses following OWI convictions in that state as follows:
•
No wait for a first OWI. The occupational license must be approved by the court hearing the OWI case. 625 ILCS 6-206.1(a).
•
One year wait for second and subsequent offense OWI. The driver must obtain permission for the occupational license from a review panel. 625 ILCS 6-208.1(a)4., 6-208(b)1.
•
3 year wait following second or subsequent refusals, homicide by intoxicated use and other offenses. 625 ILCS 6-208(a)3., 6-208(b)1. The driver must obtain permission for the occupational license from a review panel.
Illinois also imposes escalating waiting periods on persons under age 21 who violate absolute sobriety requirements. 625 ILCS 6-208.2
Iowa: Iowa Code s.
321.215 on “Temporary restricted licenses" covers occupational licensing in Iowa. There are no waiting periods for occupational licenses under Iowa law, though some offenders, such as persons convicted of drug offenses, may be completely ineligible for occupational licensing.
Summary of factual data and analytical methodologies
This proposed rule making would codify longstanding DMV administrative practice with regard to occupational license waiting periods. The promulgation of this regulation does not involve the interpretation of data.
Analysis and supporting documentation used to determine effect on small businesses
This proposed rule making has no effect on small business. The proposed rule simply codifies currently existing WisDOT practice and will not change the law or DMV's application of the law. Accordingly, any effect on small business will be the same before and after adoption of this proposed rule amendment.
Initial Regulatory Flexibility Analysis
This proposed rule will have no significant effect upon small businesses. The Department's Regulatory Review Coordinator may be contacted by e-mail at
ralph.sanders@dot.state.wi.us, or by calling (414) 438-4585.
Fiscal Estimate
Summary
The Department estimates that there will be no fiscal impact on the liabilities or revenues of any county, city, village, town, school district, vocational, technical and adult education district, sewerage district, or federally-recognized tribes or bands.
Anticipated costs incurred by private sector
The Department estimates that there will be no fiscal impact on state or private sector revenues or liabilities.
Text of Proposed Rule
SECTION 1. Trans 117.03 (2) (n) is created to read:
Trans 117.03 (2) (n) Any minimum mandatory waiting period required under s.
343.10 (2) (a) 4., Stats., or specified in any other provision of law has expired. The waiting period commences on the date the suspension or revocation is imposed. Each revocation or suspension imposed has its own waiting period. The waiting periods may run concurrently. Where waiting periods do not run concurrently, no credit may be granted for waiting periods resulting from multiple suspensions or revocations arising out of one incident or occurrence. A reduction in the length of a suspension or revocation does not affect the length of the waiting period for an occupational license. An appeal or other judicial action that stays a suspension or revocation also stays the running of any required waiting period for that suspension or revocation.
