AB985: Bill Text

LRB-5487/1

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1995 - 1996 LEGISLATURE

1995 Assembly BILL 985

March 6, 1996 - Introduced by Representatives Goetsch, Albers, Lorge, Musser, Brandemuehl, Olsen, Otte, Wasserman, Cullen, Huber, Hanson, Ward, Klusman, Robson, Seratti and Kelso, cosponsored by Senators Huelsman, Rosenzweig, Panzer, Darling and Buettner. Referred to Committee on State Affairs.

AB985,1,10 An Act to amend 23.33 (4c) (a) 2., 23.33 (4c) (a) 3., 23.33 (4c) (b) 2., 23.33 (4c) (b) 4., 23.33 (4x), 30.681 (1) (b), 30.681 (2) (b), 30.681 (2) (d), 30.687, 340.01 (46m) (a), 340.01 (46m) (b), 343.10 (5) (a) 2., 343.305 (4m) (b), 343.305 (5) (d), 343.305 (7) (b), 345.24 (1), 346.63 (2) (b), 346.63 (2m), 346.63 (7) (a) 1., 350.101 (1) (b), 350.101 (1) (c), 350.101 (2) (b), 350.101 (2) (d), 350.107, 885.235 (1) (a) 1., 885.235 (1) (a) 2., 885.235 (1) (b), 885.235 (1) (bd), 885.235 (1) (c), 885.235 (1) (cd), 885.235 (1) (d), 885.235 (1m), 885.235 (4), 905.04 (4) (f), 940.09 (1g) (b), 940.09 (2), 940.25 (2) and 967.055 (1) (b); and to create 23.33 (1) (ar), 30.50 (1g), 350.01 (1h) and 939.22 (3) of the statutes; relating to: the definition of alcohol concentration.

Analysis by the Legislative Reference Bureau

Current law uses the terms "alcohol concentration" and "blood alcohol concentration" and the concepts that these terms relate to in inconsistent ways in various chapters of the statutes dealing with the intoxicated operation of all-terrain vehicles, motorboats, motor vehicles and snowmobiles. This bill uses the term "alcohol concentration" consistently throughout the statutes to mean the number of grams of alcohol per 100 milliliters of a person's blood or the number of grams of alcohol per 210 liters of a person's breath.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

AB985, s. 1 Section 1. 23.33 (1) (ar) of the statutes is created to read:

AB985,2,2 23.33 (1) (ar) "Alcohol concentration" has the meaning given in s. 340.01 (1v).

AB985, s. 2 Section 2. 23.33 (4c) (a) 2. of the statutes is amended to read:

AB985,2,8 23.33 (4c) (a) 2. `Operating with alcohol concentrations at or above specified levels.' No person may engage in the operation of an all-terrain vehicle while the person has a blood an alcohol concentration of 0.1% 0.1 or more by weight of alcohol in his or her blood. No person may engage in the operation of an all-terrain vehicle while the person has 0.1 grams or more of alcohol in 210 liters of his or her breath.

AB985, s. 3 Section 3. 23.33 (4c) (a) 3. of the statutes is amended to read:

AB985,2,15 23.33 (4c) (a) 3. `Operating with alcohol concentrations at specified levels; below age 19.' If a person has not attained the age of 19, the person may not engage in the operation of an all-terrain vehicle while he or she has a blood an alcohol concentration of more than 0.0% 0.0 but not more than 0.1% by weight of alcohol in his or her blood or more than 0.0 grams but not more than 0.1 grams of alcohol in 210 liters of his or her breath 0.1.

AB985, s. 4 Section 4. 23.33 (4c) (b) 2. of the statutes is amended to read:

AB985,2,22 23.33 (4c) (b) 2. `Causing injury with alcohol concentrations at or above specified levels.' No person who has a blood an alcohol concentration of 0.1% 0.1 or more by weight of alcohol in his or her blood may cause injury to another person by the operation of an all-terrain vehicle. No person who has 0.1 grams or more of alcohol in 210 liters of his or her breath may cause injury to another person by the operation of an all-terrain vehicle.

AB985, s. 5 Section 5. 23.33 (4c) (b) 4. of the statutes is amended to read:

AB985,3,4 23.33 (4c) (b) 4. `Defenses.' In an action under this paragraph, the defendant has a defense if he or she proves by a preponderance of the evidence that the injury would have occurred even if he or she had been exercising due care and he or she had not been under the influence of an intoxicant or did not have a blood an alcohol concentration of 0.1% or more by weight of alcohol in his or her blood or 0.1 grams or more of alcohol in 210 liters of his or her breath.

AB985, s. 6 Section 6. 23.33 (4x) of the statutes is amended to read:

AB985,3,14 23.33 (4x) Officer's action after arrest for operating an all-terrain vehicle while under influence of intoxicant. A person arrested for a violation of sub. (4c) (a) 1. or 2. or a local ordinance in conformity therewith or sub. (4c) (b) 1. or 2. may not be released until 12 hours have elapsed from the time of his or her arrest or unless a chemical test administered under sub. (4p) (a) 1. shows that there is 0.05% or less by weight of alcohol in the person's blood or 0.05 grams or less of alcohol in 210 liters of the person's breath the person has an alcohol concentration of 0.05 or less, but the person may be released to his or her attorney, spouse, relative or other responsible adult at any time after arrest.

AB985, s. 7 Section 7. 30.50 (1g) of the statutes is created to read:

AB985,3,16 30.50 (1g) "Alcohol concentration" has the meaning given in s. 340.01 (1v).

AB985, s. 8 Section 8. 30.681 (1) (b) of the statutes is amended to read:

AB985,3,22 30.681 (1) (b) Operating with alcohol concentrations at or above specified levels. No person may engage in the operation of a motorboat while the person has a blood an alcohol concentration of 0.1% 0.1 or more by weight of alcohol in his or her blood. No person may engage in the operation of a motorboat while the person has 0.1 grams or more of alcohol in 210 liters of his or her breath.

AB985, s. 9 Section 9. 30.681 (2) (b) of the statutes is amended to read:

AB985,4,4 30.681 (2) (b) Causing injury with alcohol concentrations at or above specified levels. No person who has a blood an alcohol concentration of 0.1% 0.1 or more by weight of alcohol in his or her blood may cause injury to another person by the operation of a motorboat. No person who has 0.1 grams or more of alcohol in 210 liters of his or her breath may cause injury to another person by the operation of a motorboat.

AB985, s. 10 Section 10. 30.681 (2) (d) of the statutes is amended to read:

AB985,4,11 30.681 (2) (d) Defenses. In an action under this subsection, the defendant has a defense if he or she proves by a preponderance of the evidence that the injury would have occurred even if he or she had been exercising due care and he or she had not been under the influence of an intoxicant or did not have a blood an alcohol concentration of 0.1% or more by weight of alcohol in his or her blood or 0.1 grams or more of alcohol in 210 liters of his or her breath.

AB985, s. 11 Section 11. 30.687 of the statutes is amended to read:

AB985,4,20 30.687 Officer's action after arrest for violating intoxicated boating law. A person arrested for a violation of the intoxicating boating law, may not be released until 12 hours have elapsed from the time of his or her arrest or unless a chemical test administered under s. 30.684 (1) (a) shows that there is 0.05% or less by weight of alcohol in the person's blood or 0.05 grams or less of alcohol in 210 liters of the person's breath the person has an alcohol concentration of 0.05 or less, but the person may be released to his or her attorney, spouse, relative or other responsible adult at any time after arrest.

AB985, s. 12 Section 12. 340.01 (46m) (a) of the statutes is amended to read:

AB985,4,25 340.01 (46m) (a) If the person has one or no prior convictions, suspensions or revocations, as counted under s. 343.307 (1), a blood an alcohol concentration of 0.1% or more by weight of alcohol in the person's blood or 0.1 grams or more of alcohol in 210 liters of the person's breath.

AB985, s. 13 Section 13. 340.01 (46m) (b) of the statutes is amended to read:

AB985,5,5 340.01 (46m) (b) If the person has 2 or more prior convictions, suspensions or revocations, as counted under s. 343.307 (1), a blood an alcohol concentration of 0.08% or more by weight of alcohol in the person's blood or 0.08 grams or more of alcohol in 210 liters of the person's breath.

AB985, s. 14 Section 14. 343.10 (5) (a) 2. of the statutes is amended to read:

AB985,5,12 343.10 (5) (a) 2. If the petitioner has 2 or more convictions, suspensions or revocations, as counted under s. 343.307 (1), the order for issuance of an occupational license shall prohibit the petitioner from driving or operating a motor vehicle while he or she has a blood an alcohol concentration of more than 0.0% by weight of alcohol in the person's blood or more than 0.0 grams of alcohol in 210 liters of that person's breath.

AB985, s. 15 Section 15. 343.305 (4m) (b) of the statutes is amended to read:

AB985,5,18 343.305 (4m) (b) That, if one or more tests are taken and the results of any test indicate that the person has any measured an alcohol concentration above 0.0 and was driving or operating or on duty time with respect to a commercial motor vehicle, the person will be subject to penalties and issuance of an out-of-service order for the 24 hours following the test.

AB985, s. 16 Section 16. 343.305 (5) (d) of the statutes is amended to read:

AB985,6,14 343.305 (5) (d) At the trial of any civil or criminal action or proceeding arising out of the acts committed by a person alleged to have been driving or operating a motor vehicle while under the influence of an intoxicant or a controlled substance or a combination of alcohol and a controlled substance, under the influence of any other drug to a degree which renders him or her incapable of safely driving, or under the combined influence of an intoxicant and any other drug to a degree which renders him or her incapable of safely driving, or having a prohibited alcohol concentration, or alleged to have been driving or operating or on duty time with respect to a commercial motor vehicle while having any measured an alcohol concentration above 0.0 or possessing an intoxicating beverage, regardless of its alcohol content, or within 4 hours of having consumed or having been under the influence of an intoxicating beverage, regardless of its alcohol content, or of having an alcohol concentration of 0.04 or more, the results of a test administered in accordance with this section are admissible on the issue of whether the person was under the influence of an intoxicant or a controlled substance or a combination of alcohol and a controlled substance, under the influence of any other drug to a degree which renders him or her incapable of safely driving or under the combined influence of an intoxicant and any other drug to a degree which renders him or her incapable of safely driving or any issue relating to the person's alcohol concentration. Test results shall be given the effect required under s. 885.235.

AB985, s. 17 Section 17. 343.305 (7) (b) of the statutes is amended to read:

AB985,7,2 343.305 (7) (b) If a person who was driving or operating or on duty time with respect to a commercial motor vehicle submits to chemical testing administered in accordance with this section and any test results indicate any measured an alcohol concentration above 0.0, the law enforcement officer may take possession of the person's license and retain the license for 24 hours. The person may reclaim a seized license in person or request return of the license by mail. The law enforcement officer shall issue a citation for violation of s. 346.63 (7) (a) 1., issue citations for such other violations as may apply and issue an out-of-service order to the person for the 24 hours after the testing, and report both the out-of-service order and the test results to the department in the manner prescribed by the department. If the person is a nonresident, the department shall report issuance of the out-of-service order to the driver licensing agency in the person's home jurisdiction.

AB985, s. 18 Section 18. 345.24 (1) of the statutes is amended to read:

AB985,7,11 345.24 (1) A person arrested under s. 346.63 (1) or (5) or an ordinance in conformity therewith or s. 346.63 (2) or (6) or 940.25, or s. 940.09 where the offense involved the use of a vehicle, may not be released until 12 hours have elapsed from the time of his or her arrest or unless a chemical test administered under s. 343.305 shows that there is 0.04% or less by weight of alcohol in the person's blood or 0.04 grams or less of alcohol in 210 liters of the person's breath the person has an alcohol concentration of less than 0.04, but the person may be released to his or her attorney, spouse, relative or other responsible adult at any time after arrest.

AB985, s. 19 Section 19. 346.63 (2) (b) of the statutes is amended to read:

AB985,7,20 346.63 (2) (b) In an action under this subsection, the defendant has a defense if he or she proves by a preponderance of the evidence that the injury would have occurred even if he or she had been exercising due care and he or she had not been under the influence of an intoxicant or a controlled substance or a combination thereof, under the influence of any other drug to a degree which renders him or her incapable of safely driving, or under the combined influence of an intoxicant and any other drug to a degree which renders him or her incapable of safely driving or did not have a blood prohibited alcohol concentration described under par. (a) 2.

AB985, s. 20 Section 20. 346.63 (2m) of the statutes is amended to read:

AB985,8,6 346.63 (2m) If a person has not attained the age of 19, the person may not drive or operate a motor vehicle while he or she has a blood an alcohol concentration of more than 0.0% 0.0 but not more than 0.1% by weight of alcohol in the person's blood or more than 0.0 grams but not more than 0.1 grams of alcohol in 210 liters of that person's breath 0.1. One penalty for violation of this subsection is suspension of a person's operating privilege under s. 343.30 (1p). The person is eligible for an occupational license under s. 343.10 at any time. If a person arrested for a violation of this subsection refuses to take a test under s. 343.305, the refusal is a separate violation and the person is subject to revocation of the person's operating privilege under s. 343.305 (10) (em).