LRB-5487/1
RPN:skg&kaf:jlb
1995 - 1996 LEGISLATURE
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
1An Act to amend 23.33 (4c) (a) 2., 23.33 (4c) (a) 3., 23.33 (4c) (b) 2., 23.33 (4c) (b)
24., 23.33 (4x), 30.681 (1) (b), 30.681 (2) (b), 30.681 (2) (d), 30.687, 340.01 (46m)
3(a), 340.01 (46m) (b), 343.10 (5) (a) 2., 343.305 (4m) (b), 343.305 (5) (d), 343.305
4(7) (b), 345.24 (1), 346.63 (2) (b), 346.63 (2m), 346.63 (7) (a) 1., 350.101 (1) (b),
5350.101 (1) (c), 350.101 (2) (b), 350.101 (2) (d), 350.107, 885.235 (1) (a) 1.,
6885.235 (1) (a) 2., 885.235 (1) (b), 885.235 (1) (bd), 885.235 (1) (c), 885.235 (1)
7(cd), 885.235 (1) (d), 885.235 (1m), 885.235 (4), 905.04 (4) (f), 940.09 (1g) (b),
8940.09 (2), 940.25 (2) and 967.055 (1) (b); and
to create 23.33 (1) (ar), 30.50 (1g),
9350.01 (1h) and 939.22 (3) of the statutes;
relating to: the definition of alcohol
10concentration.
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
1Section
1. 23.33 (1) (ar) of the statutes is created to read:
AB985,2,22
23.33
(1) (ar) "Alcohol concentration" has the meaning given in s. 340.01 (1v).
AB985, s. 2
3Section
2. 23.33 (4c) (a) 2. of the statutes is amended to read:
AB985,2,84
23.33
(4c) (a) 2. `Operating with alcohol concentrations at or above specified
5levels.' No person may engage in the operation of an all-terrain vehicle while the
6person has
a blood an alcohol concentration of
0.1% 0.1 or more
by weight of alcohol
7in his or her blood. No person may engage in the operation of an all-terrain vehicle
8while the person has 0.1 grams or more of alcohol in 210 liters of his or her breath.
AB985, s. 3
9Section
3. 23.33 (4c) (a) 3. of the statutes is amended to read:
AB985,2,1510
23.33
(4c) (a) 3. `Operating with alcohol concentrations at specified levels;
11below age 19.' If a person has not attained the age of 19, the person may not engage
12in the operation of an all-terrain vehicle while he or she has
a blood an alcohol
13concentration of more than
0.0% 0.0 but not more than
0.1% by weight of alcohol in
14his or her blood or more than 0.0 grams but not more than 0.1 grams of alcohol in 210
15liters of his or her breath 0.1.
AB985, s. 4
16Section
4. 23.33 (4c) (b) 2. of the statutes is amended to read:
AB985,2,2217
23.33
(4c) (b) 2. `Causing injury with alcohol concentrations at or above
18specified levels.' No person who has
a blood an alcohol concentration of
0.1% 0.1 or
19more
by weight of alcohol in his or her blood may cause injury to another person by
20the operation of an all-terrain vehicle.
No person who has 0.1 grams or more of
21alcohol in 210 liters of his or her breath may cause injury to another person by the
22operation of an all-terrain vehicle.
AB985, s. 5
23Section
5. 23.33 (4c) (b) 4. of the statutes is amended to read:
AB985,3,424
23.33
(4c) (b) 4. `Defenses.' In an action under this paragraph, the defendant
25has a defense if he or she proves by a preponderance of the evidence that the injury
1would have occurred even if he or she had been exercising due care and he or she had
2not been under the influence of an intoxicant or did not have
a blood an alcohol
3concentration of
0.1% or more by weight of alcohol in his or her blood or 0.1
grams 4or more
of alcohol in 210 liters of his or her breath.
AB985, s. 6
5Section
6. 23.33 (4x) of the statutes is amended to read:
AB985,3,146
23.33
(4x) Officer's action after arrest for operating an all-terrain vehicle
7while under influence of intoxicant. A person arrested for a violation of sub. (4c)
8(a) 1. or 2
. or a local ordinance in conformity therewith or sub. (4c) (b) 1. or 2. may
9not be released until 12 hours have elapsed from the time of his or her arrest or unless
10a chemical test administered under sub. (4p) (a) 1. shows that
there is 0.05% or less
11by weight of alcohol in the person's blood or 0.05 grams or less of alcohol in 210 liters
12of the person's breath the person has an alcohol concentration of 0.05 or less, but the
13person may be released to his or her attorney, spouse, relative or other responsible
14adult at any time after arrest.
AB985, s. 7
15Section
7. 30.50 (1g) of the statutes is created to read:
AB985,3,1616
30.50
(1g) "Alcohol concentration" has the meaning given in s. 340.01 (1v).
AB985, s. 8
17Section
8. 30.681 (1) (b) of the statutes is amended to read:
AB985,3,2218
30.681
(1) (b)
Operating with alcohol concentrations at or above specified levels.
19No person may engage in the operation of a motorboat while the person has
a blood 20an alcohol concentration of
0.1%
0.1 or more
by weight of alcohol in his or her blood. 21No person may engage in the operation of a motorboat while the person has 0.1 grams
22or more of alcohol in 210 liters of his or her breath.
AB985, s. 9
23Section
9. 30.681 (2) (b) of the statutes is amended to read:
AB985,4,424
30.681
(2) (b)
Causing injury with alcohol concentrations at or above specified
25levels. No person who has
a blood an alcohol concentration of
0.1% 0.1 or more
by
1weight of alcohol in his or her blood may cause injury to another person by the
2operation of a motorboat.
No person who has 0.1 grams or more of alcohol in 210 liters
3of his or her breath may cause injury to another person by the operation of a
4motorboat.
AB985, s. 10
5Section
10. 30.681 (2) (d) of the statutes is amended to read:
AB985,4,116
30.681
(2) (d)
Defenses. In an action under this subsection, the defendant has
7a defense if he or she proves by a preponderance of the evidence that the injury would
8have occurred even if he or she had been exercising due care and he or she had not
9been under the influence of an intoxicant or did not have
a blood an alcohol
10concentration of
0.1% or more by weight of alcohol in his or her blood or 0.1
grams 11or more
of alcohol in 210 liters of his or her breath.
AB985, s. 11
12Section
11. 30.687 of the statutes is amended to read:
AB985,4,20
1330.687 Officer's action after arrest for violating intoxicated boating
14law. A person arrested for a violation of the intoxicating boating law, may not be
15released until 12 hours have elapsed from the time of his or her arrest or unless a
16chemical test administered under s. 30.684 (1) (a) shows that
there is 0.05% or less
17by weight of alcohol in the person's blood or 0.05 grams or less of alcohol in 210 liters
18of the person's breath the person has an alcohol concentration of 0.05 or less, but the
19person may be released to his or her attorney, spouse, relative or other responsible
20adult at any time after arrest.
AB985, s. 12
21Section
12. 340.01 (46m) (a) of the statutes is amended to read:
AB985,4,2522
340.01
(46m) (a) If the person has one or no prior convictions, suspensions or
23revocations, as counted under s. 343.307 (1),
a blood
an alcohol concentration of
0.1%
24or more by weight of alcohol in the person's blood or 0.1
grams or more
of alcohol in
25210 liters of the person's breath.
AB985, s. 13
1Section
13. 340.01 (46m) (b) of the statutes is amended to read:
AB985,5,52
340.01
(46m) (b) If the person has 2 or more prior convictions, suspensions or
3revocations, as counted under s. 343.307 (1),
a blood
an alcohol concentration of
40.08% or more by weight of alcohol in the person's blood or 0.08
grams or more
of
5alcohol in 210 liters of the person's breath.
AB985, s. 14
6Section
14. 343.10 (5) (a) 2. of the statutes is amended to read:
AB985,5,127
343.10
(5) (a) 2. If the petitioner has 2 or more convictions, suspensions or
8revocations, as counted under s. 343.307 (1), the order for issuance of an occupational
9license shall prohibit the petitioner from driving or operating a motor vehicle while
10he or she has
a blood an alcohol concentration of more than
0.0% by weight of alcohol
11in the person's blood or more than 0.0
grams of alcohol in 210 liters of that person's
12breath.
AB985, s. 15
13Section
15. 343.305 (4m) (b) of the statutes is amended to read:
AB985,5,1814
343.305
(4m) (b) That, if one or more tests are taken and the results of any test
15indicate that the person has
any measured an alcohol concentration above 0.0 and
16was driving or operating or on duty time with respect to a commercial motor vehicle,
17the person will be subject to penalties and issuance of an out-of-service order for the
1824 hours following the test.
AB985, s. 16
19Section
16. 343.305 (5) (d) of the statutes is amended to read:
AB985,6,1420
343.305
(5) (d) At the trial of any civil or criminal action or proceeding arising
21out of the acts committed by a person alleged to have been driving or operating a
22motor vehicle while under the influence of an intoxicant or a controlled substance or
23a combination of alcohol and a controlled substance, under the influence of any other
24drug to a degree which renders him or her incapable of safely driving, or under the
25combined influence of an intoxicant and any other drug to a degree which renders
1him or her incapable of safely driving, or having a prohibited alcohol concentration,
2or alleged to have been driving or operating or on duty time with respect to a
3commercial motor vehicle while having
any measured
an alcohol concentration
4above 0.0 or possessing an intoxicating beverage, regardless of its alcohol content,
5or within 4 hours of having consumed or having been under the influence of an
6intoxicating beverage, regardless of its alcohol content, or of having an alcohol
7concentration of 0.04 or more, the results of a test administered in accordance with
8this section are admissible on the issue of whether the person was under the
9influence of an intoxicant or a controlled substance or a combination of alcohol and
10a controlled substance, under the influence of any other drug to a degree which
11renders him or her incapable of safely driving or under the combined influence of an
12intoxicant and any other drug to a degree which renders him or her incapable of
13safely driving or any issue relating to the person's alcohol concentration. Test results
14shall be given the effect required under s. 885.235.
AB985, s. 17
15Section
17. 343.305 (7) (b) of the statutes is amended to read:
AB985,7,216
343.305
(7) (b) If a person who was driving or operating or on duty time with
17respect to a commercial motor vehicle submits to chemical testing administered in
18accordance with this section and any test results indicate
any measured an alcohol
19concentration above 0.0, the law enforcement officer may take possession of the
20person's license and retain the license for 24 hours. The person may reclaim a seized
21license in person or request return of the license by mail. The law enforcement officer
22shall issue a citation for violation of s. 346.63 (7) (a) 1., issue citations for such other
23violations as may apply and issue an out-of-service order to the person for the 24
24hours after the testing, and report both the out-of-service order and the test results
25to the department in the manner prescribed by the department. If the person is a
1nonresident, the department shall report issuance of the out-of-service order to the
2driver licensing agency in the person's home jurisdiction.
AB985, s. 18
3Section
18. 345.24 (1) of the statutes is amended to read:
AB985,7,114
345.24
(1) A person arrested under s. 346.63 (1) or (5) or an ordinance in
5conformity therewith or s. 346.63 (2) or (6) or 940.25, or s. 940.09 where the offense
6involved the use of a vehicle, may not be released until 12 hours have elapsed from
7the time of his or her arrest or unless a chemical test administered under s. 343.305
8shows that
there is 0.04% or less by weight of alcohol in the person's blood or 0.04
9grams or less of alcohol in 210 liters of the person's breath
the person has an alcohol
10concentration of less than 0.04, but the person may be released to his or her attorney,
11spouse, relative or other responsible adult at any time after arrest.
AB985, s. 19
12Section
19. 346.63 (2) (b) of the statutes is amended to read:
AB985,7,2013
346.63
(2) (b) In an action under this subsection, the defendant has a defense
14if he or she proves by a preponderance of the evidence that the injury would have
15occurred even if he or she had been exercising due care and he or she had not been
16under the influence of an intoxicant or a controlled substance or a combination
17thereof, under the influence of any other drug to a degree which renders him or her
18incapable of safely driving, or under the combined influence of an intoxicant and any
19other drug to a degree which renders him or her incapable of safely driving or did not
20have a
blood prohibited alcohol concentration described under par. (a) 2.
AB985, s. 20
21Section
20. 346.63 (2m) of the statutes is amended to read:
AB985,8,622
346.63
(2m) If a person has not attained the age of 19, the person may not drive
23or operate a motor vehicle while he or she has
a blood
an alcohol concentration of
24more than
0.0% 0.0 but not more than
0.1% by weight of alcohol in the person's blood
25or more than 0.0 grams but not more than 0.1 grams of alcohol in 210 liters of that
1person's breath 0.1. One penalty for violation of this subsection is suspension of a
2person's operating privilege under s. 343.30 (1p). The person is eligible for an
3occupational license under s. 343.10 at any time. If a person arrested for a violation
4of this subsection refuses to take a test under s. 343.305, the refusal is a separate
5violation and the person is subject to revocation of the person's operating privilege
6under s. 343.305 (10) (em).
AB985, s. 21
7Section
21. 346.63 (7) (a) 1. of the statutes is amended to read:
AB985,8,98
346.63
(7) (a) 1. While having
any measured an alcohol concentration above
90.0.
AB985, s. 22
10Section
22. 350.01 (1h) of the statutes is created to read:
AB985,8,1111
350.01
(1h) "Alcohol concentration" has the meaning given in s. 340.01 (1v).
AB985, s. 23
12Section
23. 350.101 (1) (b) of the statutes is amended to read:
AB985,8,1713
350.101
(1) (b)
Operating with alcohol concentrations at or above specified
14levels. No person may engage in the operation of a snowmobile while the person has
15a blood an alcohol concentration of
0.1% 0.1 or more
by weight of alcohol in his or her
16blood. No person may engage in the operation of a snowmobile while the person has
170.1 grams or more of alcohol in 210 liters of his or her breath.
AB985, s. 24
18Section
24. 350.101 (1) (c) of the statutes is amended to read:
AB985,8,2419
350.101
(1) (c)
Operating with alcohol concentrations at specified levels; below
20age 19. If a person has not attained the age of 19, the person may not engage in the
21operation of a snowmobile while he or she has
a blood
an alcohol concentration of
22more than
0.0% 0.0 but not more than
0.1% by weight of alcohol in his or her blood
23or more than 0.0 grams but not more than 0.1 grams of alcohol in 210 liters of his or
24her breath 0.1.
AB985, s. 25
25Section
25. 350.101 (2) (b) of the statutes is amended to read:
AB985,9,6
1350.101
(2) (b)
Causing injury with alcohol concentrations at or above specified
2levels. No person who has
a blood an alcohol concentration of
0.1% 0.1 or more
by
3weight of alcohol in his or her blood may cause injury to another person by the
4operation of a snowmobile.
No person who has 0.1 grams or more of alcohol in 210
5liters of his or her breath may cause injury to another person by the operation of a
6snowmobile.
AB985, s. 26
7Section
26. 350.101 (2) (d) of the statutes is amended to read:
AB985,9,138
350.101
(2) (d)
Defenses. In an action under this subsection, the defendant has
9a defense if he or she proves by a preponderance of the evidence that the injury would
10have occurred even if he or she had been exercising due care and he or she had not
11been under the influence of an intoxicant or did not have
a blood an alcohol
12concentration of
0.1% or more by weight of alcohol in his or her blood or 0.1
grams 13or more
of alcohol in 210 liters of his or her breath.
AB985, s. 27
14Section
27. 350.107 of the statutes is amended to read:
AB985,9,23
15350.107 Officer's action after arrest for operating a snowmobile while
16under influence of intoxicant. A person arrested for a violation of s. 350.101 (1)
17(a) or (b) or a local ordinance in conformity therewith or s. 350.101 (2) (a) or (b) may
18not be released until 12 hours have elapsed from the time of his or her arrest or unless
19a chemical test administered under s. 350.104 (1) (a) shows that
there is 0.05% or less
20by weight of alcohol in the person's blood or 0.05 grams or less of alcohol in 210 liters
21of the person's breath the person has an alcohol concentration of 0.05 or less, but the
22person may be released to his or her attorney, spouse, relative or other responsible
23adult at any time after arrest.
AB985, s. 28
24Section
28. 885.235 (1) (a) 1. of the statutes is amended to read:
AB985,10,7
1885.235
(1) (a) 1. The fact that the analysis shows that
there was more than
20.0% but less than 0.08% by weight of alcohol in the person's blood or more than 0.0
3grams but less than 0.08 grams of alcohol in 210 liters of the person's breath the
4person had an alcohol concentration of more than 0.0 but less than 0.08 is relevant
5evidence on the issue of being under the combined influence of alcohol and a
6controlled substance or any other drug, but, except as provided in par. (d) or sub.
7(1m), is not to be given any prima facie effect.
AB985, s. 29
8Section
29. 885.235 (1) (a) 2. of the statutes is amended to read:
AB985,10,159
885.235
(1) (a) 2. The fact that the analysis shows that
there was more than
100.0% but less than 0.1% by weight of alcohol in the person's blood or more than 0.0
11grams but less than 0.1 grams of alcohol in 210 liters of the person's breath the person
12had an alcohol concentration of more than 0.0 but less than 0.1 is relevant evidence
13on the issue of being under the combined influence of alcohol and a controlled
14substance or any other drug but, except as provided in par. (d) or sub. (1m), is not to
15be given any prima facie effect.
AB985, s. 30
16Section
30. 885.235 (1) (b) of the statutes is amended to read:
AB985,10,2317
885.235
(1) (b) Except with respect to the operation of a commercial motor
18vehicle as provided in par. (d), the fact that the analysis shows that
there was more
19than 0.04% but less than 0.1% by weight of alcohol in the person's blood or more than
200.04 grams but less than 0.1 grams of alcohol in 210 liters of the person's breath the
21person had an alcohol concentration of more than 0.04 but less than 0.1 is relevant
22evidence on the issue of intoxication or an alcohol concentration of 0.1 or more but
23is not to be given any prima facie effect.
AB985, s. 31
24Section
31. 885.235 (1) (bd) of the statutes is amended to read:
AB985,11,7
1885.235
(1) (bd) Except with respect to the operation of a commercial motor
2vehicle as provided in par. (d), the fact that the analysis shows that
there was more
3than 0.04% but less than 0.08% by weight of alcohol in the person's blood or more
4than 0.04 grams but less than 0.08 grams of alcohol in 210 liters of the person's breath 5the person had an alcohol concentration of more than 0.04 but less than 0.08 is
6relevant evidence on the issue of intoxication or an alcohol concentration of 0.08 or
7more, but is not to be given any prima facie effect.
AB985, s. 32
8Section
32. 885.235 (1) (c) of the statutes is amended to read:
AB985,11,139
885.235
(1) (c) The fact that the analysis shows that
there was 0.1% or more
10by weight of alcohol in the person's blood or 0.1 grams or more of alcohol in 210 liters
11of the person's breath the person had an alcohol concentration of 0.1 or more is prima
12facie evidence that he or she was under the influence of an intoxicant and is prima
13facie evidence that he or she had an alcohol concentration of 0.1 or more.
AB985, s. 33
14Section
33. 885.235 (1) (cd) of the statutes is amended to read:
AB985,11,2115
885.235
(1) (cd) In cases involving persons who have 2 or more prior
16convictions, suspensions or revocations, as counted under s. 343.307 (1), the fact that
17the analysis shows that
there was 0.08% or more by weight of alcohol in the person's
18blood or 0.08 grams or more of alcohol in 210 liters of the person's breath the person
19had an alcohol concentration of 0.08 or more is prima facie evidence that he or she
20was under the influence of an intoxicant and is prima facie evidence that he or she
21had an alcohol concentration of 0.08 or more.
AB985, s. 34
22Section
34. 885.235 (1) (d) of the statutes is amended to read:
AB985,12,323
885.235
(1) (d) The fact that the analysis shows that
there was 0.04% or more
24by weight of alcohol in the person's blood or 0.04 grams or more of alcohol in 210 liters
25of the person's breath the person had an alcohol concentration of 0.04 or more is
1prima facie evidence that he or she was under the influence of an intoxicant with
2respect to operation of a commercial motor vehicle and is prima facie evidence that
3he or she had an alcohol concentration of 0.04 or more.
AB985, s. 35
4Section
35. 885.235 (1m) of the statutes is amended to read:
AB985,12,185
885.235
(1m) In any action under s. 23.33 (4c) (a) 3., 346.63 (2m) or (7) or
6350.101 (1) (c), evidence of the amount of alcohol in the person's blood at the time in
7question, as shown by chemical analysis of a sample of the person's blood or urine or
8evidence of the amount of alcohol in the person's breath, is admissible on the issue
9of whether he or she had
a blood an alcohol concentration in the range specified in
10s. 23.33 (4c) (a) 3., 346.63 (2m) or 350.101 (1) (c) or
a measured an alcohol
11concentration
above 0.0 under s. 346.63 (7) if the sample was taken within 3 hours
12after the event to be proved. The fact that the analysis shows that
there was more
13than 0.0% but not more than 0.1% by weight of alcohol in the person's blood or more
14than 0.0 grams but not more than 0.1 grams of alcohol in 210 liters of the person's
15breath the person had an alcohol concentration of more than 0.0 but not more than
160.1 is prima facie evidence that the person had
a blood an alcohol concentration in
17the range specified in s. 23.33 (4c) (a) 3., 346.63 (2m) or 350.101 (1) (c) or
a measured 18an alcohol concentration
above 0.0 under s. 346.63 (7).