SB605: Bill Text

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1995 - 1996 LEGISLATURE

1995 Senate BILL 605

March 7, 1996 - Introduced by Senator Adelman. Referred to Committee on Judiciary.

SB605,1,10 An Act to repeal 340.01 (46m) (a), 885.235 (1) (a) 2., 885.235 (1) (b) and 885.235 (1) (cd); to renumber 885.235 (1) (a) 1.; to consolidate, renumber and amend 340.01 (46m) (intro.) and (b); to amend 23.33 (4c) (a) 2. and 3., 23.33 (4c) (b) 2., 23.33 (4c) (b) 4., 30.681 (1) (b), 30.681 (2) (b), 30.681 (2) (d), 343.31 (1) (ar), 346.63 (2) (b), 346.63 (2m), 346.63 (5) (a), 346.63 (6) (a), 350.101 (1) (b) and (c), 350.101 (2) (b), 350.101 (2) (d), 885.235 (1) (c), 885.235 (1m), 885.235 (4), 940.09 (1) (bm), 940.09 (1g) (b), 940.09 (2), 940.25 (1) (bm), 940.25 (2), 949.08 (2) (em) and 967.055 (1) (b); and to create 23.33 (1) (jc), 30.50 (9f), 350.01 (10b) and 885.235 (5) (d) of the statutes; relating to: the alcohol concentration of ve hicle operators.

Analysis by the Legislative Reference Bureau

Under present law, a person may not operate an all-terrain vehicle, motorboat or snowmobile if his or her alcohol concentration is 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.

A person who has one or no prior convictions of operating a motor vehicle while intoxicated (OWI) is guilty of an OWI offense if the person operates or drives a motor vehicle while his or her blood alcohol concentration is 0.1% or more or while his or her breath contains 0.1 grams or more of alcohol in 210 liters of breath. If the person has 2 or more prior OWI convictions, these figures are 0.08% and 0.08 grams.

This bill prohibits a person from operating any of those vehicles if the person's alcohol concentration is 0.08% or more by weight of alcohol in his or her blood or 0.08 grams or more of alcohol in 210 liters of his or her breath. The bill similarly changes the applicable levels for other offenses involving intoxication, including the opera tion or handling of a firearm, and revises the legal presumptions for chemical tests for intoxication accordingly.

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:

SB605, s. 1 Section 1. 23.33 (1) (jc) of the statutes is created to read:

SB605,2,3 23.33 (1) (jc) "Prohibited alcohol concentration" has the meaning given in s. 340.01 (46m).

SB605, s. 2 Section 2. 23.33 (4c) (a) 2. and 3. of the statutes are amended to read:

SB605,2,10 23.33 (4c) (a) 2. (title) `Operating with a prohibited alcohol concentrations at or above specified levels concentration.' No person may engage in the operation of an all-terrain vehicle while the person has a blood prohibited alcohol concentration of 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 alco hol in 210 liters of his or her breath.

SB605,2,16 3. (title) `Operating with a prohibited alcohol concentrations at specified levels concentration; 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 alcohol concentration of more than 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 the prohibited alcohol concentration.

SB605, s. 3 Section 3. 23.33 (4c) (b) 2. of the statutes is amended to read:

SB605,3,4 23.33 (4c) (b) 2. (title) `Causing injury with a prohibited alcohol concentrations at or above specified levels concentration.' No person who has a blood prohibited alcohol concentration of 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.

SB605, s. 4 Section 4. 23.33 (4c) (b) 4. of the statutes is amended to read:

SB605,3,11 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 prohibited alco hol 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.

SB605, s. 5 Section 5. 30.50 (9f) of the statutes is created to read:

SB605,3,14 30.50 (9f) "Prohibited alcohol concentration" has the meaning given in s. 340.01 (46m).

SB605, s. 6 Section 6. 30.681 (1) (b) of the statutes is amended to read:

SB605,3,21 30.681 (1) (b) (title) Operating with a prohibited alcohol concentrations at or above specified levels concentration. No person may engage in the operation of a mo torboat while the person has a blood prohibited alcohol concentration of 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.

SB605, s. 7 Section 7. 30.681 (2) (b) of the statutes is amended to read:

SB605,4,3 30.681 (2) (b) (title) Causing injury with a prohibited alcohol concentrations at or above specified levels concentration. No person who has a blood prohibited alcohol concentration of 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.

SB605, s. 8 Section 8. 30.681 (2) (d) of the statutes is amended to read:

SB605,4,10 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 prohibited 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.

SB605, s. 9 Section 9. 340.01 (46m) (intro.) and (b) of the statutes are consolidated, re numbered 340.01 (46m) and amended to read:

SB605,4,17 340.01 (46m) "Prohibited alcohol concentration" means one of the following: (b) If the person has 2 or more prior convictions, suspensions or revocations, as counted under s. 343.307 (1), a blood 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.

SB605, s. 10 Section 10. 340.01 (46m) (a) of the statutes is repealed.

SB605, s. 11 Section 11. 343.31 (1) (ar) of the statutes is amended to read:

SB605,4,22 343.31 (1) (ar) Injury by the operation of a commercial motor vehicle while the person has an alcohol concentration of 0.04 or more but less than 0.1 0.08 and which is criminal under s. 346.63 (6).

SB605, s. 12 Section 12. 346.63 (2) (b) of the statutes is amended to read:

SB605,5,6 346.63 (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.

SB605, s. 13 Section 13. 346.63 (2m) of the statutes is amended to read:

SB605,5,17 346.63 (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 alcohol concentration of more than 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 the prohibited alcohol concentration. One penalty for violation of this subsec tion 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 operat ing privilege under s. 343.305 (10) (em).

SB605, s. 14 Section 14. 346.63 (5) (a) of the statutes is amended to read:

SB605,5,20 346.63 (5) (a) No person may drive or operate a commercial motor vehicle while the person has an alcohol concentration of 0.04 or more but less than 0.1 0.08.

SB605, s. 15 Section 15. 346.63 (6) (a) of the statutes is amended to read:

SB605,5,24 346.63 (6) (a) No person may cause injury to another person by the operation of a commercial motor vehicle while the person has an alcohol concentration of 0.04 or more but less than 0.1 0.08.

SB605, s. 16 Section 16. 350.01 (10b) of the statutes is created to read:

SB605,6,2 350.01 (10b) "Prohibited alcohol concentration" has the meaning given in s. 340.01 (46m).

SB605, s. 17 Section 17. 350.101 (1) (b) and (c) of the statutes are amended to read:

SB605,6,9 350.101 (1) (b) (title) Operating with a prohibited alcohol concentrations at or above specified levels concentration. No person may engage in the operation of a snowmobile while the person has a blood prohibited alcohol concentration of 0.1% or more by weight of alcohol in his or her blood. No person may engage in the operation of a snowmobile while the person has 0.1 grams or more of alcohol in 210 liters of his or her breath.

SB605,6,15 (c) (title) Operating with a prohibited alcohol concentrations at specified levels concentration; below age 19. If a person has not attained the age of 19, the person may not engage in the operation of a snowmobile while he or she has a blood alcohol concentration of more than 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 the prohibited alcohol concentration.

SB605, s. 18 Section 18. 350.101 (2) (b) of the statutes is amended to read:

SB605,6,22 350.101 (2) (b) (title) Causing injury with a prohibited alcohol concentrations at or above specified levels concentration . No person who has a blood prohibited alco hol concentration of 0.1% or more by weight of alcohol in his or her blood may cause injury to another person by the operation of a snowmobile. 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 snowmobile.

SB605, s. 19 Section 19. 350.101 (2) (d) of the statutes is amended to read:

SB605,7,4 350.101 (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 prohibited 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.

SB605, s. 20 Section 20. 885.235 (1) (a) 1. of the statutes is renumbered 885.235 (1) (a).

SB605, s. 21 Section 21. 885.235 (1) (a) 2. of the statutes is repealed.

SB605, s. 22 Section 22. 885.235 (1) (b) of the statutes is repealed.

SB605, s. 23 Section 23. 885.235 (1) (c) of the statutes is amended to read:

SB605,7,13 885.235 (1) (c) The fact that the analysis shows that there was 0.1% 0.08% or more by weight of alcohol in the person's blood or 0.1 0.08 grams or more of alcohol in 210 liters of the person's breath is prima facie evidence that he or she was under the influence of an intoxicant and is prima facie evidence that he or she had an alco hol concentration of 0.1 0.08 or more.

SB605, s. 24 Section 24. 885.235 (1) (cd) of the statutes is repealed.

SB605, s. 25 Section 25. 885.235 (1m) of the statutes is amended to read:

SB605,8,3 885.235 (1m) In any action under s. 23.33 (4c) (a) 3., 346.63 (2m) or (7) or 350.101 (1) (c), evidence of the amount of alcohol in the person's blood at the time in question, as shown by chemical analysis of a sample of the person's blood or urine or evidence of the amount of alcohol in the person's breath, is admissible on the issue of whether he or she had a blood prohibited alcohol concentration in the range speci fied in s. 23.33 (4c) (a) 3., 346.63 (2m) or 350.101 (1) (c) or a measured alcohol con centration under s. 346.63 (7) if the sample was taken within 3 hours after the event to be proved. The fact that the analysis shows that there was more than 0.0% but not more than 0.1% 0.08% by weight of alcohol in the person's blood or more than 0.0 grams but not more than 0.1 0.08 grams of alcohol in 210 liters of the person's breath is prima facie evidence that the person had a blood prohibited alcohol concentration in the range specified in s. 23.33 (4c) (a) 3., 346.63 (2m) or 350.101 (1) (c) or a mea sured alcohol concentration under s. 346.63 (7).

SB605, s. 26 Section 26. 885.235 (4) of the statutes is amended to read:

SB605,8,10 885.235 (4) The provisions of this section relating to the admissibility of chemi cal tests for alcohol concentration, intoxication or blood alcohol concentration shall not be construed as limiting the introduction of any other competent evidence bear ing on the question of whether or not a person was under the influence of an intoxi cant, had a specified alcohol concentration or had a blood prohibited alcohol con centration in the range specified in s. 23.33 (4c) (a) 3., 346.63 (2m) or 350.101 (1) (c).

SB605, s. 27 Section 27. 885.235 (5) (d) of the statutes is created to read:

SB605,8,13 885.235 (5) (d) "Prohibited alcohol concentration" has the meaning given in s. 340.01 (46m).

SB605, s. 28 Section 28. 940.09 (1) (bm) of the statutes is amended to read:

SB605,8,17 940.09 (1) (bm) Causes the death of another by the operation of a commercial motor vehicle while the person has an alcohol concentration of 0.04 or more but less than 0.1 0.08.

SB605, s. 29 Section 29. 940.09 (1g) (b) of the statutes is amended to read:

SB605,8,22 940.09 (1g) (b) Causes the death of another by the operation or handling of a firearm or airgun while the person has a blood prohibited alcohol concentration of 0.1% or more by weight of alcohol in that person's blood or 0.10 grams or more of alco hol in 210 liters of that person's breath, as defined in s. 340.01 (46m).

SB605, s. 30 Section 30. 940.09 (2) of the statutes is amended to read:

SB605,9,3 940.09 (2) The defendant has a defense if he or she proves by a preponderance of the evidence that the death would have occurred even if he or she had been exercis ing due care and he or she had not been under the influence of an intoxicant or did not have a prohibited alcohol concentration or a blood alcohol concentration de scribed under sub. (1) (b) or (bm) or (1g) (b).

SB605, s. 31 Section 31. 940.25 (1) (bm) of the statutes is amended to read:

SB605,9,7 940.25 (1) (bm) Causes great bodily harm to another human being by the opera tion of a commercial motor vehicle while the person has an alcohol concentration of 0.04 or more but less than 0.1 0.08.

SB605, s. 32 Section 32. 940.25 (2) of the statutes is amended to read:

SB605,9,13 940.25 (2) The defendant has a defense if he or she proves by a preponderance of the evidence that the great bodily harm 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 intoxi cant or did not have a prohibited alcohol concentration or a blood alcohol concentra tion described under sub. (1) (b) or (bm).

SB605, s. 33 Section 33. 949.08 (2) (em) of the statutes is amended to read:

SB605,9,20 949.08 (2) (em) Is an adult passenger in the offender's commercial motor ve hicle and the crime involved is specified in s. 346.63 (6) or 940.25 and the passenger knew the offender was under the influence of an intoxicant, a controlled substance or both or had an alcohol concentration of 0.04 or more but less than 0.1 0.08. This paragraph does not apply if the victim is also a victim of a crime specified in s. 940.30, 940.305, 940.31 or 948.30.

SB605, s. 34 Section 34. 967.055 (1) (b) of the statutes is amended to read:

SB605,9,25 967.055 (1) (b) The legislature intends to encourage the vigorous prosecution of offenses concerning the operation of motorboats by persons under the influence of an intoxicant, a controlled substance or both to a degree which renders him or her incapable of operating a motorboat safely, or under the combined influence of an intoxicant and any other drug to a degree which renders him or her incapable of operating a motorboat safely or having a blood prohibited alcohol concentration of 0.1% or more, as defined in s. 340.01 (46m).

SB605, s. 35 Section 35. Initial applicability.

SB605,10,9 (1)  This act first applies to violations committed on the effective date of this subsection, but does not preclude the counting of other convictions, suspensions, re vocations, disqualifications or refusals as prior convictions, suspensions, revoca tions, disqualifications or refusals for purposes of administrative action by the de partment of transportation or for sentencing by a court.

SB605,10,10 (End)