LRB-2789/3
RPN:mfd:lp
1997 - 1998 LEGISLATURE
August 12, 1997 - Introduced by Representatives La Fave, Otte, Brandemuehl,
Goetsch, Huber, Williams, Bock, Lorge, Staskunas, M. Lehman, R. Young,
Porter, Baumgart, Seratti, Plouff, Olsen, Grothman, Walker, Kelso,
Powers, Harsdorf and
Ott, cosponsored by Senators Wirch, Huelsman,
Drzewiecki, A. Lasee and Roessler. Referred to Committee on Government
Operations.
AB467,1,5
1An Act to repeal 343.305 (4m);
to amend 343.305 (8) (b) 2. b., 343.305 (9) (a) 2.,
2343.305 (9) (a) 5. b., 343.305 (9) (am) 2. and 343.305 (9) (am) 5. b.; and
to repeal
3and recreate 343.305 (4) of the statutes;
relating to: information provided to
4a person accused of operating a motor vehicle while under the influence of an
5intoxicant, controlled substance or other drug.
Analysis by the Legislative Reference Bureau
Under current law, if a person is stopped for allegedly driving or operating a
motor vehicle while under the influence of an intoxicant, controlled substance or
other drug, the law enforcement officer may request that the person provide samples
of his or her breath, blood or urine for the purpose of determining the presence of an
intoxicant, controlled substance or other drug. The law enforcement officer is
required, under current law, to orally inform the person of all of the following:
1. That he or she is considered to have consented to the tests.
2. That if testing is refused, certain penalties may result, including possible
immobilization, ignition interlock equipping or seizure of his or her vehicle.
3. If any of the tests are positive, that the person's operating privilege will be
suspended and additional penalties will be imposed, including possible
immobilization, ignition interlock equipping or seizure of his or her vehicle.
4. That he or she has the right to have additional tests made by a person of his
or her choosing.
5. If the person possesses a commercial motor vehicle license or if the incident
is related to driving a commercial motor vehicle, that certain additional penalties
will result from a positive test result.
The department of transportation has created an "Informing the Accused" form
for law enforcement officers to read to the alleged violator to ensure that all of the
requirements of current law are met.
This bill replaces the specific required information that the alleged violator
must be informed of with a requirement that the law enforcement officer read the
alleged violator a statement that tells him or her all of the following:
1. Why the breath, blood or urine test is being requested.
2. That if any test shows that the person had more alcohol in his or her system
than permitted, the person's operating privilege will be suspended.
3. That if the person refuses to take any requested test, his or her operating
privilege will be revoked.
4. That the person may request additional tests from the law enforcement
agency or from a person he or she selects.
5. That, if the person has a commercial driver license or was operating a
commercial motor vehicle at the time of the alleged violation, he or she may suffer
additional consequences from a positive test, including being placed out of service or
disqualified.
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:
AB467, s. 1
1Section
1. 343.305 (4) of the statutes is repealed and recreated to read:
AB467,2,42
343.305
(4) Information. At the time that a chemical test specimen is
3requested under sub. (3) (a) or (am), the law enforcement officer shall read the
4following to the person from whom the test specimen is requested:
AB467,2,8
5"You have either been arrested for an offense that involves driving or operating
6a motor vehicle while under the influence of alcohol or drugs, or both, or you are
7suspected of driving or being on duty time with respect to a commercial motor vehicle
8after consuming an intoxicating beverage.
AB467,3,59
This law enforcement agency now wants to test one or more samples of your
10breath, blood or urine to determine the concentration of alcohol or drugs in your
1system. If any test shows more alcohol in your system than the law permits while
2driving, your operating privilege will be suspended. If you refuse to take any test that
3this agency requests, your operating privilege will be revoked and you will be subject
4to other penalties. The test results or the fact that you refused testing can be used
5against you in court.
AB467,3,96
If you take all the requested tests, you may choose to take further tests. You
7may take the alternative test that this law enforcement agency provides free of
8charge. You also may have a test conducted by a qualified person of your choice at
9your expense. You, however, will have to make your own arrangements for that test.
AB467,3,1210
If you have a commercial driver license or were operating a commercial motor
11vehicle, other consequences may result from positive test results or from refusing
12testing, such as being placed out of service or disqualified."
AB467, s. 2
13Section
2. 343.305 (4m) of the statutes is repealed.
AB467, s. 3
14Section
3. 343.305 (8) (b) 2. b. of the statutes is amended to read:
AB467,3,1615
343.305
(8) (b) 2. b. Whether the person was informed of the options regarding
16tests under this section as required under sub. (4)
or under subs. (4) and (4m).
AB467, s. 4
17Section
4. 343.305 (9) (a) 2. of the statutes is amended to read:
AB467,3,1918
343.305
(9) (a) 2. That the officer complied with sub. (4)
or both subs. (4) and
19(4m).
AB467, s. 5
20Section
5. 343.305 (9) (a) 5. b. of the statutes is amended to read:
AB467,3,2221
343.305
(9) (a) 5. b. Whether the officer complied with sub. (4)
or both subs. (4)
22and (4m).
AB467, s. 6
23Section
6. 343.305 (9) (am) 2. of the statutes is amended to read:
AB467,3,2524
343.305
(9) (am) 2. That the officer complied with sub. (4)
or both subs. (4) and
25(4m).
AB467, s. 7
1Section
7. 343.305 (9) (am) 5. b. of the statutes is amended to read:
AB467,4,32
343.305
(9) (am) 5. b. Whether the officer complied with sub. (4)
or both subs.
3(4) and (4m).
AB467,4,65
(1) This act first applies to tests requested on the effective date of this
6subsection.
AB467,4,98
(1)
This act takes effect on the first day of the 4th month beginning after
9publication.
