AB572,12,57 343.10 (5) (a) 3. If the applicant has 2 or more prior convictions, suspensions
8or revocations
any conviction, suspension or revocation, as counted under s. 343.307
9(1), within the previous 10-year period, the occupational license of the applicant may
10shall restrict the applicant's operation under the occupational license to vehicles that
11are equipped with a functioning ignition interlock device as provided under s. 346.65
12(6). The ignition interlock device restriction under this subdivision does not apply
13if an applicant has only one conviction, as counted under s. 343.307 (1), within the
14previous 10-year period, the conviction resulted from the person having an alcohol
15concentration of less than 0.18, as reported to the department under s. 343.305 (7)
16(a), and the applicant does not have any suspension or revocation as the result of the
17refusal to submit to chemical testing, as counted under s. 343.307 (1) (e) or (f), within
18the previous 10-year period.
A person to whom a restriction under this subdivision
19applies violates that restriction if he or she requests or permits another to blow into
20an ignition interlock device or to start a motor vehicle equipped with an ignition
21interlock device for the purpose of providing the person an operable motor vehicle
22without the necessity of first submitting a sample of his or her breath to analysis by
23the ignition interlock device. In addition to the penalties under sub. (8), if a person
24requests or permits another to blow into an ignition interlock device or to start a
25motor vehicle equipped with an ignition interlock device for the purpose of providing

1the person with an operable motor vehicle without the necessity of first submitting
2a sample of his or her breath to analysis by the ignition interlock device, the period
3of the ignition interlock device restriction shall be increased by the amount of time
4from the issuance of the restricted occupational license under this subdivision to the
5date of violation of the ignition interlock device restriction.
AB572, s. 23 6Section 23. 343.10 (5) (a) 4. of the statutes is created to read:
AB572,12,127 343.10 (5) (a) 4. If the department issues a person an occupational license
8under sub. (7) restricted to operating motor vehicles equipped with an ignition
9interlock device, the department shall inform the person of the ignition interlock
10program under s. 110.10 and that he or she is liable for the reasonable costs of
11equipping any motor vehicle that he or she operates with a functioning ignition
12interlock device.
AB572, s. 24 13Section 24. 343.10 (6) of the statutes is renumbered 343.10 (6) (a) and
14amended to read:
AB572,12,1715 343.10 (6) (a) No Except as provided in par. (b), no person may file an
16application for an occupational license under sub. (1) unless he or she first pays a fee
17of $40 to the department 59.25 (3) (m).
AB572, s. 25 18Section 25. 343.10 (6) (b) of the statutes is created to read:
AB572,12,2319 343.10 (6) (b) No person whose operating privilege is restricted to operating
20only vehicles equipped with an ignition interlock device may file an application for
21an occupational license under sub. (1) unless he or she first pays a fee of $70 to the
22department. Forty-three percent of the fees collected under this paragraph shall be
23credited to the appropriation account under s. 20.395 (5) (er).
AB572, s. 26 24Section 26. 343.10 (7) (cm) of the statutes is amended to read:
AB572,13,5
1343.10 (7) (cm) If the occupational license includes the restriction specified in
2sub. (5) (a) 3., the department shall not issue the occupational license until the
3applicant provides evidence satisfactory to the department that any a motor vehicle
4that the applicant will be permitted to operate has been equipped with a functioning
5ignition interlock device obtained from a service provider under s. 110.10.
AB572, s. 27 6Section 27. 343.10 (8) (a) (intro.) of the statutes is amended to read:
AB572,13,97 343.10 (8) (a) (intro.) Any Except as provided under par. (ai), any person who
8violates any restriction of an occupational license, in addition to the immediate
9revocation of the license:
AB572, s. 28 10Section 28. 343.10 (8) (ai) of the statutes is created to read:
AB572,13,1311 343.10 (8) (ai) Any person who violates an occupational license restriction that
12requires him or her to only operate vehicles that are equipped with an ignition
13interlock device:
AB572,13,1514 1. Shall forfeit not less than $150 nor more than $600, except as provided in
15subd. 2.
AB572,13,1816 2. Shall be fined not less than $300 nor more than $1,000 and shall be
17imprisoned not more than 6 months, if the number of convictions under this section
18equals 2 or more in a 5-year period.
AB572, s. 29 19Section 29. 343.10 (8) (b) of the statutes is amended to read:
AB572,13,2120 343.10 (8) (b) The 5-year period under par. (a) 2. or (ai) 2. shall be measured
21from the dates of the violations which resulted in the convictions.
AB572, s. 30 22Section 30. 343.18 (3) (b) of the statutes is amended to read:
AB572,14,223 343.18 (3) (b) If the special restrictions card is part of an occupational license
24issued under s. 343.10, any person who violates sub. (1) is subject to the penalties

1provided in s. 343.10 (8) (a) and the person's operating privilege shall be revoked
2under s. 343.31 (3) (h).
AB572, s. 31 3Section 31. 343.21 (1) (j) of the statutes is renumbered 343.21 (1) (j) 1. and
4amended to read:
AB572,14,65 343.21 (1) (j) 1. For Except as provided in subd. 2., for reinstatement of an
6operating privilege previously revoked or suspended, $50.
AB572, s. 32 7Section 32. 343.21 (1) (j) 2. of the statutes is created to read:
AB572,14,138 343.21 (1) (j) 2. For reinstatement of an operating privilege previously revoked
9or suspended, $80 if the person's operating privilege is restricted under s. 343.38 (5)
10to operating vehicles equipped with an ignition interlock device and the person has
11not paid a fee under s. 343.10 (6) (b) within the past 2 years. Thirty-eight percent
12of the fees collected under this subdivision shall be credited to the appropriation
13under s. 20.395 (5) (er).
AB572, s. 33 14Section 33. 343.30 (1q) (b) 2. of the statutes is amended to read:
AB572,14,2415 343.30 (1q) (b) 2. Except as provided in subd. 3., 4. or 4m., for the first
16conviction, the court shall suspend the person's operating privilege for not less than
176 months nor more than 9 months. If the person's conviction resulted from the person
18having an alcohol concentration of 0.18 or more, or if the court determines that an
19ignition interlock device restriction is needed to ensure public safety, the court shall
20order that, for the first 6 months that the person is authorized to operate a motor
21vehicle after his or her conviction, either with an occupational license or a regular
22license, the person be restricted to operating a motor vehicle equipped with an
23ignition interlock device.
The person is eligible for an occupational license under s.
24343.10 at any time.
AB572, s. 34 25Section 34. 343.30 (1q) (b) 3. of the statutes is amended to read:
AB572,15,10
1343.30 (1q) (b) 3. Except as provided in subd. 4m., if the number of convictions,
2suspensions and revocations within a 5-year period equals 2, the court shall revoke
3the person's operating privilege for not less than one year nor more than 18 months
4and the court shall order that, for the first 2 years that the person is authorized to
5operate a motor vehicle after his or her conviction, either with an occupational
6license or a regular license, the person be restricted to operating a motor vehicle
7equipped with an ignition interlock device
. After the first 60 days of the revocation
8period, the person is eligible for an occupational license under s. 343.10 if he or she
9has completed the assessment and is complying with the driver safety plan ordered
10under par. (c).
AB572, s. 35 11Section 35. 343.30 (1q) (b) 4. of the statutes is amended to read:
AB572,15,2112 343.30 (1q) (b) 4. Except as provided in subd. 4m., if the number of convictions,
13suspensions and revocations within a 10-year period equals 3 or more, the court
14shall revoke the person's operating privilege for not less than 2 years nor more than
153 years and the court shall order that, for the first 2 years that the person is
16authorized to operate a motor vehicle after his or her conviction, either with an
17occupational license or a regular license, the person be restricted to operating a
18motor vehicle equipped with an ignition interlock device
. After the first 90 days of
19the revocation period, the person is eligible for an occupational license under s.
20343.10 if he or she has completed the assessment and is complying with the driver
21safety plan ordered under par. (c).
AB572, s. 36 22Section 36. 343.30 (4) of the statutes is amended to read:
AB572,16,723 343.30 (4) Whenever a court or judge suspends or revokes an operating
24privilege under this section, the court or judge shall immediately take possession of
25any suspended or revoked license and shall forward it as provided in s. 345.48 to the

1department together with the record of conviction and notice of suspension or
2revocation. If a person is convicted under s. 346.63 (1) or a local ordinance in
3conformity therewith or is convicted under s. 346.63 (2) or 940.25, or s. 940.09 where
4the offense involved the use of a vehicle, the record of conviction shall include the
5convicted person's alcohol concentration, if known.
Whenever a court or judge
6restricts the operating privilege of a person, the court or judge shall forward notice
7of the restriction to the department.
AB572, s. 37 8Section 37. 343.305 (4) (b) of the statutes is amended to read:
AB572,16,159 343.305 (4) (b) If testing is refused, a motor vehicle owned by the person may
10be immobilized, seized and forfeited or equipped with an ignition interlock device if
11the person has 2 or more prior suspensions, revocations or convictions within a
1210-year period that would be counted under s. 343.307 (1) and, the person's
13operating privilege will be revoked under this section and the person will be
14restricted to operating a motor vehicle equipped with an ignition interlock device for
15a period after his or her operating privilege is reinstated
;
AB572, s. 38 16Section 38. 343.305 (4) (c) of the statutes is amended to read:
AB572,16,2517 343.305 (4) (c) If one or more tests are taken and the results of any test indicate
18that the person has a prohibited alcohol concentration and was driving or operating
19a motor vehicle, the person will be subject to penalties, the person's operating
20privilege will be suspended under this section, the person will be restricted to
21operating a motor vehicle equipped with an ignition interlock device for a period after
22his or her operating privilege is reinstated
and a motor vehicle owned by the person
23may be immobilized, seized and forfeited or equipped with an ignition interlock
24device if the person has 2 or more prior convictions, suspensions or revocations
25within a 10-year period that would be counted under s. 343.307 (1); and
AB572, s. 39
1Section 39. 343.305 (10) (b) 2. of the statutes is amended to read:
AB572,17,82 343.305 (10) (b) 2. Except as provided in subd. 3., 4. or 4m., for the first
3improper refusal, the court shall revoke the person's operating privilege for one year
4and the court shall order that, for the first 6 months that the person is authorized
5to operate a motor vehicle after his or her conviction, either with an occupational
6license or a regular license, the person be restricted to operating a motor vehicle
7equipped with an ignition interlock device
. After the first 30 days of the revocation
8period, the person is eligible for an occupational license under s. 343.10.
AB572, s. 40 9Section 40. 343.305 (10) (b) 3. of the statutes is amended to read:
AB572,17,1810 343.305 (10) (b) 3. Except as provided in subd. 4m., if the number of convictions,
11suspensions and revocations in a 5-year period equals 2, the court shall revoke the
12person's operating privilege for 2 years and the court shall order that, for the first 2
13years that the person is authorized to operate a motor vehicle after his or her
14conviction, either with an occupational license or a regular license, the person be
15restricted to operating a motor vehicle equipped with an ignition interlock device
.
16After the first 90 60 days of the revocation period, the person is eligible for an
17occupational license under s. 343.10 if he or she has completed the assessment and
18is complying with the driver safety plan.
AB572, s. 41 19Section 41. 343.305 (10) (b) 4. of the statutes is amended to read:
AB572,18,320 343.305 (10) (b) 4. Except as provided in subd. 4m., if the number of convictions,
21suspensions and revocations in a 10-year period equals 3 or more, the court shall
22revoke the person's operating privilege for 3 years and the court shall order that, for
23the first 2 years that the person is authorized to operate a motor vehicle after his or
24her conviction, either with an occupational license or a regular license, the person
25be restricted to operating a motor vehicle equipped with an ignition interlock device
.

1After the first 120 90 days of the revocation period, the person is eligible for an
2occupational license under s. 343.10 if he or she has completed the assessment and
3is complying with the driver safety plan.
AB572, s. 42 4Section 42. 343.31 (3) (h) of the statutes is amended to read:
AB572,18,65 343.31 (3) (h) Any person subject to s. 343.10 (8) (a) shall have his or her
6operating privilege revoked for 6 months.
AB572, s. 43 7Section 43. 343.38 (5) of the statutes is amended to read:
AB572,18,148 343.38 (5) Restrictions on license. If a court has ordered that the person's
9operating privilege be restricted for a period of time after the revocation period is
10completed to operating vehicles equipped with an ignition interlock device, the
11license issued under this section shall include that restriction. The department may
12not issue the license until a service provider under s. 110.10 provides evidence
13satisfactory to the department that the motor vehicle that the applicant will be
14permitted to operate has been equipped with an ignition interlock device.
AB572, s. 44 15Section 44. 343.39 (3) of the statutes is amended to read:
AB572,18,2216 343.39 (3) If a court has ordered that the person's operating privilege be
17restricted for a period of time after the suspension period is completed to operating
18vehicles equipped with an ignition interlock device, the license shall include that
19restriction. The department may not issue the license until a service provider under
20s. 110.10 provides evidence satisfactory to the department that the motor vehicle
21that the applicant will be permitted to operate has been equipped with an ignition
22interlock device.
AB572, s. 45 23Section 45. 346.65 (6) (a) 1. of the statutes is renumbered 346.65 (6) (a) 1.
24(intro.) and amended to read:
AB572,19,7
1346.65 (6) (a) 1. (intro.) Except as provided in this paragraph, the court may
2order a law enforcement officer to seize a motor vehicle, or, if the motor vehicle is not
3ordered seized,
shall order a law enforcement officer the owner of a motor vehicle to
4equip the motor vehicle with an ignition interlock device or under s. 110.10 or order
5a law enforcement officer to
immobilize any motor vehicle owned by the person whose
6if the owner has 2 suspensions, revocations or convictions within a 10-year period,
7as counted under s. 343.307 (1), and the owner:
AB572,19,9 8a. Has had his or her operating privilege is revoked under s. 343.305 (10) or
9who
.
AB572,19,14 10b. Has committed a violation of s. 346.63 (1) (a) or (b) or (2) (a) 1. or 2., 940.09
11(1) (a) or (b) or 940.25 (1) (a) or (b) if the person whose operating privilege is revoked
12under s. 343.305 (10) or who is convicted of the violation has 2 prior suspensions,
13revocations or convictions within a 10-year period that would be counted under s.
14343.307 (1)
.
AB572,19,17 151m. The court shall not order a motor vehicle equipped with an ignition
16interlock device or immobilized if that order would result in undue hardship or
17extreme inconvenience
or would endanger the health and safety of a person.
AB572, s. 46 18Section 46. 346.65 (6) (a) 1r. of the statutes is created to read:
AB572,19,2419 346.65 (6) (a) 1r. When ordering a person to equip a motor vehicle with an
20ignition interlock device under subd. 1., the court may consider the person's ability
21to pay for the cost of complying with the order. If the court determines that the person
22is unable to pay the full cost of complying with the order, the court may reduce the
23amount of the fine imposed, but may not reduce the fine imposed below the minimum
24fine specified for the violation.
AB572, s. 47 25Section 47. 346.65 (6) (d) of the statutes is amended to read:
AB572,20,16
1346.65 (6) (d) At the hearing set under par. (c), the state has the burden of
2proving to a reasonable certainty by the greater weight of the credible evidence that
3the motor vehicle is a motor vehicle owned by a person who committed a violation of
4s. 346.63 (1) (a) or (b) or (2) (a) 1. or 2., 940.09 (1) (a) or (b) or 940.25 (1) (a) or (b) and,
5if the seizure is under par. (a) 1., that the person had 2 prior convictions, suspensions
6or revocations within a 10-year period as counted under s. 343.307 (1) or,
if the
7seizure is under par. (a) 2., that the owner had 3 or more prior convictions,
8suspensions or revocations within a 10-year period as counted under s. 343.307 (1).
9If the owner of the motor vehicle proves by a preponderance of the evidence that he
10or she was not convicted of a violation of s. 346.63 (1) (a) or (b) or (2) (a) 1. or 2., 940.09
11(1) (a) or (b) or 940.25 (1) (a) or (b), or, if the seizure is under par. (a) 1., that he or she
12did not have 2 prior convictions, suspensions or revocations within a 10-year period
13as counted under s. 343.307 (1) or,
if the seizure is under par. (a) 2., that he or she
14did not have
3 or more prior convictions, suspensions or revocations within a 10-year
15period as counted under s. 343.307 (1), the motor vehicle shall be returned to the
16owner upon the payment of storage costs.
AB572, s. 48 17Section 48. 347.413 (1) of the statutes is amended to read:
AB572,21,518 347.413 (1) No person may remove, disconnect, tamper with or otherwise
19circumvent the operation of, or violate any requirement established by the
20department regarding,
an ignition interlock device installed in response to the court
21order under s. ss. 343.30 (1q) (b) 2., 3. and 4., 343.305 (10) (b) 2., 3. and 4. and 346.65
22(6). This subsection does not apply to the removal of an ignition interlock device upon
23the expiration of the order requiring the motor vehicle to be so equipped or, to make
24necessary repairs to a malfunctioning ignition interlock device by a person
25authorized by the department or as the result of the person defaulting on any

1agreement with a service provider, as defined in s. 110.10 (1) (b). No person may aid
2or allow any other person to operate a motor vehicle without a functioning ignition
3interlock device if that other person has been restricted to operating a motor vehicle
4equipped with an ignition interlock device under ss. 343.30 (1q) (b) 2., 3. and 4.,
5343.305 (10) (b) 2., 3. and 4. and 346.65 (6)
.
AB572, s. 49 6Section 49. 347.413 (3) of the statutes is amended to read:
AB572,21,117 347.413 (3) The department shall design a warning label which shall be affixed
8to each ignition interlock device upon installation. The label shall provide notice of
9the penalties for tampering with or circumventing the operation of the ignition
10interlock device under sub. (1) and s. ss. 343.10 (5) (a) 3. and 4., 343.30 (1q) (b) 2., 3.
11and 4. and 343.305 (10) (b) 2., 3. and 4
.
AB572, s. 50 12Section 50. 347.50 (1t) of the statutes is created to read:
AB572,21,1813 347.50 (1t) If the department determines that a person restricted to operating
14a motor vehicle equipped with an ignition interlock device has violated s. 347.413 (1),
15the department shall increase the period of the ignition interlock device restriction
16on the person's operating privilege by the amount of time from the issuance of the
17ignition interlock device restriction on his or her operating privilege to the date of the
18tampering.
AB572, s. 51 19Section 51. Nonstatutory provisions.
AB572,21,2520 (1) Ignition interlock device program. On the effective date of this subsection,
21the authorized FTE positions for the department of transportation are increased by
221.5 SEG positions, to be funded from the appropriation under section 20.395 (5) (er)
23of the statutes, as created by this act, for the purpose of developing and
24administering the ignition interlock device program under section 110.10 of the
25statutes, as created by this act.
AB572, s. 52
1Section 52 . Initial applicability.
AB572,22,92 (1) Ignition interlock device program. The treatment of sections 16.75 (1) (a)
31., 340.01 (23v), 343.10 (2) (a) 1. and (e), (5) (a) 1., 3. and 4. and (7) (cm), 343.30 (1q)
4(b) 2., 3. and 4. and (4), 343.305 (4) (b) and (c) and (10) (b) 2., 3. and 4., 343.31 (3) (h),
5343.38 (5), 343.39 (3), 347.413 (1) and (3) and 347.50 (1t) of the statutes first applies
6to offenses committed on the effective date of this subsection, but does not preclude
7the counting of other offenses as prior offenses for purposes of administrative action
8by the department of transportation, sentencing by a court or suspending or revoking
9a person's operating privilege.
AB572, s. 53 10Section 53. Effective dates.
AB572,22,1611 (1) Ignition interlock device program. The treatment of sections 16.75 (1) (a)
121., 340.01 (23v), 343.10 (2) (a) 1. and (e), (5) (a) 1., 3. and 4., (7) (cm) and (8) (a) (intro.),
13(ai) and (b), 343.30 (1q) (b) 2., 3. and 4. and (4), 343.305 (4) (b) and (c) and (10) (b) 2.,
143. and 4., 343.31 (3) (h), 343.38 (5), 343.39 (3), 347.413 (1) and (3) and 347.50 (1t) of
15the statutes and Section 52 (1) of this act take effect on the first day of the 9th month
16beginning after publication.
AB572,22,1717 (End)
Loading...
Loading...