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)
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