SB75: Bill Text

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1997 - 1998 LEGISLATURE

1997 Senate BILL 75

February 12, 1997 - Introduced by Senators Adelman and Darling, cosponsored by Representatives Urban, Bock, Notestein, La Fave and L. Young. Referred to Committee on Judiciary, Campaign Finance Reform and Consumer Affairs.

SB75,1,10 An Act to repeal 340.01 (46m) (a), 340.01 (46m) (b), 885.235 (1) (a) 2., 885.235 (1) (b) and 885.235 (1) (cd); to renumber 885.235 (1) (a) 1.; to renumber and amend 340.01 (46m) (intro.); to amend 23.33 (4c) (a) 2., 23.33 (4c) (a) 3., 23.33 (4c) (b) 2., 23.33 (4c) (b) 4., 30.681 (1) (b) 1., 30.681 (2) (b) 1., 30.681 (2) (d) 1., 343.31 (1) (ar), 346.63 (2m), 346.63 (5) (a), 346.63 (6) (a), 350.101 (1) (b), 350.101 (1) (c), 350.101 (2) (b), 350.101 (2) (d), 885.235 (1) (c), 885.235 (1m), 940.09 (1) (bm), 940.09 (1g) (b), 940.25 (1) (bm), 949.08 (2) (em) and 967.055 (1) (b); and to create 23.33 (1) (jc), 30.50 (9f), 350.01 (10c) and 939.22 (26) of the statutes; relating to: lowering the prohibited alcohol concentration for certain offenses involving alcohol use.

Analysis by the Legislative Reference Bureau

Under present law, a person may not operate an all-terrain vehicle, motorboat or snowmobile if the person has 0.1 grams or more of alcohol in 100 milliliters of his or her blood or 0.1 grams or more of alcohol in 210 liters of his or her breath. A person who has one or no prior convictions of operating a motor vehicle while intoxicated (OWI) is subject to the same alcohol concentration standards. If the person has 2 or more prior OWI convictions, these standards change to 0.08 grams in his or her blood or breath.

This bill prohibits a person from operating any of those vehicles if the person has 0.08 grams or more of alcohol in 100 milliliters of his or her blood or in 210 liters of his or her breath. The bill similarly changes the applicable levels for other offenses involving intoxication, including the operation 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:

SB75, s. 1 Section 1. 23.33 (1) (jc) of the statutes is created to read:

SB75,2,3 23.33 (1) (jc) "Prohibited alcohol concentration" has the meaning given in s. 340.01 (46m).

SB75, s. 2 Section 2. 23.33 (4c) (a) 2. of the statutes is amended to read:

SB75,2,7 23.33 (4c) (a) 2. `Operating with alcohol concentrations at or above specified levels.' No person may engage in the operation of an all-terrain vehicle while the person has an a prohibited alcohol concentration of 0.1 or more.

SB75, s. 3 Section 3. 23.33 (4c) (a) 3. of the statutes is amended to read:

SB75,2,13 23.33 (4c) (a) 3. `Operating with alcohol concentrations at specified levels; 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 an alcohol concentration of more than 0.0 but not more than 0.1 the minimum prohibited alcohol concentration.

SB75, s. 4 Section 4. 23.33 (4c) (b) 2. of the statutes is amended to read:

SB75,2,17 23.33 (4c) (b) 2. `Causing injury with alcohol concentrations at or above specified levels.' No person who has an a prohibited alcohol concentration of 0.1 or more may cause injury to another person by the operation of an all-terrain vehicle.

SB75, s. 5 Section 5. 23.33 (4c) (b) 4. of the statutes is amended to read:

SB75,3,6 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 an a prohibited alcohol concentration of 0.1 or more.

SB75, s. 6 Section 6. 30.50 (9f) of the statutes is created to read:

SB75,3,9 30.50 (9f) "Prohibited alcohol concentration" has the meaning given in s. 340.01 (46m).

SB75, s. 7 Section 7. 30.681 (1) (b) 1. of the statutes is amended to read:

SB75,3,13 30.681 (1) (b) 1. No person may engage in the operation of a motorboat while the person has an a prohibited alcohol concentration of 0.1 or more. This subdivision does not apply to commercial motorboats.

SB75, s. 8 Section 8. 30.681 (2) (b) 1. of the statutes is amended to read:

SB75,3,17 30.681 (2) (b) 1. No person who has an a prohibited alcohol concentration of 0.1 or more may cause injury to another person by the operation of a motorboat. This subdivision does not apply to commercial motorboats.

SB75, s. 9 Section 9. 30.681 (2) (d) 1. of the statutes is amended to read:

SB75,3,24 30.681 (2) (d) 1. In an action under this subsection for a violation of the intoxicated boating law where the defendant was operating a motorboat that is not a commercial motorboat, 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 an a prohibited alcohol concentration of 0.1 or more.

SB75, s. 10 Section 10. 340.01 (46m) (intro.) of the statutes is renumbered 340.01 (46m) and amended to read:

SB75,4,4 340.01 (46m)  "Prohibited alcohol concentration" means one of the following: an alcohol concentration of 0.08 or more.

SB75, s. 11 Section 11. 340.01 (46m) (a) of the statutes is repealed.

SB75, s. 12 Section 12. 340.01 (46m) (b) of the statutes is repealed.

SB75, s. 13 Section 13. 343.31 (1) (ar) of the statutes is amended to read:

SB75,4,10 343.31 (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 the minimum prohibited alcohol concentration and which is criminal under s. 346.63 (6).

SB75, s. 14 Section 14. 346.63 (2m) of the statutes is amended to read:

SB75,4,19 346.63 (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 an alcohol concentration of more than 0.0 but not more than 0.1 the minimum prohibited alcohol concentration. One penalty for violation of this subsection 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 operating privilege under s. 343.305 (10) (em).

SB75, s. 15 Section 15. 346.63 (5) (a) of the statutes is amended to read:

SB75,4,23 346.63 (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 the minimum prohibited alcohol concentration.

SB75, s. 16 Section 16. 346.63 (6) (a) of the statutes is amended to read:

SB75,5,3 346.63 (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 the minimum prohibited alcohol concentration.

SB75, s. 17 Section 17. 350.01 (10c) of the statutes is created to read:

SB75,5,6 350.01 (10c) "Prohibited alcohol concentration" has the meaning given in s. 340.01 (46m).

SB75, s. 18 Section 18. 350.101 (1) (b) of the statutes is amended to read:

SB75,5,10 350.101 (1) (b) Operating with alcohol concentrations at or above specified levels. No person may engage in the operation of a snowmobile while the person has an a prohibited alcohol concentration of 0.1 or more.

SB75, s. 19 Section 19. 350.101 (1) (c) of the statutes is amended to read:

SB75,5,15 350.101 (1) (c) Operating with alcohol concentrations at specified levels; 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 an alcohol concentration of more than 0.0 but not more than 0.1 the minimum prohibited alcohol concentration.

SB75, s. 20 Section 20. 350.101 (2) (b) of the statutes is amended to read:

SB75,5,19 350.101 (2) (b) Causing injury with alcohol concentrations at or above specified levels. No person who has an a prohibited alcohol concentration of 0.1 or more may cause injury to another person by the operation of a snowmobile.