SB125: Bill Text Engrossed

Engrossed 1999 Senate BILL 125

March 14, 2000 - Printed by direction of Senate Chief Clerk.

SB125-engrossed,2,13 An Act to repeal 343.30 (1q) (b) 5., 343.305 (10) (b) 5., 343.31 (3) (bm) 5., 346.65 (6) (a) 2., 346.65 (6) (m) and 347.413 (2); to renumber and amend 940.09 (1d) and 940.25 (1d); to amend 20.435 (6) (hx), 125.07 (4) (bs) 2., 125.07 (4) (bs) 3. and 4., 125.07 (4) (c) 2., 125.07 (4) (c) 3. and 4., 125.07 (4) (e) 2. (intro.), 340.01 (46m) (b), 342.12 (4) (a), 342.12 (4) (b), 342.12 (4) (c) 1. (intro.), 343.10 (5) (a) 3., 343.23 (2) (b), 343.30 (1q) (b) 3., 343.30 (6) (b) (intro.), 343.305 (10) (b) 3., 343.305 (10m), 343.31 (3) (bm) 3., 346.63 (2m), 346.65 (2) (b), 346.65 (2) (c), 346.65 (2) (d), 346.65 (2) (e), 346.65 (2c), 346.65 (2e), 346.65 (2g) (a), 346.65 (2g) (b), 346.65 (2g) (c), 346.65 (2j) (b), 346.65 (2w), 346.65 (6) (a) 1., 346.65 (6) (a) 1., 346.65 (6) (a) 2m., 346.65 (6) (a) 3., 346.65 (6) (b), 346.65 (6) (c), 346.65 (6) (d), 346.65 (6) (f), 346.65 (6) (k), 346.65 (6) (km), 346.655 (1), 346.655 (2) (a), 346.655 (2) (b), 346.95 (2), 347.413 (1), 347.417 (1), 347.417 (2), 800.03 (4), 938.344 (2) (b), 938.344 (2) (c), 938.344 (2b) (b) and 938.344 (2b) (c); and to create 20.395 (5) (ek), 51.30 (4) (b) 25., 85.55, 110.10, 303.065 (2m), 303.08 (1) (cg), 303.08 (1) (cm), 303.08 (10m), 340.01 (46m) (c), 343.301, 346.65 (2) (g), 346.65 (2g) (ag), 346.93 (2f), 346.93 (2g), 940.09 (1d) (a) and 940.25 (1d) (a) of the statutes; relating to: operating a motor vehicle while under the influence of an intoxicant or drugs, or both; immobilization of, installation of an ignition interlock device on or seizure of motor vehicles for offenses related to driving while under the influence of an intoxicant; absolute sobriety for repeat drunken drivers; restrictions on prisoner release from jail or prison; creating a safe-ride grant program; creating an ignition interlock device program; counting drunk driving offenses; pretrial intoxicated driver intervention grants; requiring a report on incarceration alternatives and ignition interlock devices; certain alcohol beverage offenses committed by persons under the legal drinking age; granting rule-making authority; making appropriations; and providing penalties.

Analysis by the Legislative Reference Bureau

Engrossment information:

The text of Engrossed 1999 Senate Bill 125 consists of the following documents adopted in the senate on March 14, 2000: Senate Substitute Amendment 1, as affected by the following Senate Amendments: Senate Amendment 1, Senate Amendment 2, Senate Amendment 3, Senate Amendment 4 and Senate Amendment 5. The text also includes the March 15, 2000, chief clerk's correction to Senate Substitute Amendment 1 and the March 21, 2000, chief clerk's correction to that substitute amendment.

Certain of these amendments affect the same text. In this bill, the amendments are reconciled as follows:

1. Senate Amendment 1 and Senate Amendment 2 affect Section 90 (2) of the bill, dealing with the initial applicability. This bill reflects the effect of both of those amendments.

2. Senate Amendment 1, Senate Amendment 2 and Senate Amendment 4 affect Section 90 (3) of the bill, dealing with the initial applicability. This bill reflects the effect of all of those amendments.

3. Senate Amendment 1, Senate Amendment 2 and Senate Amendment 4 affect Section 91 (2) of the bill, dealing with the effective date. This bill reflects the effect of all of those amendments.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

SB125-engrossed, s. 1 Section 1. 20.395 (5) (ek) of the statutes is created to read:

SB125-engrossed,3,4 20.395 (5) (ek) Safe-ride grant program; state funds. From the general fund, all moneys transferred from the appropriation account under s. 20.435 (6) (hx) for the purpose of awarding grants under s. 85.55.

SB125-engrossed, s. 2 Section 2. 20.435 (6) (hx) of the statutes, as affected by 1999 Wisconsin Act 9, is amended to read:

SB125-engrossed,3,19 20.435 (6) (hx) Services related to drivers, receipts. The amounts in the schedule for services related to drivers. All moneys received by the state treasurer from the driver improvement surcharge on court fines and forfeitures authorized under s. 346.655 and all moneys transferred from the appropriation account under s. 20.395 (5) (di) shall be credited to this appropriation. The secretary of administration shall annually transfer to the appropriation account under s. 20.395 (5) (ek) 3.76% of all moneys credited to this appropriation from the driver improvement surcharge. Any unencumbered moneys in this appropriation account may be transferred to sub. (7) (hy) and ss. 20.255 (1) (hm), 20.285 (1) (ia), 20.395 (5) (ci) and (di) and 20.455 (5) (h) by the secretary of administration after consultation with the secretaries of health and family services and transportation, the superintendent of public instruction, the attorney general and the president of the university of Wisconsin system.

SB125-engrossed, s. 3 Section 3. 51.30 (4) (b) 25. of the statutes is created to read:

SB125-engrossed,4,3 51.30 (4) (b) 25. To the department of corrections or to a sheriff, to determine if a person incarcerated is complying with the assessment or the driver safety plan ordered under s. 343.30 (1q) (c).

SB125-engrossed, s. 4 Section 4. 85.55 of the statutes is created to read:

SB125-engrossed,4,14 85.55 Safe-ride grant program. The department may award grants to any county or municipality or to any nonprofit corporation, as defined in s. 46.93 (1m) (c), to cover the costs of transporting persons suspected of having a prohibited alcohol concentration, as defined in s. 340.01 (46m), from any premises licensed under ch. 125 to sell alcohol beverages to their places of residence. The amount of a grant under this section may not exceed 50% of the costs necessary to provide the service. The liability of a provider of a safe-ride program to persons transported under the program is limited to the amounts required for an automobile liability policy under s. 344.15 (1). Grants awarded under this section shall be paid from the appropriation under s. 20.395 (5) (ek).

SB125-engrossed, s. 6 Section 6. 110.10 of the statutes is created to read:

SB125-engrossed,4,19 110.10 Ignition interlock device program. The department shall promulgate rules providing for the implementation of an ignition interlock device program that will be conveniently available to persons throughout this state. The rules shall include provisions regarding all of following:

SB125-engrossed,4,21 (1) The selection of persons to install, service and remove ignition interlock devices from motor vehicles.

SB125-engrossed,4,23 (2) The periodic review of the fees charged to the owner of a vehicle for the installation, service and removal of an ignition interlock device.

SB125-engrossed,4,25 (3) Requiring ignition interlock device providers operating in this state to establish pilot programs involving the voluntary use of ignition interlock devices.

SB125-engrossed,5,3 (4) Requiring ignition interlock device providers operating in this state to provide the department and law enforcement agencies designated by the department with installation, service, tampering and failure reports in a timely manner.

SB125-engrossed,5,9 (5) Requiring ignition interlock device providers to notify the department of any ignition interlock device tampering, circumvention, bypass or violation resets, including all relevant data recorded in the device's memory. Upon receiving notice described in this subsection, the department shall immediately provide the notice and data to the assessment agency that is administering the violator's driver safety plan.

SB125-engrossed, s. 7 Section 7. 125.07 (4) (bs) 2. of the statutes is amended to read:

SB125-engrossed,5,18 125.07 (4) (bs) 2. For a violation committed within 12 months of a one previous violation, either a forfeiture of not less than $300 nor more than $500, suspension of the person's operating privilege as provided under s. 343.30 (6) (b) 2., participation in a supervised work program or other community service work under par. (cg) or any combination of these penalties. In addition, the person's operating privilege may be suspended as provided under s. 343.30 (6) (b) 2., except that if the violation of par. (a) involved a motor vehicle the person's operating privilege shall be suspended as provided under s. 343.30 (6) (b) 2.

SB125-engrossed, s. 8 Section 8. 125.07 (4) (bs) 3. and 4. of the statutes, as affected by 1997 Wisconsin Act 84, are amended to read:

SB125-engrossed,6,3 125.07 (4) (bs) 3. For a violation committed within 12 months of 2 previous violations, either a forfeiture of not less than $500 nor more than $750, suspension of the person's operating privilege under s. 343.30 (6) (b) 3., participation in a supervised work program or other community service work under par. (cg) or any combination of these penalties. In addition, the person's operating privilege may be suspended as provided under s. 343.30 (6) (b) 3., except that if the violation of par. (a) involved a motor vehicle the person's operating privilege shall be suspended as provided under s. 343.30 (6) (b) 3.

SB125-engrossed,6,11 4. For a violation committed within 12 months of 3 or more previous violations, either a forfeiture of not less than $750 nor more than $1,000, suspension of the person's operating privilege under s. 343.30 (6) (b) 3., participation in a supervised work program or other community service work under par. (cg) or any combination of these penalties. In addition, the person's operating privilege may be suspended as provided under s. 343.30 (6) (b) 3., except that if the violation of par. (a) involved a motor vehicle the person's operating privilege shall be suspended as provided under s. 343.30 (6) (b) 3.

SB125-engrossed, s. 9 Section 9. 125.07 (4) (c) 2. of the statutes is amended to read:

SB125-engrossed,6,20 125.07 (4) (c) 2. For a violation committed within 12 months of a one previous violation, either a forfeiture of not less than $200 nor more than $300, suspension of the person's operating privilege as provided under s. 343.30 (6) (b) 2., participation in a supervised work program or other community service work under par. (cg) or any combination of these penalties. In addition, the person's operating privilege may be suspended as provided under s. 343.30 (6) (b) 2., except that if the violation of par. (b) involved a motor vehicle the person's operating privilege shall be suspended as provided under s. 343.30 (6) (b) 2.

SB125-engrossed, s. 10 Section 10. 125.07 (4) (c) 3. and 4. of the statutes, as affected by 1997 Wisconsin Act 84, are amended to read:

SB125-engrossed,7,5 125.07 (4) (c) 3. For a violation committed within 12 months of 2 previous violations, either a forfeiture of not less than $300 nor more than $500, suspension of the person's operating privilege under s. 343.30 (6) (b) 3., participation in a supervised work program or other community service work under par. (cg) or any combination of these penalties. In addition, the person's operating privilege may be suspended as provided under s. 343.30 (6) (b) 3., except that if the violation of par. (b) involved a motor vehicle the person's operating privilege shall be suspended as provided under s. 343.30 (6) (b) 3.

SB125-engrossed,7,13 4. For a violation committed within 12 months of 3 or more previous violations, either a forfeiture of not less than $500 nor more than $1,000, suspension of the person's operating privilege under s. 343.30 (6) (b) 3., participation in a supervised work program or other community service work under par. (cg) or any combination of these penalties. In addition, the person's operating privilege may be suspended as provided under s. 343.30 (6) (b) 3., except that if the violation of par. (b) involved a motor vehicle the person's operating privilege shall be suspended as provided under s. 343.30 (6) (b) 3.

SB125-engrossed, s. 11 Section 11. 125.07 (4) (e) 2. (intro.) of the statutes is amended to read:

SB125-engrossed,7,20 125.07 (4) (e) 2. (intro.) After ordering a penalty under par. (bs) or (c), the court, with the agreement of the defendant, may enter an additional order staying the execution of the penalty order and suspending or modifying the penalty imposed, except that the court may not stay, suspend or modify the suspension of a person's operating privilege required under par. (bs) or (c). The order under this subdivision shall require the defendant to do any of the following:

SB125-engrossed, s. 13 Section 13. 303.065 (2m) of the statutes is created to read:

SB125-engrossed,8,3 303.065 (2m) The department may not grant work release privileges to a prisoner who is imprisoned for a violation of s. 346.63 (1), (2), (5) or (6) and who fails to obtain the assessment or to comply with the driver safety plan ordered under s. 343.30 (1q) (c) related to the violation for which he or she was imprisoned. This subsection does not apply if the prisoner does not have sufficient funds to make any payments necessary to obtain the assessment or to comply with the driver safety plan.

SB125-engrossed, s. 14 Section 14. 303.08 (1) (cg) of the statutes is created to read:

SB125-engrossed,8,6 303.08 (1) (cg) Attendance at an assessment ordered by a court under s. 343.30 (1q) (c);

SB125-engrossed, s. 15 Section 15. 303.08 (1) (cm) of the statutes is created to read:

SB125-engrossed,8,9 303.08 (1) (cm) Attendance at a treatment program required by a driver safety plan under s. 343.30 (1q) (c);

SB125-engrossed, s. 16 Section 16. 303.08 (10m) of the statutes is created to read:

SB125-engrossed,8,16 303.08 (10m) The sheriff may not permit a prisoner who is imprisoned for a violation of s. 346.63 (1), (2), (5) or (6) to leave the jail under sub. (1) if the prisoner fails to obtain the assessment or to comply with the driver safety plan ordered under s. 343.30 (1q) (c). This subsection does not apply if the prisoner does not have sufficient funds to make any payments necessary to obtain the assessment or to comply with the driver safety plan.

SB125-engrossed, s. 16d Section 16d. 340.01 (46m) (b) of the statutes is amended to read:

SB125-engrossed,8,19 340.01 (46m) (b) If the person has 2 or more prior convictions, suspensions or revocations, as counted under s. 343.307 (1), an alcohol concentration of 0.08 or more.

SB125-engrossed, s. 16e Section 16e. 340.01 (46m) (c) of the statutes is created to read:

SB125-engrossed,8,23 340.01 (46m) (c) If the person has 3 or more prior convictions, suspensions or revocations, as counted under s. 343.307 (1), an alcohol concentration of more than 0.02.

SB125-engrossed, s. 16m Section 16m. 342.12 (4) (a) of the statutes is amended to read:

SB125-engrossed,9,9 342.12 (4) (a) The district attorney shall notify the department when he or she files a criminal complaint against a person who has been arrested for violating s. 346.63 (1) or (2), 940.09 (1) or 940.25 and who has 2 3 or more prior convictions, suspensions or revocations, as counted under s. 343.307 (1). Except as provided under par. (c), the department may not issue a certificate of title transferring ownership of any the motor vehicle owned by the person and involved in the violation upon receipt of a notice under this subsection until the court assigned to hear the criminal complaint issues an order permitting the department to issue a certificate of title.

SB125-engrossed, s. 16p Section 16p. 342.12 (4) (b) of the statutes is amended to read:

SB125-engrossed,9,17 342.12 (4) (b) Except as provided under par. (c), the department may not issue a certificate of title transferring ownership of any the motor vehicle owned by a person and involved in the violation upon receipt of a notice of intent to revoke the person's operating privilege under s. 343.305 (9) (a), if the person has 2 3 or more prior convictions, suspensions or revocations, as counted under s. 343.307 (1), until the court assigned to the hearing under s. 343.305 (9) issues an order permitting the department to issue a certificate of title.

SB125-engrossed, s. 16r Section 16r. 342.12 (4) (c) 1. (intro.) of the statutes is amended to read:

SB125-engrossed,9,25 342.12 (4) (c) 1. (intro.) The department shall issue a certificate of title transferring ownership of a motor vehicle that was owned by a person who has received a notice of intent to revoke the person's operating privilege under s. 343.305 (9) (a) or has been arrested for violating s. 346.63 (1) or (2), 940.09 (1) or 940.25 and who has 2 or more prior convictions, suspensions or revocations, as counted under s. 343.307 (1), subject to the restrictions under par. (a) or (b) if all of the following conditions are met:

SB125-engrossed, s. 17 Section 17. 343.10 (5) (a) 3. of the statutes is amended to read:

SB125-engrossed,10,15 343.10 (5) (a) 3. If the applicant has 2 or more prior convictions, suspensions or revocations, as counted under s. 343.307 (1), the occupational license of the applicant shall restrict the applicant's operation under the occupational license to vehicles that are equipped with a functioning ignition interlock device if the court has ordered under s. 346.65 (6) (a) 1., 1997 stats., that a motor vehicle owned by the person be equipped with an ignition interlock device. A person to whom a restriction under this subdivision applies violates that restriction if he or she requests or permits another to blow into an ignition interlock device or to start a motor vehicle equipped with an ignition interlock device for the purpose of providing the person an operable motor vehicle without the necessity of first submitting a sample of his or her breath to analysis by the ignition interlock device. If the occupational license restricts the applicant's operation to a vehicle that is equipped with an ignition interlock device, the applicant shall be liable for the reasonable costs of equipping the vehicle with the ignition interlock device.

SB125-engrossed, s. 19 Section 19. 343.23 (2) (b) of the statutes is amended to read:

SB125-engrossed,11,10 343.23 (2) (b) The information specified in par. (a) must be filed by the department so that the complete operator's record is available for the use of the secretary in determining whether operating privileges of such person shall be suspended, revoked, canceled or withheld in the interest of public safety. The record of suspensions, revocations and convictions that would be counted under s. 343.307 (2) shall be maintained for 10 years, except that if there are 2 or more suspensions, revocations or convictions within any 10-year period, the record shall be maintained permanently. The record of convictions for disqualifying offenses under s. 343.315 (2) (h) shall be maintained for at least 10 years. The record of convictions for disqualifying offenses under s. 343.315 (2) (f) shall be maintained for at least 3 years. The record of convictions for disqualifying offenses under s. 343.315 (2) (a) to (e) shall be maintained permanently, except that 5 years after a licensee transfers residency to another state such record may be transferred to another state of licensure of the licensee if that state accepts responsibility for maintaining a permanent record of convictions for disqualifying offenses. Such reports and records may be cumulative beyond the period for which a license is granted, but the secretary, in exercising the power of suspension or revocation granted under s. 343.32 (2) may consider only those reports and records entered during the 4-year period immediately preceding the exercise of such power of suspension or revocation.

SB125-engrossed, s. 22 Section 22. 343.30 (1q) (b) 3. of the statutes is amended to read:

SB125-engrossed,11,19 343.30 (1q) (b) 3. Except as provided in subd. 4m., if the number of convictions under ss. 940.09 (1) and 940.25 in the person's lifetime, plus the total number of other convictions, suspensions and revocations counted under s. 343.307 (1) within a 10-year period, equals 2, the court shall revoke the person's operating privilege for not less than one year nor more than 18 months. After the first 60 days of the revocation period, the person is eligible for an occupational license under s. 343.10 if he or she has completed the assessment and is complying with the driver safety plan ordered under par. (c).

SB125-engrossed, s. 23 Section 23. 343.30 (1q) (b) 5. of the statutes is repealed.

SB125-engrossed, s. 25 Section 25. 343.30 (6) (b) (intro.) of the statutes, as affected by 1997 Wisconsin Act 84, is amended to read:

SB125-engrossed,11,25 343.30 (6) (b) (intro.) If a court imposes suspension of a person's operating privilege under s. 125.07 (4) (bs) or (c), 346.93 (2f) or (2g) or 938.344 (2), (2b) or (2d), the suspension imposed shall be one of the following:

SB125-engrossed, s. 26 Section 26. 343.301 of the statutes is created to read:

SB125-engrossed,12,8 343.301 Installation of ignition interlock device or immobilization of a motor vehicle. (1) Ignition interlock. (a) If a person improperly refuses to take a test under s. 343.305 or violates s. 346.63 (1) or (2), 940.09 (1) or 940.25, and the person has one or more prior suspensions, revocations or convictions that would be counted under s. 343.307 (1), the court may order that the person's operating privilege for the operation of "Class D" vehicles be restricted to operating "Class D" vehicles that are equipped with an ignition interlock device.

SB125-engrossed,12,11 (b) The court may restrict the operating privilege restriction under par. (a) for a period of not less than one year nor more than the maximum operating privilege revocation period permitted for the refusal or violation.

SB125-engrossed,12,14 (c) If the court restricts the person's operating privilege under par. (a), the person shall be liable for the reasonable cost of equipping and maintaining any ignition interlock device installed in his or her motor vehicle.

SB125-engrossed,12,20 (d) A person to whom a restriction under this subsection applies violates that restriction if he or she requests or permits another to blow into an ignition interlock device or to start a motor vehicle equipped with an ignition interlock device for the purpose of providing the person an operable motor vehicle without the necessity of first submitting a sample of his or her breath to analysis by the ignition interlock device.

SB125-engrossed,12,25 (2) Immobilization. (a) If a person improperly refuses to take a test under s. 343.305 or violates s. 346.63 (1) or (2), 940.09 (1) or 940.25, and the person has one or more prior suspensions, revocations or convictions that would be counted under s. 343.307 (1), the court may order that the motor vehicle used during the refusal or violation and owned by the person be immobilized.

SB125-engrossed,13,3 (b) The court may order the immobilization under par. (a) for a period of not less than one year nor more than the maximum operating privilege revocation period permitted for the refusal or violation.

SB125-engrossed,13,6 (c) If the court orders that the person's motor vehicle be immobilized, the person shall be liable for the reasonable cost of equipping and maintaining any immobilization device installed on his or her motor vehicle.

SB125-engrossed,13,14 (d) The court shall notify the department, in a form and manner prescribed by the department, that an order to immobilize a motor vehicle has been entered. The registration records of the department shall reflect that the order has been entered against the motor vehicle and remains unexecuted. Any law enforcement officer may execute that order based on the information provided by the department. The law enforcement agency shall notify the department when an order has been executed under this paragraph and the department shall amend its vehicle registration records to reflect that notification.

SB125-engrossed,13,19 (e) Within 10 days after immobilizing a motor vehicle under par. (d), the law enforcement agency that immobilized the vehicle shall provide notice of the immobilization to all lienholders of record. The notice shall set forth the year, make, model and vehicle identification number of the motor vehicle, where the motor vehicle is located and the reason for the immobilization.

SB125-engrossed, s. 35 Section 35. 343.305 (10) (b) 3. of the statutes is amended to read:

SB125-engrossed,14,2 343.305 (10) (b) 3. Except as provided in subd. 4m., if the number of convictions under ss. 940.09 (1) and 940.25 in the person's lifetime, plus the total number of other convictions, suspensions and revocations counted under s. 343.307 (2) within a 10-year period, equals 2, the court shall revoke the person's operating privilege for 2 years. After the first 90 days of the revocation period, the person is eligible for an occupational license under s. 343.10 if he or she has completed the assessment and is complying with the driver safety plan.

SB125-engrossed, s. 36 Section 36. 343.305 (10) (b) 5. of the statutes is repealed.

SB125-engrossed, s. 38 Section 38. 343.305 (10m) of the statutes is amended to read:

SB125-engrossed,14,15 343.305 (10m) Refusals; seizure, immobilization or ignition interlock of a motor vehicle. If the person whose operating privilege is revoked under sub. (10) has 2 one or more prior convictions, suspensions or revocations, as counted under s. 343.307 (1), the procedure under s. 346.65 (6) 343.301 shall be followed regarding if the court orders the immobilization or seizure and forfeiture of a motor vehicle owned by the person or the equipping of a the motor vehicle used and owned by the person with an ignition interlock device. If the person whose operating privilege is revoked under sub. (10) has 2 or more prior convictions, suspensions or revocations, as counted under s. 343.307 (1), the procedure under s. 346.65 (6) shall be followed if the court orders the seizure and forfeiture of the motor vehicle used and owned by the person.

SB125-engrossed, s. 40 Section 40. 343.31 (3) (bm) 3. of the statutes is amended to read:

SB125-engrossed,15,2 343.31 (3) (bm) 3. Except as provided in subd. 4m., if the number of convictions under ss. 940.09 (1) and 940.25 in the person's lifetime, plus the total number of suspensions, revocations and other convictions counted under s. 343.307 (1) within a 10-year period, equals 2, the department shall revoke the person's operating privilege for not less than one year nor more than 18 months. If an Indian tribal court in this state revokes the person's privilege to operate a motor vehicle on tribal lands for not less than one year nor more than 18 months for the conviction specified in par. (bm) (intro.), the department shall impose the same period of revocation. After the first 60 days of the revocation period, the person is eligible for an occupational license under s. 343.10.

SB125-engrossed, s. 41 Section 41. 343.31 (3) (bm) 5. of the statutes is repealed.

SB125-engrossed, s. 42 Section 42. 346.63 (2m) of the statutes is amended to read:

SB125-engrossed,15,12 346.63 (2m) If a person has not attained the legal drinking age, as defined in s. 125.02 (8m), 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. One penalty for violation of this subsection is suspension of a person's operating privilege under s. 343.30 (1p) (a). 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).