SB94, s. 25 22Section 25. 345.24 (1) of the statutes is amended to read:
SB94,11,423 345.24 (1) A person arrested under s. 346.63 (1) or (5) or an ordinance in
24conformity therewith or s. 346.63 (1m), (2) or (6) or 940.25, or s. 940.09 where the
25offense involved the use of a vehicle, may not be released until 12 hours have elapsed

1from the time of his or her arrest or unless a chemical test administered under s.
2343.305 shows that the person has an alcohol concentration of less than 0.04, but the
3person may be released to his or her attorney, spouse, relative or other responsible
4adult at any time after arrest.
SB94, s. 26 5Section 26. 345.60 (3) of the statutes is amended to read:
SB94,11,106 345.60 (3) In addition to other penalties provided by law for violation of s.
7346.63 (1) or a local ordinance in conformity therewith, or s. 346.63 (1m) or (2) or
8940.25, or s. 940.09 where the offense involved the use of a vehicle, the convicted
9person may be required under s. 343.30 (1q) to attend, for a certain number of school
10days, a school under sub. (1).
SB94, s. 27 11Section 27. 346.63 (1m) of the statutes is created to read:
SB94,11,1412 346.63 (1m) No person may have a prohibited alcohol concentration within 2
13hours after the operation of a motor vehicle that resulted in injury or great bodily
14harm to, or death of, another person or damage to property.
SB94, s. 28 15Section 28. 346.63 (4) of the statutes is amended to read:
SB94,11,1716 346.63 (4) If a person is convicted under sub. (1) or a local ordinance in
17conformity therewith, or sub. (1m) or (2), the court shall proceed under s. 343.30 (1q).
SB94, s. 29 18Section 29. 346.635 of the statutes is amended to read:
SB94,11,24 19346.635 Report arrest or out-of-service order to department.
20Whenever a law enforcement officer arrests a person for a violation of s. 346.63 (1),
21(5) or (7), or a local ordinance in conformity therewith, or s. 346.63 (1m), (2) or (6) or
22940.25, or s. 940.09 where the offense involved the use of a vehicle, the officer shall
23notify the department of the arrest and of issuance of an out-of-service order under
24s. 343.305 (7) (b) or (9) (am) as soon as practicable.
SB94, s. 30 25Section 30. 346.65 (2g) (b) of the statutes is amended to read:
SB94,12,15
1346.65 (2g) (b) The court may require a person ordered to perform community
2service work under par. (a), or under s. 973.05 (3) (a) if that person's fine resulted from
3violating s. 346.63 (1m) or (2), 940.09 (1) or 940.25, to participate in community
4service work that demonstrates the adverse effects of substance abuse or of operating
5a vehicle while under the influence of an intoxicant or other drug, including working
6at an alcoholism treatment facility approved under s. 51.45, an emergency room of
7a general hospital or a driver awareness program under s. 346.637. The court may
8order the person to pay a reasonable fee, based on the person's ability to pay, to offset
9the cost of establishing, maintaining and monitoring the community service work
10ordered under this paragraph. If the opportunities available to perform community
11service work are fewer in number than the number of defendants eligible under this
12subsection, the court shall, when making an order under this paragraph, give
13preference to defendants who were under 21 years of age at the time of the offense.
14All provisions of par. (a) apply to any community service work ordered under this
15paragraph.
SB94, s. 31 16Section 31. 346.65 (2g) (c) of the statutes is amended to read:
SB94,13,217 346.65 (2g) (c) If there was a minor passenger under 16 years of age in the
18motor vehicle or commercial motor vehicle at the time of the violation that gave rise
19to the conviction, the court may require a person ordered to perform community
20service work under par. (a), or under s. 973.05 (3) (a) if that person's fine resulted from
21violating s. 346.63 (1m), (2), (5) (a) or (6) (a), 940.09 (1) or 940.25, to participate in
22community service work that benefits children or that demonstrates the adverse
23effects on children of substance abuse or of operating a vehicle while under the
24influence of an intoxicant or other drug. The court may order the person to pay a
25reasonable fee, based on the person's ability to pay, to offset the cost of establishing,

1maintaining and monitoring the community service work ordered under this
2paragraph.
SB94, s. 32 3Section 32. 346.65 (2i) of the statutes is amended to read:
SB94,14,34 346.65 (2i) In addition to the authority of the court under sub. (2g) and s. 973.05
5(3) (a), the court may order a defendant subject to sub. (2), or a defendant subject to
6s. 973.05 (3) (a) who violated s. 346.63 (1m) or (2), 940.09 (1) or 940.25, to visit a site
7that demonstrates the adverse effects of substance abuse or of operating a vehicle
8while under the influence of an intoxicant or other drug, including an alcoholism
9treatment facility approved under s. 51.45 or an emergency room of a general
10hospital in lieu of part or all of any forfeiture imposed or in addition to any penalty
11imposed. The court may order the defendant to pay a reasonable fee, based on the
12person's ability to pay, to offset the costs of establishing, maintaining and monitoring
13the visits ordered under this subsection. The court may order a visit to the site only
14if agreed to by the person responsible for the site. If the opportunities available to
15visit sites under this subsection are fewer than the number of defendants eligible for
16a visit, the court shall, when making an order under this subsection, give preference
17to defendants who were under 21 years of age at the time of the offense. The court
18shall ensure that the visit is monitored. A visit to a site may be ordered for a specific
19time and a specific day to allow the defendant to observe victims of vehicle accidents
20involving intoxicated drivers. If it appears to the court that the defendant has not
21complied with the court order to visit a site or to pay a reasonable fee, the court may
22order the defendant to show cause why he or she should not be held in contempt of
23court. Any organization or agency acting in good faith to which a defendant is
24assigned pursuant to an order under this subsection has immunity from any civil
25liability in excess of $25,000 for acts or omissions by or impacting on the defendant.

1The issuance or possibility of the issuance of an order under this subsection does not
2entitle an indigent defendant who is subject to sub. (2) (a) to representation by
3counsel under ch. 977.
SB94, s. 33 4Section 33. 346.65 (3g) of the statutes is created to read:
SB94,14,65 346.65 (3g) Any person violating s. 346.63 (1m) shall be subject to the following
6penalties:
SB94,14,97 (a) If the operation of the motor vehicle resulted in injury to another person or
8damage to property, a fine of not less than $300 nor more than $2,000 and
9imprisonment for not less than 30 days nor more than one year in the county jail.
SB94,14,1110 (b) If the operation of the motor vehicle resulted in great bodily harm to another
11person, a fine of not more than $10,000 and imprisonment for not more than 5 years.
SB94,14,1312 (c) If the operation of the motor vehicle resulted in death to another person, a
13fine of not more than $10,000 and imprisonment for not more than 10 years.
SB94, s. 34 14Section 34. 346.65 (6) (a) 1. of the statutes is amended to read:
SB94,15,215 346.65 (6) (a) 1. Except as provided in this paragraph, the court may order a
16law enforcement officer to seize a motor vehicle, or, if the motor vehicle is not ordered
17seized, shall order a law enforcement officer to equip the motor vehicle with an
18ignition interlock device or immobilize any motor vehicle owned by the person whose
19operating privilege is revoked under s. 343.305 (10) or who committed a violation of
20s. 346.63 (1) (a), (b), (1m) or (2) (a) 1. or 2., 940.09 (1) (a), (b), (c) or (d) or 940.25 (1)
21(a), (b), (c) or (d) if the person whose operating privilege is revoked under s. 343.305
22(10) or who is convicted of the violation has 2 prior suspensions, revocations or
23convictions that would be counted under s. 343.307 (1). The court shall not order a
24motor vehicle equipped with an ignition interlock device or immobilized if that would

1result in undue hardship or extreme inconvenience or would endanger the health
2and safety of a person.
SB94, s. 35 3Section 35. 346.65 (6) (a) 2. of the statutes is amended to read:
SB94,15,94 346.65 (6) (a) 2. The court shall order a law enforcement officer to seize a motor
5vehicle owned by a person whose operating privilege is revoked under s. 343.305 (10)
6or who commits a violation of s. 346.63 (1) (a) or (b), (1m) or (2) (a) 1. or 2., 940.09 (1)
7(a), (b), (c) or (d) or 940.25 (1) (a), (b), (c) or (d) if the person whose operating privilege
8is revoked under s. 343.305 (10) or who is convicted of the violation has 3 or more prior
9suspensions, revocations or convictions that would be counted under s. 343.307 (1).
SB94, s. 36 10Section 36. 346.65 (6) (d) of the statutes is amended to read:
SB94,15,2011 346.65 (6) (d) At the hearing set under par. (c), the state has the burden of
12proving to a reasonable certainty by the greater weight of the credible evidence that
13the motor vehicle is a motor vehicle owned by a person who committed a violation of
14s. 346.63 (1) (a) or (b), (1m) or (2) (a) 1. or 2., 940.09 (1) (a), (b), (c) or (d) or 940.25 (1)
15(a), (b), (c) or (d) and, if the seizure is under par. (a) 1., that the person had 2 prior
16convictions, suspensions or revocations, as counted under s. 343.307 (1) or, if the
17seizure is under par. (a) 2., 3 or more prior convictions, suspensions or revocations,
18as counted under s. 343.307 (1). If the ,, (c) or (d) ,, (c) or (d) state fails to meet the
19burden of proof required under this paragraph, the motor vehicle shall be returned
20to the owner upon the payment of storage costs.
SB94, s. 37 21Section 37. 346.655 (1) of the statutes is amended to read:
SB94,16,222 346.655 (1) On or after July 1, 1988, if a court imposes a fine or a forfeiture for
23a violation of s. 346.63 (1) or (5), or a local ordinance in conformity therewith, or s.
24346.63 (1m), (2) or (6) or 940.25, or s. 940.09 where the offense involved the use of a
25vehicle, it shall impose a driver improvement surcharge in an amount of $340 in

1addition to the fine or forfeiture, penalty assessment, jail assessment and crime
2laboratories and drug law enforcement assessment.
SB94, s. 38 3Section 38. 949.03 (1) (b) of the statutes is amended to read:
SB94,16,94 949.03 (1) (b) The commission or the attempt to commit any crime specified in
5s. 346.62 (4), 346.63 (1m), (2) or (6), 940.01, 940.02, 940.03, 940.05, 940.06, 940.07,
6940.08, 940.09, 940.10, 940.19, 940.20, 940.201, 940.21, 940.22 (2), 940.225, 940.23,
7940.24, 940.25, 940.285, 940.29, 940.30, 940.305, 940.31, 940.32, 941.327, 943.02,
8943.03, 943.04, 943.10, 943.20, 943.23 (1g), (1m) or (1r), 943.32, 948.02, 948.025,
9948.03, 948.04, 948.07, 948.095, 948.20, 948.30 or 948.51.
SB94, s. 39 10Section 39. 949.08 (2) (e) of the statutes is amended to read:
SB94,16,1711 949.08 (2) (e) Is an adult passenger in the offender's vehicle and the crime
12involved is specified in s. 346.63 (1m) or (2) or 940.25 and the passenger knew the
13offender was under the influence of an intoxicant, a controlled substance, a
14controlled substance analog or any combination of an intoxicant, controlled
15substance and controlled substance analog, or had a prohibited alcohol
16concentration, as defined in s. 340.01 (46m). This paragraph does not apply if the
17victim is also a victim of a crime specified in s. 940.30, 940.305, 940.31 or 948.30.
SB94, s. 40 18Section 40. 967.055 (2) (a) of the statutes is amended to read:
SB94,17,1119 967.055 (2) (a) Notwithstanding s. 971.29, if the prosecutor seeks to dismiss
20or amend a charge under s. 346.63 (1) or (5) or a local ordinance in conformity
21therewith, or s. 346.63 (1m), (2) or (6) or 940.25, or s. 940.09 where the offense
22involved the use of a vehicle or an improper refusal under s. 343.305, the prosecutor
23shall apply to the court. The application shall state the reasons for the proposed
24amendment or dismissal. The court may approve the application only if the court
25finds that the proposed amendment or dismissal is consistent with the public's

1interest in deterring the operation of motor vehicles by persons who are under the
2influence of an intoxicant, a controlled substance, a controlled substance analog or
3any combination of an intoxicant, controlled substance and controlled substance
4analog, under the influence of any other drug to a degree which renders him or her
5incapable of safely driving, or under the combined influence of an intoxicant and any
6other drug to a degree which renders him or her incapable of safely driving, or in
7deterring the operation of commercial motor vehicles by persons with an alcohol
8concentration of 0.04 or more. The court may not approve an application to amend
9the vehicle classification from a commercial motor vehicle to a noncommercial motor
10vehicle unless there is evidence in the record that the motor vehicle being operated
11by the defendant at the time of his or her arrest was not a commercial motor vehicle.
SB94, s. 41 12Section 41. 967.055 (3) (b) of the statutes is amended to read:
SB94,17,1313 967.055 (3) (b) A violation of s. 346.63 (1m), (2) or (6).
SB94, s. 42 14Section 42. Initial applicability.
SB94,17,1815 (1) This act first applies to offenses committed on the effective date of this
16subsection, but does not preclude the counting of other convictions, suspensions or
17revocations as prior convictions, suspensions or revocations for purposes of
18administrative action by the department of transportation or sentencing by a court.
SB94,17,1919 (End)
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