AB670,12,511 343.305 (2) Implied consent. Any person who is on duty time with respect to
12a commercial motor vehicle or drives or operates a motor vehicle upon the public
13highways of this state, or in those areas enumerated in s. 346.61, is deemed to have
14given consent to one or more tests of his or her breath, blood, or urine, for the purpose
15of determining the presence or quantity of an intoxicant in his or her blood or breath,
16of alcohol, controlled substances, controlled substance analogs or other drugs, or any
17combination of alcohol, controlled substances, controlled substance analogs and
18other drugs
breath, blood, or urine, when requested to do so by a law enforcement

1officer under sub. (3) (a) or (am) or when required to do so under sub. (3) (b). Any such
2tests shall be administered upon the request of a law enforcement officer. The law
3enforcement agency by which the officer is employed shall be prepared to administer,
4either at its agency or any other agency or facility, 2 of the 3 tests under sub. (3) (a)
5or (am), and may designate which of the tests shall be administered first.
AB670,12,15 6(3) (am) Prior to arrest, a law enforcement officer may request the person to
7provide one or more samples of his or her breath, blood, or urine for the purpose
8specified under sub. (2) whenever a law enforcement officer detects any presence of
9alcohol, a controlled substance, a controlled substance analog or other drug, or a
10combination thereof,
an intoxicant on a person driving or operating or on duty time
11with respect to a commercial motor vehicle or has reason to believe the person is
12violating or has violated s. 346.63 (7). Compliance with a request for one type of
13sample does not bar a subsequent request for a different type of sample. For the
14purposes of this paragraph, "law enforcement officer" includes inspectors in the
15performance of duties under s. 110.07 (3).
AB670,12,2516 (b) A person who is unconscious or otherwise not capable of withdrawing
17consent is presumed not to have withdrawn consent under this subsection, and if a
18law enforcement officer has probable cause to believe that the person has violated
19s. 346.63 (1), (2m), or (5) or a local ordinance in conformity therewith, or s. 346.63 (2)
20or (6) or 940.25, or s. 940.09 where the offense involved the use of a vehicle, or detects
21any presence of alcohol, controlled substance, controlled substance analog or other
22drug, or a combination thereof,
an intoxicant on a person driving or operating or on
23duty time with respect to a commercial motor vehicle or has reason to believe the
24person has violated s. 346.63 (7), one or more samples tests specified in par. (a) or
25(am) may be administered to the person.
AB670,13,1
1(4) (form)
AB670,13,5 2"You have either been arrested for an offense that involves driving or operating
3a motor vehicle while under the influence of alcohol or drugs, or both an intoxicant,
4or you are suspected of driving or being on duty time with respect to a commercial
5motor vehicle after consuming an intoxicating beverage.
AB670,13,136 This law enforcement agency now wants to test one or more samples of your
7breath, blood, or urine to determine the concentration of alcohol or drugs an
8intoxicant
in your system. If any test shows more alcohol in your system than the law
9permits while driving, your operating privilege will be suspended. If you refuse to
10take any test that this agency requests, your operating privilege will be revoked and
11you will be subject to other penalties. The test results or the fact that you refused
12testing can be used against you in court. The law does not provide you with a right
13to contact an attorney before submitting to a chemical test.
AB670,13,1714 If you take all of the requested tests, you may choose to take further tests. You
15may take the alternative test that this law enforcement agency provides free of
16charge. You also may have a test conducted by a qualified person of your choice at
17your expense. You, however, will have to make your own arrangements for that test.
AB670,13,2018 If you have a commercial driver license or were operating a commercial motor
19vehicle, other consequences may result from positive test results or from refusing
20testing, such as being placed out of service or disqualified."
AB670,14,3 21(5) (b) Blood may be withdrawn from the person arrested for violation of s.
22346.63 (1), (2), (2m), (5), or (6) or 940.25, or s. 940.09 where the offense involved the
23use of a vehicle, or a local ordinance in conformity with s. 346.63 (1), (2m), or (5), or
24as provided in sub. (3) (am) or (b) to determine the presence or quantity of alcohol,
25a controlled substance, a controlled substance analog or any other drug, or any

1combination of alcohol, controlled substance, controlled substance analog and any
2other drug
an intoxicant in the blood only by a physician, registered nurse, medical
3technologist, physician assistant, or person acting under the direction of a physician.
Note: Section 343.305 (4), stats., requires that a law enforcement officer provide
a person specified notifications at the time that a chemical test specimen is requested.
This Section adds to the notice a provision that when a chemical test specimen is
requested, the person to be tested does not have the right to contact an attorney prior to
testing.
AB670, s. 14 4Section 14. 343.305 (5) (d) of the statutes is repealed and recreated to read:
AB670,14,85 343.305 (5) (d) The results of a test administered in accordance with this
6section are admissible on the issue of whether a person was under the influence of
7an intoxicant or any issue relating to the person's alcohol concentration in a civil or
8criminal proceeding in which the person is alleged to have done any of the following:
AB670,14,109 1. Driven or operated a motor vehicle while under the influence of an
10intoxicant.
AB670,14,1111 2. Had a prohibited alcohol concentration.
AB670,14,1312 3. Driven or operated or been on duty time with respect to a commercial motor
13vehicle in violation of s. 346.63 (7).
AB670, s. 15 14Section 15. 343.305 (5) (e) of the statutes is created to read:
AB670,14,1615 343.305 (5) (e) Test results under this section shall be given the effect required
16under s. 885.235.
AB670, s. 16 17Section 16. 343.305 (6) (a) of the statutes is amended to read:
AB670,15,718 343.305 (6) (a) Chemical analyses of blood or urine to be considered valid under
19this section shall have been performed substantially according to methods approved
20by the laboratory of hygiene and by an individual possessing a valid permit to
21perform the analyses issued by the department of health and family services. The
22department of health and family services shall approve laboratories for the purpose

1of performing chemical analyses of blood or urine for alcohol, controlled substances
2or controlled substance analogs
an intoxicant and shall develop and administer a
3program for regular monitoring of the laboratories. A list of approved laboratories
4shall be provided to all law enforcement agencies in the state. Urine specimens are
5to be collected by methods specified by the laboratory of hygiene. The laboratory of
6hygiene shall furnish an ample supply of urine and blood specimen containers to
7permit all law enforcement officers to comply with the requirements of this section.
AB670, s. 17 8Section 17 . 343.305 (9) (a) (intro.) and 4. of the statutes are amended to read:
AB670,15,219 343.305 (9) (a) (intro.) If a person refuses to take a test under sub. (3) (a), the
10law enforcement officer shall immediately take possession of the person's license and
11prepare a notice of intent to revoke, by court order under sub. (10), the person's
12operating privilege. If the person was driving or operating a commercial motor
13vehicle, the officer shall issue an out-of-service order to the person for the 24 hours
14after the refusal and notify the department in the manner prescribed by the
15department. The officer shall issue a copy of the notice of intent to revoke the
16privilege to the person and submit or mail a copy with the person's license to the clerk
17of the
circuit court for the county in which the arrest under sub. (3) (a) was made.
18The officer shall also mail a copy of the notice of intent to revoke to the district
19attorney for that county and the department. The notice of intent to revoke the
20person's operating privilege shall contain substantially all of the following
21information:
AB670,16,222 4. That the person may request a hearing on the revocation within 10 days by
23mailing or delivering a written request to the clerk of the appropriate circuit court
24whose address is specified in the notice. If no request for a hearing is received within

1the 10-day period, the revocation period commences 30 days after the notice is
2issued.
AB670, s. 18 3Section 18. 343.305 (9) (a) 5. a. and c. of the statutes are amended to read:
AB670,16,144 343.305 (9) (a) 5. a. Whether the officer had probable cause to believe the
5person was driving or operating a motor vehicle while under the influence of alcohol,
6a controlled substance or a controlled substance analog or any combination of
7alcohol, a controlled substance and a controlled substance analog, under the
8influence of any other drug to a degree which renders the person incapable of safely
9driving, or under the combined influence of alcohol and any other drug to a degree
10which renders the person incapable of safely driving
an intoxicant or having a
11prohibited alcohol concentration or, if the person was driving or operating a
12commercial motor vehicle, an alcohol concentration of 0.04 or more and whether the
13person was lawfully placed under arrest for violation of s. 346.63 (1), (2m), or (5) or
14a local ordinance in conformity therewith or s. 346.63 (2) or (6), 940.09 (1), or 940.25.
AB670,16,1915 c. Whether the person refused to permit the test. The person shall not be
16considered to have refused the test if it is shown by a preponderance of evidence that
17the refusal was due to a physical inability to submit to the test due to a physical
18disability or disease unrelated to the use of alcohol, controlled substances, controlled
19substance analogs or other drugs
an intoxicant.
AB670, s. 19 20Section 19. 343.305 (9) (am) (intro.) and 4. of the statutes are amended to read:
AB670,17,721 343.305 (9) (am) (intro.) If a person driving or operating or on duty time with
22respect to a commercial motor vehicle refuses a test under sub. (3) (am), the law
23enforcement officer shall immediately take possession of the person's license, issue
24an out-of-service order to the person for the 24 hours after the refusal and notify the
25department in the manner prescribed by the department, and prepare a notice of

1intent to revoke, by court order under sub. (10), the person's operating privilege. The
2officer shall issue a copy of the notice of intent to revoke the privilege to the person
3and submit or mail a copy with the person's license to the clerk of the circuit court
4for the county in which the refusal is made. The officer shall also mail a copy of the
5notice of intent to revoke to the district attorney for that county and the department.
6The notice of intent to revoke the person's operating privilege shall contain
7substantially all of the following information:
AB670,17,128 4. That the person may request a hearing on the revocation within 10 days by
9mailing or delivering a written request to the clerk of the appropriate circuit court
10whose address is specified in the notice. If no request for a hearing is received within
11the 10-day period, the revocation period commences 30 days after the notice is
12issued.
AB670, s. 20 13Section 20 . 343.305 (9) (am) 5. a. and c. of the statutes are amended to read:
AB670,17,1714 343.305 (9) (am) 5. a. Whether the officer detected any presence of alcohol,
15controlled substance, controlled substance analog or other drug, or a combination
16thereof,
an intoxicant on the person or had reason to believe that the person was
17violating or had violated s. 346.63 (7).
AB670,17,2218 c. Whether the person refused to permit the test. The person shall not be
19considered to have refused the test if it is shown by a preponderance of evidence that
20the refusal was due to a physical inability to submit to the test due to a physical
21disability or disease unrelated to the use of alcohol, controlled substances, controlled
22substance analogs or other drugs
an intoxicant.
Note: Sections 17 to 20 amend s. 343.305 (9) (a) and (am), stats., to clarify that
the notice of intent to revoke a person's operating privilege must include the address of
the clerk of the appropriate circuit court that may hold a revocation hearing.
AB670, s. 21 23Section 21. 343.305 (9) (c) of the statutes is amended to read:
AB670,18,6
1343.305 (9) (c) If a law enforcement officer informs the circuit court that a
2person has refused to submit to a test under sub. (3) (a) or (am), the court shall be
3prepared to hold any requested hearing to determine if the refusal was proper. The
4scope of the hearing shall be limited to the issues outlined in par. (a) 5. or (am) 5.
5Neither party is entitled to pretrial discovery. Section 967.055 applies to any hearing
6under this subsection.
Note: This Section amends s. 343.305 (9) (c), stats., to clarify that pretrial
discovery is not available in a refusal hearing. This amendment reverses the holding in
State v. Schoepp, 204 Wis. 2d 266 (Ct. App. 1996).
AB670, s. 22 7Section 22. 343.305 (10) (c) 1. (intro.) of the statutes is amended to read:
AB670,18,168 343.305 (10) (c) 1. (intro.) Except as provided in subd. 1. a. or b., the court shall
9order the person to submit to and comply with an assessment by an approved public
10treatment facility as defined in s. 51.45 (2) (c) for examination of the person's use of
11alcohol, controlled substances or controlled substance analogs an intoxicant and
12development of a driver safety plan for the person. The court shall notify the person
13and the department of transportation of the assessment order. The court shall also
14notify the person that noncompliance with assessment or the driver safety plan will
15result in license suspension until the person is in compliance. The assessment order
16shall:
AB670, s. 23 17Section 23. 343.305 (10) (d) of the statutes, as affected by 1997 Wisconsin Act
1884
, is amended to read:
AB670,20,1019 343.305 (10) (d) The assessment report shall order compliance with a driver
20safety plan. The report shall inform the person of the fee provisions under s. 46.03
21(18) (f). The driver safety plan may include a component that makes the person
22aware of the effect of his or her offense on a victim and a victim's family. The driver
23safety plan may include treatment for the person's misuse, abuse, or dependence on

1alcohol, controlled substances or controlled substance analogs, an intoxicant or
2attendance at a school under s. 345.60, or both. If the plan requires inpatient
3treatment, the treatment shall not exceed 30 days. A driver safety plan under this
4paragraph shall include a termination date consistent with the plan which shall not
5extend beyond one year. The county department under s. 51.42 shall assure
6notification of the department of transportation and the person of the person's
7compliance or noncompliance with assessment and treatment. The school under s.
8345.60 shall notify the department, the county department under s. 51.42, and the
9person of the person's compliance or noncompliance with the requirements of the
10school. Nonpayment of the assessment fee or, if the person has the ability to pay,
11nonpayment of the driver safety plan fee is noncompliance with the court order. If
12the department is notified of noncompliance, other than for nonpayment of the
13assessment fee or driver safety plan fee, it shall revoke the person's operating
14privilege until the county department under s. 51.42 or the school under s. 345.60
15notifies the department that the person is in compliance with assessment or the
16driver safety plan. If the department is notified that a person has not paid the
17assessment fee, or that a person with the ability to pay has not paid the driver safety
18plan fee, the department shall suspend the person's operating privilege for a period
19of 2 years or until it receives notice that the person has paid the fee, whichever occurs
20first. The department shall notify the person of the suspension or revocation, the
21reason for the suspension or revocation, and the person's right to a review. A person
22may request a review of a revocation based upon failure to comply with a driver safety
23plan within 10 days of notification. The review shall be handled by the subunit of
24the department of transportation designated by the secretary. The issues at the
25review are limited to whether the driver safety plan, if challenged, is appropriate and

1whether the person is in compliance with the assessment order or the driver safety
2plan. The review shall be conducted within 10 days after a request is received. If the
3driver safety plan is determined to be inappropriate, the department shall order a
4reassessment and if the person is otherwise eligible, the department shall reinstate
5the person's operating privilege. If the person is determined to be in compliance with
6the assessment or driver safety plan, and if the person is otherwise eligible, the
7department shall reinstate the person's operating privilege. If there is no decision
8within the 10-day period, the department shall issue an order reinstating the
9person's operating privilege until the review is completed, unless the delay is at the
10request of the person seeking the review.
AB670, s. 24 11Section 24. 343.307 (1) (d) and (2) (e) of the statutes are amended to read:
AB670,20,1812 343.307 (1) (d) Convictions under the law of another jurisdiction that prohibits
13refusal of chemical testing or use of a motor vehicle while intoxicated or under the
14influence of a controlled substance or controlled substance analog, or a combination
15thereof
an intoxicant, or with an excess or specified range of alcohol concentration,
16or under the influence of any drug to a degree that renders the person incapable of
17safely driving,
as those or substantially similar terms are used in that jurisdiction's
18laws.
AB670,20,24 19(2) (e) Convictions under the law of another jurisdiction that prohibits refusal
20of chemical testing or use of a motor vehicle while intoxicated or under the influence
21of a controlled substance or controlled substance analog, or a combination thereof
22an intoxicant, or with an excess or specified range of alcohol concentration, or under
23the influence of any drug to a degree that renders the person incapable of safely
24driving,
as those or substantially similar terms are used in that jurisdiction's laws.
AB670, s. 25 25Section 25. 343.31 (1) (am) and (ar) of the statutes are amended to read:
AB670,21,8
1343.31 (1) (am) Injury Bodily harm by the operation of a vehicle while under
2the influence of an intoxicant, a controlled substance or a controlled substance
3analog, or any combination of an intoxicant, a controlled substance and a controlled
4substance analog, under the influence of any other drug to a degree which renders
5him or her incapable of safely driving, or under the combined influence of an
6intoxicant and any other drug to a degree which renders him or her incapable of
7safely driving
or while the person has a prohibited alcohol concentration and which
8is criminal under s. 346.63 (2).
AB670,21,119 (ar) Injury Bodily harm by the operation of a commercial motor vehicle while
10the person has an alcohol concentration of 0.04 or more but less than 0.1 and which
11is criminal under s. 346.63 (6).
AB670, s. 26 12Section 26. 343.31 (1) (b) of the statutes, as affected by 1997 Wisconsin Act 84,
13is amended to read:
AB670,21,1914 343.31 (1) (b) Upon conviction for operation of a motor vehicle while under the
15influence of an intoxicant, controlled substance, controlled substance analog or a
16combination thereof, under the influence of any other drug to a degree which renders
17him or her incapable of safely driving, or under the combined influence of an
18intoxicant and any other drug to a degree which renders him or her incapable of
19safely driving,
in accordance with the order of the court.
AB670, s. 27 20Section 27. 343.31 (2) and (3) (b) of the statutes, as affected by 1997 Wisconsin
21Act 84
, are amended to read:
AB670,22,1022 343.31 (2) The department shall revoke the operating privilege of any resident
23upon receiving notice of the conviction of such person in another jurisdiction for an
24offense therein which, if committed in this state, would have been cause for
25revocation under this section or for revocation under s. 343.30 (1q). Such offenses

1shall include violation of any law of another jurisdiction that prohibits use of a motor
2vehicle while intoxicated or under the influence of a controlled substance or
3controlled substance analog, or a combination thereof
an intoxicant, or with an
4excess or specified range of alcohol concentration, or under the influence of any drug
5to a degree that renders the person incapable of safely driving,
as those or
6substantially similar terms are used in that jurisdiction's laws. Upon receiving
7similar notice with respect to a nonresident, the department shall revoke the
8privilege of the nonresident to operate a motor vehicle in this state. Such revocation
9shall not apply to the operation of a commercial motor vehicle by a nonresident who
10holds a valid commercial driver license issued by another state.
AB670,22,17 11(3) (b) If the revocation results from a first conviction of operation of a motor
12vehicle while under the influence of an intoxicant, controlled substance, controlled
13substance analog or a combination thereof, under the influence of any other drug to
14a degree which renders him or her incapable of safely driving, or under the combined
15influence of an intoxicant and any other drug to a degree which renders him or her
16incapable of safely driving
and the conviction occurs in another jurisdiction, the
17period of revocation shall be 6 months.
AB670, s. 28 18Section 28. 343.315 (2) (a) 1. and 6. of the statutes are amended to read:
AB670,23,219 343.315 (2) (a) 1. Section 346.63 (1) (a) or a local ordinance in conformity
20therewith or a law of a federally recognized American Indian tribe or band in this
21state in conformity with s. 346.63 (1) (a) or the law of another jurisdiction prohibiting
22driving or operating a motor vehicle while intoxicated or under the influence of
23alcohol, a controlled substance, a controlled substance analog or a combination
24thereof, or under the influence of any drug which renders the person incapable of

1safely driving
an intoxicant, as those or substantially similar terms are used in that
2jurisdiction's laws.
AB670,23,123 6. Section 346.63 (2) or (6), 940.09 (1), or 940.25 or a law of a federally
4recognized American Indian tribe or band in this state in conformity with s. 346.63
5(2) or (6), 940.09 (1), or 940.25, or the law of another jurisdiction prohibiting causing
6or inflicting injury bodily harm, great bodily harm, or death through use of a motor
7vehicle while intoxicated or under the influence of alcohol, a controlled substance,
8a controlled substance analog or a combination thereof
an intoxicant, or with an
9alcohol concentration of 0.04 or more or with an excess or specified range of alcohol
10concentration, or under the influence of any drug to a degree that renders the person
11incapable of safely driving,
as those or substantially similar terms are used in that
12jurisdiction's laws.
AB670, s. 29 13Section 29. 343.44 (1) (a) and (b) of the statutes are amended to read:
AB670,23,2314 343.44 (1) (a) Operating while suspended. No person whose operating privilege
15has been duly suspended under the laws of this state may operate a motor vehicle
16upon any highway in this state during the period of suspension or in violation of any
17restriction on an occupational license issued to the person during the period of
18suspension. A person's knowledge that his or her operating privilege is suspended
19is not an element of the offense under this paragraph. In this paragraph, "restriction
20on an occupational license" means restrictions imposed under s. 343.10 (5) (a) as to
21hours of the day, area, routes or purpose of travel, vehicles allowed to be operated,
22use of an ignition interlock device, sobriety, or use of alcohol, controlled substances
23or controlled substance analogs
an intoxicant.
AB670,24,724 (b) Operating while revoked. No person whose operating privilege has been
25duly revoked under the laws of this state may knowingly operate a motor vehicle

1upon any highway in this state during the period of revocation or in violation of any
2restriction on an occupational license issued to the person during the period of
3revocation. In this paragraph, "restriction on an occupational license" means
4restrictions imposed under s. 343.10 (5) (a) as to hours of the day, area, routes or
5purpose of travel, vehicles allowed to be operated, use of an ignition interlock device,
6sobriety, or use of alcohol, controlled substances or controlled substance analogs an
7intoxicant
.
AB670, s. 30 8Section 30. 344.576 (2) (b) and (c) of the statutes are amended to read:
AB670,24,119 344.576 (2) (b) The damage occurs while the renter or authorized driver
10operates the private passenger vehicle in this state while under the influence of an
11intoxicant or other drug, as described under s. 346.63 (1) (a) or (b) or (2m).
AB670,24,1412 (c) The damage occurs while the renter or authorized driver operates the
13private passenger vehicle in another state while under the influence of an intoxicant
14or other drug, as described in the laws of that state.
AB670, s. 31 15Section 31. 345.24 (1) of the statutes is amended to read:
AB670,24,2216 345.24 (1) A person arrested under s. 346.63 (1) or (5) or an ordinance in
17conformity therewith or s. 346.63 (2) or (6) or 940.25, or s. 940.09 where the offense
18involved the use of a vehicle, may not be released until 12 hours have elapsed from
19the time of his or her arrest or unless a chemical test administered under s. 343.305
20shows that the person has an alcohol concentration of less than 0.04 0.02, but the
21person may be released to his or her attorney, spouse, relative, or other responsible
22adult at any time after arrest.
Note: Current law regarding an officer's action after an arrest for driving under
the influence of an intoxicant provides that the arrested person must be released when
the person has an alcohol concentration less than 0.04. This Section amends the statute
to provide that the immediate release alcohol concentration level is reduced to less than
0.02.
AB670, s. 32
1Section 32. 346.17 (3) (b) of the statutes is amended to read:
AB670,25,52 346.17 (3) (b) If the violation results in bodily harm, as defined in s. 939.22 (4),
3to another, or causes damage to the property of another, as defined in s. 939.22 (28),
4the person shall be fined not less than $1,000 nor more than $10,000 and may be
5imprisoned for not more than 3 years.
AB670, s. 33 6Section 33. 346.17 (3) (c) of the statutes is amended to read:
AB670,25,97 346.17 (3) (c) If the violation results in great bodily harm, as defined in s. 939.22
8(14),
to another, the person shall be fined not less than $1,100 nor more than $10,000
9and may be imprisoned for not more than 3 years.
AB670, s. 34 10Section 34. 346.61 of the statutes is amended to read:
AB670,25,19 11346.61 Applicability of sections relating to reckless and drunken
12driving.
In addition to being applicable upon highways, ss. 346.62 to 346.64 are
13applicable upon all premises held out to the public for use of their motor vehicles, all
14premises provided by employers to employees for the use of their motor vehicles and
15all premises provided to tenants of rental housing in buildings of 4 or more units for
16the use of their motor vehicles, whether such premises are publicly or privately
17owned and whether or not a fee is charged for the use thereof. Sections 346.62 to
18346.64 do not apply to private parking areas at farms or single-family residences
and
19frozen waters
.
Note: Section 346.61, stats., provides that statutory provisions relating to reckless
and drunken driving are applicable upon highways, all premises held out to the public
for use of their motor vehicles, all premises provided by employers to employees for the
use of their motor vehicles, and all premises provided to tenants of rental housing in
buildings of 4 or more units for the use of their motor vehicles, whether the premises are
publicly or privately owned and whether or not a fee is charged for their use. An exception
exists for private parking areas at farms or single-family residences. This Section
amends s. 346.61, stats., to provide that the statutes relating to reckless and drunken
driving are applicable upon highways, all premises, and frozen waters.
AB670, s. 35 20Section 35. 346.62 (1) (a) and (b) of the statutes are repealed.
AB670, s. 36
1Section 36. 346.63 (title) of the statutes is amended to read:
AB670,26,2 2346.63 (title) Operating under influence of intoxicant or other drug.
AB670, s. 37 3Section 37 . 346.63 (1) (a) and (b) of the statutes are amended to read:
AB670,26,104 346.63 (1) (a) Under the influence of an intoxicant , a controlled substance, a
5controlled substance analog or any combination of an intoxicant, a controlled
6substance and a controlled substance analog, under the influence of any other drug
7to a degree which renders him or her incapable of safely driving, or under the
8combined influence of an intoxicant and any other drug to a degree which renders
9him or her incapable of safely driving; or
. A violation of this paragraph is not an
10included offense of s. 346.63 (2), 940.09 (1), or 940.25 (1)
.
AB670,26,1211 (b) The person has a prohibited alcohol concentration. A violation of this
12paragraph is not an included offense of s. 346.63 (2), 940.09 (1), or 940.25 (1).
Note: This Section clarifies that the crime of driving or operating a motor vehicle
while under the influence of an intoxicant or with a prohibited alcohol concentration is
not an included offense of the following crimes: causing bodily harm while intoxicated;
homicide by intoxicated use of a vehicle; or injury by intoxicated use of a vehicle.
AB670, s. 38 13Section 38 . 346.63 (2) (a) (intro.) and 1. and (b) of the statutes are amended
14to read:
AB670,26,1615 346.63 (2) (a) (intro.) It is unlawful for any person to cause injury bodily harm
16to another person by the operation of a vehicle while:
AB670,26,2217 1. Under the influence of an intoxicant, a controlled substance, a controlled
18substance analog or any combination of an intoxicant, a controlled substance and a
19controlled substance analog, under the influence of any other drug to a degree which
20renders him or her incapable of safely driving, or under the combined influence of an
21intoxicant and any other drug to a degree which renders him or her incapable of
22safely driving
; or
AB670,27,9
1(b) In an action under this subsection, the defendant has a defense if he or she
2proves by a preponderance of the evidence that the injury bodily harm would have
3occurred even if he or she had been exercising due care and he or she had not been
4under the influence of an intoxicant, a controlled substance, a controlled substance
5analog or a combination thereof, under the influence of any other drug to a degree
6which renders him or her incapable of safely driving, or under the combined
7influence of an intoxicant and any other drug to a degree which renders him or her
8incapable of safely driving
or did not have a prohibited alcohol concentration
9described under par. (a) 2.
Note: Section 346.63 (2) and (6), stats., provides that a person may not cause injury
while operating a motor vehicle under the influence of an intoxicant or other drug. This
Section and Section 39 also prohibit the causing of bodily harm. The term "bodily harm"
is defined in Section 2 to mean physical pain or injury, illness or any impairment of
physical condition. The definition is adopted from s. 939.22 (4), stats.
AB670, s. 39 10Section 39 . 346.63 (6) (a) and (c) of the statutes are amended to read:
AB670,27,1311 346.63 (6) (a) No person may cause injury bodily harm to another person by the
12operation of a commercial motor vehicle while the person has an alcohol
13concentration of 0.04 or more but less than 0.1.
AB670,27,2114 (c) Under par. (a), the person charged has a defense if it appears by a
15preponderance of the evidence that the injury bodily harm would have occurred even
16if he or she had not been under the influence of an intoxicant, a controlled substance,
17a controlled substance analog or a combination thereof, under the influence of any
18other drug to a degree which renders him or her incapable of safely driving, or under
19the combined influence of an intoxicant and any other drug to a degree which renders
20him or her incapable of safely driving
or did not have an alcohol concentration
21described under par. (a).
AB670, s. 40 22Section 40. 346.637 (1) and (2) of the statutes are amended to read:
AB670,28,4
1346.637 (1) The laws relating to operating a motor vehicle and drinking
2alcohol,
using controlled substances or controlled substance analogs, or using any
3combination of alcohol, controlled substances and controlled substance analogs
an
4intoxicant
.
AB670,28,7 5(2) The effects of alcohol, controlled substances or controlled substance
6analogs,
an intoxicant or the use of them in any combination an intoxicant, on a
7person's ability to operate a motor vehicle.
AB670, s. 41 8Section 41. 346.65 (2) (e) of the statutes is amended to read:
AB670,28,159 346.65 (2) (e) Except as provided in pars. (f) and (g), shall be fined not less than
10$600 nor more than $2,000 and imprisoned for not less than 6 months nor more than
115 7 years and 6 months if the number of convictions under ss. 940.09 (1) and 940.25
12in the person's lifetime, plus the total number of suspensions, revocations, and other
13convictions counted under s. 343.307 (1), equals 5 or more, except that suspensions,
14revocations, or convictions arising out of the same incident or occurrence shall be
15counted as one.
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