AB670,3,66 340.01 (25d) "Intoxicant" means any of the following:
AB670,3,87 (a) Alcohol, a controlled substance, a controlled substance analog, any other
8drug, or a vapor-releasing substance.
AB670,3,109 (b) Any combination of alcohol, a controlled substance, a controlled substance
10analog, any other drug, or a vapor-releasing substance.
AB670,3,14 11(73e) "Under the influence of an intoxicant" means a condition in which a
12person's ability to operate a motor vehicle, because of the consumption or use of an
13intoxicant, is impaired to the extent that the person is less able to exercise the clear
14judgment and steady hand necessary to handle and control a motor vehicle.
Note: Current law treats the issue of operating a motor vehicle while intoxicated
using various terms, often inconsistently. The terms used are "intoxicant", "alcohol",
"controlled substance", "controlled substance analog", and "other drug". In the following
sections of the statutes, the terms "alcohol", "a controlled substance", and "controlled
substance analog" are used: ss. 343.10, 343.16, 343.30, 343.305, 343.307, 343.44,
346.637, and 895.53, stats. Other sections of the statutes make use of these terms plus
the term "other drug": ss. 85.53, 343.303, 343.305, 343.31, 343.315, 343.63, 344.576,
351.02, and 346.65, stats. In addition, the term "intoxicant" is intermittently used.
This Section creates a definition of the term "intoxicant" to mean any of the
following:
1. Alcohol, a controlled substance, a controlled substance analog, any other drug,
or a vapor-releasing substance.
2. Any combination of alcohol, a controlled substance, a controlled substance
analog, any other drug, or a vapor-releasing substance.
The use of the definition of the term "intoxicant" in the statutes will indicate
consistently that a person may be considered intoxicated due to the individual impacts
or the combined impacts of alcohol, a controlled substance, a controlled substance analog,
any other drug, or a vapor-releasing substance.
Another issue presented by this bill is the meaning of the phrase "operating a motor
vehicle while under the influence". For example, s. 343.305 (9) (a) 5. a., states in part:

"Whether the officer had probable cause to believe the person was driving or
operating a motor vehicle while under the influence of alcohol, a controlled substance, or
a controlled substance analog or any combination of alcohol, a controlled substance, and
a controlled substance analog, under the influence of any other drug to a degree which
renders the person incapable of safely driving, or under the combined influence of alcohol
and any other drug to a degree which renders the person incapable of safely driving ...."
It appears from the above-cited section of the statutes that the phrase "to a degree
which renders the person incapable of safely driving" applies only to a person acting
under the influence of "any other drug" or "alcohol and any other drug".
Wisconsin criminal jury instructions state that the phrase "under the influence of
an intoxicant" means that a driver's ability to operate a vehicle is impaired because of the
consumption of an alcoholic beverage. "Not every person who has consumed alcoholic
beverages is `under the influence' as that term is used here. What must be established
is that the person has consumed a sufficient amount of alcohol to cause him to be less able
to exercise the clear judgment and steady hand necessary to handle and control a motor
vehicle. It is not required that impaired ability to operate be demonstrated by particular
acts of unsafe driving. What is required is that the person's ability to safely control his
vehicle be impaired". [See WIS JI-CRIMINAL s. 2663.]
With respect to operating a motor vehicle while under the influence of a drug, the
Wisconsin criminal jury instructions state that one element of this offense requires that
the defendant drove or operated a motor vehicle while under the influence of a drug to
a degree which rendered the defendant incapable of safely driving. [See WI
JI-CRIMINAL s. 2666.]
This bill creates a definition of the term "under the influence of an intoxicant" by
codifying the language of WI JI-CRIMINAL s. 2663. Rather than using 2 standards, as
under current law, the bill applies the definition to the operation of a motor vehicle when
the consumption of any intoxicant is involved. Again, the term "intoxicant" is defined to
mean alcohol, a controlled substance, a controlled substance analog, any other drug, a
vapor-releasing substance, or any combination of these items.
AB670, s. 4 1Section 4. 343.10 (8) (intro.) of the statutes is amended to read:
AB670,4,62 343.10 (8) Violation of restrictions. (intro.) Any person who violates a
3restriction on an occupational license as to hours of the day, area, routes or purpose
4of travel, vehicles allowed to be operated, use of an ignition interlock device, sobriety,
5or use of alcohol, controlled substances or controlled substance analogs an intoxicant
6shall be:
AB670, s. 5 7Section 5. 343.16 (5) (a) of the statutes, as affected by 1997 Wisconsin Act 84,
8is amended to read:
AB670,5,199 343.16 (5) (a) The secretary may require any applicant for a license or any
10licensed operator to submit to a special examination by such persons or agencies as
11the secretary may direct to determine incompetency, physical or mental disability,

1disease, or any other condition which might prevent such applicant or licensed
2person from exercising reasonable and ordinary control over a motor vehicle. When
3the department requires the applicant to submit to an examination, the applicant
4shall pay the cost thereof. If the department receives an application for a renewal
5or duplicate license after voluntary surrender under s. 343.265 or receives a report
6from a physician or optometrist under s. 146.82 (3), or if the department has a report
7of 2 or more arrests within a one-year period for any combination of violations of s.
8346.63 (1) or (5) or a local ordinance in conformity therewith or a law of a federally
9recognized American Indian tribe or band in this state in conformity with s. 346.63
10(1) or (5), or s. 346.63 (1m), 1985 stats., or s. 346.63 (2) or (6) or 940.25, or s. 940.09
11where the offense involved the use of a vehicle, the department shall determine, by
12interview or otherwise, whether the operator should submit to an examination under
13this section. The examination may consist of an assessment. If the examination
14indicates that education or treatment for a disability, disease, or condition
15concerning the use of alcohol, a controlled substance or a controlled substance analog
16an intoxicant is appropriate, the department may order a driver safety plan in
17accordance with s. 343.30 (1q). If there is noncompliance with assessment or the
18driver safety plan, the department shall revoke the person's operating privilege in
19the manner specified in s. 343.30 (1q) (d).
AB670, s. 6 20Section 6. 343.30 (1g) (a) of the statutes is amended to read:
AB670,5,2421 343.30 (1g) (a) Except as provided in par. pars. (b) and (c), a court may suspend
22a person's operating privilege for any period not exceeding 6 months upon the
23person's conviction for violating s. 343.44 (1) (a), (b), or (d) or a local ordinance in
24conformity therewith.
AB670, s. 7 25Section 7. 343.30 (1g) (b) of the statutes is amended to read:
AB670,6,8
1343.30 (1g) (b) A Except as provided in par. (c), a court shall revoke a person's
2operating privilege upon the person's conviction for violating s. 343.44 (1) (a), (b), or
3(d) or a local ordinance in conformity therewith if the person has been convicted of
43 or more prior violations of s. 343.44 (1) (a), (b), or (d), or similar violations under
5s. 343.44 (1), 1997 stats., or a local ordinance in conformity therewith, within the
65-year period preceding the violation. The revocation shall be for a period of 6
7months, unless the court orders a period of revocation of less than 6 months and
8places its reasons for ordering the lesser period of revocation on the record.
AB670, s. 8 9Section 8. 343.30 (1g) (c) of the statutes is created to read:
AB670,6,1410 343.30 (1g) (c) A court shall suspend a person's operating privilege upon the
11person's conviction under s. 343.44 for violating s. 343.10 (5) (a) 3. or under s.
12347.413. The revocation shall be for a period of not less than 6 months nor more than
139 months. If a person is convicted under s. 347.413, the person is eligible for an
14occupational license at any time.
Note: This Section creates a license suspension provision applicable to persons
who are convicted of tampering with an ignition interlock device (IID), either under the
general tampering provision in s. 347.413, stats., or the tampering language in s. 343.10,
stats. As with the current IID tampering laws, this suspension applies to whoever
commits the tampering violation (that is, the operator subject to the IID restriction or
anyone else tampering with the device). Except where an occupational license is
involved, the suspension period and the provision making the operator eligible for an
occupational license at any time is the same as that currently applicable to a first offense
violator of the statutes prohibiting the operation of a motor vehicle while under the
influence of an intoxicant or other drug (OWI). If the violator is an OWI violator who has
an occupational license, the provisions of the occupational license statute determine
future eligibility for such a license.
AB670, s. 9 15Section 9. 343.30 (1q) (c) 1. (intro.) of the statutes is amended to read:
AB670,7,516 343.30 (1q) (c) 1. (intro.) Except as provided in subd. 1. a. or b., the court shall
17order the person to submit to and comply with an assessment by an approved public
18treatment facility, as defined in s. 51.45 (2) (c) , for examination of the person's use
19of alcohol, controlled substances or controlled substance analogs an intoxicant and

1development of a driver safety plan for the person. The court shall notify the
2department of transportation of the assessment order. The court shall notify the
3person that noncompliance with assessment or the driver safety plan will result in
4revocation of the person's operating privilege until the person is in compliance. The
5assessment order shall:
AB670, s. 10 6Section 10. 343.30 (1q) (d) of the statutes, as affected by 1997 Wisconsin Act
784
, is amended to read:
AB670,8,228 343.30 (1q) (d) The assessment report shall order compliance with a driver
9safety plan. The report shall inform the person of the fee provisions under s. 46.03
10(18) (f). The driver safety plan may include a component that makes the person
11aware of the effect of his or her offense on a victim and a victim's family. The driver
12safety plan may include treatment for the person's misuse, abuse, or dependence on
13alcohol, controlled substances or controlled substance analogs an intoxicant, or
14attendance at a school under s. 345.60, or both. If the plan requires inpatient
15treatment, the treatment shall not exceed 30 days. A driver safety plan under this
16paragraph shall include a termination date consistent with the plan which shall not
17extend beyond one year. The county department under s. 51.42 shall assure
18notification of the department of transportation and the person of the person's
19compliance or noncompliance with assessment and with treatment. The school
20under s. 345.60 shall notify the department, the county department under s. 51.42,
21and the person of the person's compliance or noncompliance with the requirements
22of the school. Nonpayment of the assessment fee or, if the person has the ability to
23pay, nonpayment of the driver safety plan fee is noncompliance with the court order.
24If the department is notified of any noncompliance, other than for nonpayment of the
25assessment fee or driver safety plan fee, it shall revoke the person's operating

1privilege until the county department under s. 51.42 or the school under s. 345.60
2notifies the department that the person is in compliance with assessment or the
3driver safety plan. If the department is notified that a person has not paid the
4assessment fee, or that a person with the ability to pay has not paid the driver safety
5plan fee, the department shall suspend the person's operating privilege for a period
6of 2 years or until it receives notice that the person has paid the fee, whichever occurs
7first. The department shall notify the person of the suspension or revocation, the
8reason for the suspension or revocation, and the person's right to a review. A person
9may request a review of a revocation based upon failure to comply with a driver safety
10plan within 10 days of notification. The review shall be handled by the subunit of
11the department of transportation designated by the secretary. The issues at the
12review are limited to whether the driver safety plan, if challenged, is appropriate and
13whether the person is in compliance with the assessment order or the driver safety
14plan. The review shall be conducted within 10 days after a request is received. If the
15driver safety plan is determined to be inappropriate, the department shall order a
16reassessment and, if the person is otherwise eligible, the department shall reinstate
17the person's operating privilege. If the person is determined to be in compliance with
18the assessment or driver safety plan, and if the person is otherwise eligible, the
19department shall reinstate the person's operating privilege. If there is no decision
20within the 10-day period, the department shall issue an order reinstating the
21person's operating privilege until the review is completed, unless the delay is at the
22request of the person seeking the review.
AB670, s. 11 23Section 11. 343.30 (1q) (h) of the statutes is amended to read:
AB670,9,1724 343.30 (1q) (h) The court or department shall provide that the period of
25suspension or revocation imposed under this subsection shall be reduced by any

1period of suspension or revocation previously served under s. 343.305 if the
2suspension or revocation under s. 343.305 and the conviction for violation of s. 346.63
3(1) or (2m) or a local ordinance in conformity therewith arise out of the same incident
4or occurrence. The court or department shall order that the period of suspension or
5revocation imposed under this subsection run concurrently with any period of time
6remaining on a suspension or revocation imposed under s. 343.305 arising out of the
7same incident or occurrence. The court or department shall order that any period
8of time that must expire before a person is eligible for an occupational license under
9this subsection be reduced by any similar period previously expired under s. 343.305
10if the suspension or revocation under s. 343.305 and the conviction for violation of
11s. 346.63 (1) or a local ordinance in conformity therewith arise out of the same
12incident or occurrence. The court or department shall order that any period of time
13that must expire before a person is eligible for an occupational license under this
14subsection run concurrently with any similar period of time remaining under s.
15343.305 arising out of the same incident or occurrence.
The court may modify an
16occupational license authorized under s. 343.305 (8) (d) in accordance with this
17subsection.
Note: Section 343.30 (1q) (b), stats., provides that a person who is convicted of
driving or operating a motor vehicle while under the influence of an intoxicant or other
drug or while maintaining a prohibited alcohol concentration will be subject to revocation
of the person's operating privilege and a specified period of time within which the person
is not eligible to obtain an occupational license. Similarly, s. 343.305 (10) (b), stats.,
provides that a person who improperly refuses to take a test to determine the presence
of alcohol or other drugs will be subject to a revocation of the person's operating privilege
and a specified period of time within which the person is not eligible to obtain an
occupational license. This Section provides that, for a conviction and a refusal that arise
out of the same incident or occurrence, the periods of time within which a person will not
be eligible for an occupational license will run concurrently or, if an eligibility period has
begun to run for a refusal, the latter period will operate as an offset to the period of
ineligibility for an occupational license under s. 343.30, stats.
AB670, s. 12
1Section 12. 343.303 of the statutes is renumbered 343.303 (1) (intro.) and
2amended to read:
AB670,10,63 343.303 (1) (intro.) If a A law enforcement officer has probable cause to believe ,
4prior to an arrest, may request a person to provide a sample of his or her breath for
5a preliminary breath screening test using a device approved by the department for
6this purpose if any of the following conditions exists:
AB670,10,10 7(a) The law enforcement officer has reasonable suspicion that the person is
8violating or has violated s. 346.63 (1) or (2m) or a local ordinance in conformity
9therewith, or s. 346.63 (2) or (6) or, 940.09 (1), or 940.25 or s. 940.09 where the offense
10involved the use of a vehicle, or if the
.
AB670,10,14 11(b) The law enforcement officer detects any presence of alcohol, a controlled
12substance, controlled substance analog or other drug, or a combination thereof,
an
13intoxicant
on a person driving or operating or on duty time with respect to a
14commercial motor vehicle or.
AB670,10,19 15(c) The law enforcement officer has reason to believe that the person is violating
16or has violated s. 346.63 (7) or a local ordinance in conformity therewith, the officer,
17prior to an arrest, may request the person to provide a sample of his or her breath
18for a preliminary breath screening test using a device approved by the department
19for this purpose
.
AB670,10,25 20(2) The result of this the preliminary breath screening test under sub. (1) may
21be used by the law enforcement officer for the purpose of deciding whether or not the
22person shall be arrested for a violation of s. 346.63 (1), (2m), (5) , or (7) or a local
23ordinance in conformity therewith, or s. 346.63 (2) or (6), 940.09 (1), or 940.25 and
24whether or not to require or request chemical tests as authorized under s. 343.305
25(3).
AB670,11,6
1(3) The result of the preliminary breath screening test under sub. (1) shall not
2be admissible in any action or proceeding except to show probable cause for an arrest,
3if the arrest is challenged, to show the presence of an intoxicant in a person's breath,
4blood, or urine,
or to prove that a chemical test was properly required or requested
5of a person under s. 343.305 (3). Following the screening test, additional tests may
6be required or requested of the driver under s. 343.305 (3).
AB670,11,8 7(4) The general penalty provision under s. 939.61 (1) does not apply to a refusal
8to take a preliminary breath screening test under this section.
Note: This Section reorganizes s. 343.303 and provides that a law enforcement
officer may require a preliminary breath screening test if there is a reasonable suspicion,
rather than probable cause to believe, that a violation has occurred. This change is based
on the decision of the Wisconsin Supreme Court in County of Jefferson v. Renz, 231 Wis.
2d 293 (1999).
In addition, current law provides that a preliminary breath screening test is not
admissible in any action or proceeding except to show probable cause for an arrest, if the
arrest is challenged, or to prove that a chemical test was properly required or requested.
This Section provides that the result of the preliminary breath screening test also may
be used as evidence of the presence of an intoxicant in a person's breath, blood, or urine;
that is, the result of the test is admissible for the purpose of providing evidence of the
existence of an intoxicant but not for the purpose of providing evidence of the amount of
an intoxicant.
AB670, s. 13 9Section 13. 343.305 (2), (3) (am) and (b), (4) (form) and (5) (b) of the statutes
10are amended to read:
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).
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