SB338,14,1514 1. Driven or operated a motor vehicle while under the influence of an
15intoxicant.
SB338,14,1616 2. Had a prohibited alcohol concentration.
SB338,14,1817 3. Driven or operated or been on duty time with respect to a commercial motor
18vehicle in violation of s. 346.63 (7).
SB338, s. 15 19Section 15. 343.305 (5) (e) of the statutes is created to read:
SB338,14,2120 343.305 (5) (e) Test results under this section shall be given the effect required
21under s. 885.235.
SB338, s. 16 22Section 16. 343.305 (6) (a) of the statutes is amended to read:
SB338,15,12
1343.305 (6) (a) Chemical analyses of blood or urine to be considered valid under
2this section shall have been performed substantially according to methods approved
3by the laboratory of hygiene and by an individual possessing a valid permit to
4perform the analyses issued by the department of health and family services. The
5department of health and family services shall approve laboratories for the purpose
6of performing chemical analyses of blood or urine for alcohol, controlled substances
7or controlled substance analogs
an intoxicant and shall develop and administer a
8program for regular monitoring of the laboratories. A list of approved laboratories
9shall be provided to all law enforcement agencies in the state. Urine specimens are
10to be collected by methods specified by the laboratory of hygiene. The laboratory of
11hygiene shall furnish an ample supply of urine and blood specimen containers to
12permit all law enforcement officers to comply with the requirements of this section.
SB338, s. 17 13Section 17 . 343.305 (9) (a) (intro.) and 4. of the statutes are amended to read:
SB338,16,214 343.305 (9) (a) (intro.) If a person refuses to take a test under sub. (3) (a), the
15law enforcement officer shall immediately take possession of the person's license and
16prepare a notice of intent to revoke, by court order under sub. (10), the person's
17operating privilege. If the person was driving or operating a commercial motor
18vehicle, the officer shall issue an out-of-service order to the person for the 24 hours
19after the refusal and notify the department in the manner prescribed by the
20department. The officer shall issue a copy of the notice of intent to revoke the
21privilege to the person and submit or mail a copy with the person's license to the clerk
22of the
circuit court for the county in which the arrest under sub. (3) (a) was made.
23The officer shall also mail a copy of the notice of intent to revoke to the district
24attorney for that county and the department. The notice of intent to revoke the

1person's operating privilege shall contain substantially all of the following
2information:
SB338,16,73 4. That the person may request a hearing on the revocation within 10 days by
4mailing or delivering a written request to the clerk of the appropriate circuit court
5whose address is specified in the notice. If no request for a hearing is received within
6the 10-day period, the revocation period commences 30 days after the notice is
7issued.
SB338, s. 18 8Section 18. 343.305 (9) (a) 5. a. and c. of the statutes are amended to read:
SB338,16,199 343.305 (9) (a) 5. a. Whether the officer had probable cause to believe the
10person was driving or operating a motor vehicle while under the influence of alcohol,
11a controlled substance or a controlled substance analog or any combination of
12alcohol, a controlled substance and a controlled substance analog, under the
13influence of any other drug to a degree which renders the person incapable of safely
14driving, or under the combined influence of alcohol and any other drug to a degree
15which renders the person incapable of safely driving
an intoxicant or having a
16prohibited alcohol concentration or, if the person was driving or operating a
17commercial motor vehicle, an alcohol concentration of 0.04 or more and whether the
18person was lawfully placed under arrest for violation of s. 346.63 (1), (2m), or (5) or
19a local ordinance in conformity therewith or s. 346.63 (2) or (6), 940.09 (1), or 940.25.
SB338,16,2420 c. Whether the person refused to permit the test. The person shall not be
21considered to have refused the test if it is shown by a preponderance of evidence that
22the refusal was due to a physical inability to submit to the test due to a physical
23disability or disease unrelated to the use of alcohol, controlled substances, controlled
24substance analogs or other drugs
an intoxicant.
SB338, s. 19 25Section 19. 343.305 (9) (am) (intro.) and 4. of the statutes are amended to read:
SB338,17,12
1343.305 (9) (am) (intro.) If a person driving or operating or on duty time with
2respect to a commercial motor vehicle refuses a test under sub. (3) (am), the law
3enforcement officer shall immediately take possession of the person's license, issue
4an out-of-service order to the person for the 24 hours after the refusal and notify the
5department in the manner prescribed by the department, and prepare a notice of
6intent to revoke, by court order under sub. (10), the person's operating privilege. The
7officer shall issue a copy of the notice of intent to revoke the privilege to the person
8and submit or mail a copy with the person's license to the clerk of the circuit court
9for the county in which the refusal is made. The officer shall also mail a copy of the
10notice of intent to revoke to the district attorney for that county and the department.
11The notice of intent to revoke the person's operating privilege shall contain
12substantially all of the following information:
SB338,17,1713 4. That the person may request a hearing on the revocation within 10 days by
14mailing or delivering a written request to the clerk of the appropriate circuit court
15whose address is specified in the notice. If no request for a hearing is received within
16the 10-day period, the revocation period commences 30 days after the notice is
17issued.
SB338, s. 20 18Section 20 . 343.305 (9) (am) 5. a. and c. of the statutes are amended to read:
SB338,17,2219 343.305 (9) (am) 5. a. Whether the officer detected any presence of alcohol,
20controlled substance, controlled substance analog or other drug, or a combination
21thereof,
an intoxicant on the person or had reason to believe that the person was
22violating or had violated s. 346.63 (7).
SB338,18,223 c. Whether the person refused to permit the test. The person shall not be
24considered to have refused the test if it is shown by a preponderance of evidence that
25the refusal was due to a physical inability to submit to the test due to a physical

1disability or disease unrelated to the use of alcohol, controlled substances, controlled
2substance 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.
SB338, s. 21 3Section 21. 343.305 (9) (c) of the statutes is amended to read:
SB338,18,94 343.305 (9) (c) If a law enforcement officer informs the circuit court that a
5person has refused to submit to a test under sub. (3) (a) or (am), the court shall be
6prepared to hold any requested hearing to determine if the refusal was proper. The
7scope of the hearing shall be limited to the issues outlined in par. (a) 5. or (am) 5.
8Neither party is entitled to pretrial discovery. Section 967.055 applies to any hearing
9under 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).
SB338, s. 22 10Section 22. 343.305 (10) (c) 1. (intro.) of the statutes is amended to read:
SB338,18,1911 343.305 (10) (c) 1. (intro.) Except as provided in subd. 1. a. or b., the court shall
12order the person to submit to and comply with an assessment by an approved public
13treatment facility as defined in s. 51.45 (2) (c) for examination of the person's use of
14alcohol, controlled substances or controlled substance analogs an intoxicant and
15development of a driver safety plan for the person. The court shall notify the person
16and the department of transportation of the assessment order. The court shall also
17notify the person that noncompliance with assessment or the driver safety plan will
18result in license suspension until the person is in compliance. The assessment order
19shall:
SB338, s. 23 20Section 23. 343.305 (10) (d) of the statutes, as affected by 1997 Wisconsin Act
2184
, is amended to read:
SB338,20,15
1343.305 (10) (d) The assessment report shall order compliance with a driver
2safety plan. The report shall inform the person of the fee provisions under s. 46.03
3(18) (f). The driver safety plan may include a component that makes the person
4aware of the effect of his or her offense on a victim and a victim's family. The driver
5safety plan may include treatment for the person's misuse, abuse, or dependence on
6alcohol, controlled substances or controlled substance analogs, an intoxicant or
7attendance at a school under s. 345.60, or both. If the plan requires inpatient
8treatment, the treatment shall not exceed 30 days. A driver safety plan under this
9paragraph shall include a termination date consistent with the plan which shall not
10extend beyond one year. The county department under s. 51.42 shall assure
11notification of the department of transportation and the person of the person's
12compliance or noncompliance with assessment and treatment. The school under s.
13345.60 shall notify the department, the county department under s. 51.42, and the
14person of the person's compliance or noncompliance with the requirements of the
15school. Nonpayment of the assessment fee or, if the person has the ability to pay,
16nonpayment of the driver safety plan fee is noncompliance with the court order. If
17the department is notified of noncompliance, other than for nonpayment of the
18assessment fee or driver safety plan fee, it shall revoke the person's operating
19privilege until the county department under s. 51.42 or the school under s. 345.60
20notifies the department that the person is in compliance with assessment or the
21driver safety plan. If the department is notified that a person has not paid the
22assessment fee, or that a person with the ability to pay has not paid the driver safety
23plan fee, the department shall suspend the person's operating privilege for a period
24of 2 years or until it receives notice that the person has paid the fee, whichever occurs
25first. The department shall notify the person of the suspension or revocation, the

1reason for the suspension or revocation, and the person's right to a review. A person
2may request a review of a revocation based upon failure to comply with a driver safety
3plan within 10 days of notification. The review shall be handled by the subunit of
4the department of transportation designated by the secretary. The issues at the
5review are limited to whether the driver safety plan, if challenged, is appropriate and
6whether the person is in compliance with the assessment order or the driver safety
7plan. The review shall be conducted within 10 days after a request is received. If the
8driver safety plan is determined to be inappropriate, the department shall order a
9reassessment and if the person is otherwise eligible, the department shall reinstate
10the person's operating privilege. If the person is determined to be in compliance with
11the assessment or driver safety plan, and if the person is otherwise eligible, the
12department shall reinstate the person's operating privilege. If there is no decision
13within the 10-day period, the department shall issue an order reinstating the
14person's operating privilege until the review is completed, unless the delay is at the
15request of the person seeking the review.
SB338, s. 24 16Section 24. 343.307 (1) (d) and (2) (e) of the statutes are amended to read:
SB338,20,2317 343.307 (1) (d) Convictions under the law of another jurisdiction that prohibits
18refusal of chemical testing or use of a motor vehicle while intoxicated or under the
19influence of a controlled substance or controlled substance analog, or a combination
20thereof
an intoxicant, or with an excess or specified range of alcohol concentration,
21or under the influence of any drug to a degree that renders the person incapable of
22safely driving,
as those or substantially similar terms are used in that jurisdiction's
23laws.
SB338,21,4 24(2) (e) Convictions under the law of another jurisdiction that prohibits refusal
25of chemical testing or use of a motor vehicle while intoxicated or under the influence

1of a controlled substance or controlled substance analog, or a combination thereof
2an intoxicant, or with an excess or specified range of alcohol concentration, or under
3the influence of any drug to a degree that renders the person incapable of safely
4driving,
as those or substantially similar terms are used in that jurisdiction's laws.
SB338, s. 25 5Section 25. 343.31 (1) (am) and (ar) of the statutes are amended to read:
SB338,21,136 343.31 (1) (am) Injury Bodily harm by the operation of a vehicle while under
7the influence of an intoxicant, a controlled substance or a controlled substance
8analog, or any combination of an intoxicant, a controlled substance and a controlled
9substance analog, under the influence of any other drug to a degree which renders
10him or her incapable of safely driving, or under the combined influence of an
11intoxicant and any other drug to a degree which renders him or her incapable of
12safely driving
or while the person has a prohibited alcohol concentration and which
13is criminal under s. 346.63 (2).
SB338,21,1614 (ar) Injury Bodily harm by the operation of a commercial motor vehicle while
15the person has an alcohol concentration of 0.04 or more but less than 0.1 and which
16is criminal under s. 346.63 (6).
SB338, s. 26 17Section 26. 343.31 (1) (b) of the statutes, as affected by 1997 Wisconsin Act 84,
18is amended to read:
SB338,21,2419 343.31 (1) (b) Upon conviction for operation of a motor vehicle while under the
20influence of an intoxicant, controlled substance, controlled substance analog or a
21combination thereof, under the influence of any other drug to a degree which renders
22him or her incapable of safely driving, or under the combined influence of an
23intoxicant and any other drug to a degree which renders him or her incapable of
24safely driving,
in accordance with the order of the court.
SB338, s. 27
1Section 27. 343.31 (2) and (3) (b) of the statutes, as affected by 1997 Wisconsin
2Act 84
, are amended to read:
SB338,22,163 343.31 (2) The department shall revoke the operating privilege of any resident
4upon receiving notice of the conviction of such person in another jurisdiction for an
5offense therein which, if committed in this state, would have been cause for
6revocation under this section or for revocation under s. 343.30 (1q). Such offenses
7shall include violation of any law of another jurisdiction that prohibits use of a motor
8vehicle while intoxicated or under the influence of a controlled substance or
9controlled substance analog, or a combination thereof
an intoxicant, or with an
10excess or specified range of alcohol concentration, or under the influence of any drug
11to a degree that renders the person incapable of safely driving,
as those or
12substantially similar terms are used in that jurisdiction's laws. Upon receiving
13similar notice with respect to a nonresident, the department shall revoke the
14privilege of the nonresident to operate a motor vehicle in this state. Such revocation
15shall not apply to the operation of a commercial motor vehicle by a nonresident who
16holds a valid commercial driver license issued by another state.
SB338,22,23 17(3) (b) If the revocation results from a first conviction of operation of a motor
18vehicle while under the influence of an intoxicant, controlled substance, controlled
19substance analog or a combination thereof, under the influence of any other drug to
20a degree which renders him or her incapable of safely driving, or under the combined
21influence of an intoxicant and any other drug to a degree which renders him or her
22incapable of safely driving
and the conviction occurs in another jurisdiction, the
23period of revocation shall be 6 months.
SB338, s. 28 24Section 28. 343.315 (2) (a) 1. and 6. of the statutes are amended to read:
SB338,23,8
1343.315 (2) (a) 1. Section 346.63 (1) (a) or a local ordinance in conformity
2therewith or a law of a federally recognized American Indian tribe or band in this
3state in conformity with s. 346.63 (1) (a) or the law of another jurisdiction prohibiting
4driving or operating a motor vehicle while intoxicated or under the influence of
5alcohol, a controlled substance, a controlled substance analog or a combination
6thereof, or under the influence of any drug which renders the person incapable of
7safely driving
an intoxicant, as those or substantially similar terms are used in that
8jurisdiction's laws.
SB338,23,189 6. Section 346.63 (2) or (6), 940.09 (1), or 940.25 or a law of a federally
10recognized American Indian tribe or band in this state in conformity with s. 346.63
11(2) or (6), 940.09 (1), or 940.25, or the law of another jurisdiction prohibiting causing
12or inflicting injury bodily harm, great bodily harm, or death through use of a motor
13vehicle while intoxicated or under the influence of alcohol, a controlled substance,
14a controlled substance analog or a combination thereof
an intoxicant, or with an
15alcohol concentration of 0.04 or more or with an excess or specified range of alcohol
16concentration, or under the influence of any drug to a degree that renders the person
17incapable of safely driving,
as those or substantially similar terms are used in that
18jurisdiction's laws.
SB338, s. 29 19Section 29. 343.44 (1) (a) and (b) of the statutes are amended to read:
SB338,24,420 343.44 (1) (a) Operating while suspended. No person whose operating privilege
21has been duly suspended under the laws of this state may operate a motor vehicle
22upon any highway in this state during the period of suspension or in violation of any
23restriction on an occupational license issued to the person during the period of
24suspension. A person's knowledge that his or her operating privilege is suspended
25is not an element of the offense under this paragraph. In this paragraph, "restriction

1on an occupational license" means restrictions imposed under s. 343.10 (5) (a) as to
2hours of the day, area, routes or purpose of travel, vehicles allowed to be operated,
3use of an ignition interlock device, sobriety, or use of alcohol, controlled substances
4or controlled substance analogs
an intoxicant.
SB338,24,135 (b) Operating while revoked. No person whose operating privilege has been
6duly revoked under the laws of this state may knowingly operate a motor vehicle
7upon any highway in this state during the period of revocation or in violation of any
8restriction on an occupational license issued to the person during the period of
9revocation. In this paragraph, "restriction on an occupational license" means
10restrictions imposed under s. 343.10 (5) (a) as to hours of the day, area, routes or
11purpose of travel, vehicles allowed to be operated, use of an ignition interlock device,
12sobriety, or use of alcohol, controlled substances or controlled substance analogs an
13intoxicant
.
SB338, s. 30 14Section 30. 344.576 (2) (b) and (c) of the statutes are amended to read:
SB338,24,1715 344.576 (2) (b) The damage occurs while the renter or authorized driver
16operates the private passenger vehicle in this state while under the influence of an
17intoxicant or other drug, as described under s. 346.63 (1) (a) or (b) or (2m).
SB338,24,2018 (c) The damage occurs while the renter or authorized driver operates the
19private passenger vehicle in another state while under the influence of an intoxicant
20or other drug, as described in the laws of that state.
SB338, s. 31 21Section 31. 345.24 (1) of the statutes is amended to read:
SB338,25,322 345.24 (1) A person arrested under s. 346.63 (1) or (5) or an ordinance in
23conformity therewith or s. 346.63 (2) or (6) or 940.25, or s. 940.09 where the offense
24involved the use of a vehicle, may not be released until 12 hours have elapsed from
25the time of his or her arrest or unless a chemical test administered under s. 343.305

1shows that the person has an alcohol concentration of less than 0.04 0.02, but the
2person may be released to his or her attorney, spouse, relative, or other responsible
3adult 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.
SB338, s. 32 4Section 32. 346.17 (3) (b) of the statutes is amended to read:
SB338,25,85 346.17 (3) (b) If the violation results in bodily harm, as defined in s. 939.22 (4),
6to another, or causes damage to the property of another, as defined in s. 939.22 (28),
7the person shall be fined not less than $1,000 nor more than $10,000 and may be
8imprisoned for not more than 3 years.
SB338, s. 33 9Section 33. 346.17 (3) (c) of the statutes is amended to read:
SB338,25,1210 346.17 (3) (c) If the violation results in great bodily harm, as defined in s. 939.22
11(14),
to another, the person shall be fined not less than $1,100 nor more than $10,000
12and may be imprisoned for not more than 3 years.
SB338, s. 34 13Section 34. 346.61 of the statutes is amended to read:
SB338,25,22 14346.61 Applicability of sections relating to reckless and drunken
15driving.
In addition to being applicable upon highways, ss. 346.62 to 346.64 are
16applicable upon all premises held out to the public for use of their motor vehicles, all
17premises provided by employers to employees for the use of their motor vehicles and
18all premises provided to tenants of rental housing in buildings of 4 or more units for
19the use of their motor vehicles, whether such premises are publicly or privately
20owned and whether or not a fee is charged for the use thereof. Sections 346.62 to
21346.64 do not apply to private parking areas at farms or single-family residences
and
22frozen 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.
SB338, s. 35 1Section 35. 346.62 (1) (a) and (b) of the statutes are repealed.
SB338, s. 36 2Section 36. 346.63 (title) of the statutes is amended to read:
SB338,26,3 3346.63 (title) Operating under influence of intoxicant or other drug.
SB338, s. 37 4Section 37 . 346.63 (1) (a) and (b) of the statutes are amended to read:
SB338,26,115 346.63 (1) (a) Under the influence of an intoxicant , a controlled substance, a
6controlled substance analog or any combination of an intoxicant, a controlled
7substance and a controlled substance analog, under the influence of any other drug
8to a degree which renders him or her incapable of safely driving, or under the
9combined influence of an intoxicant and any other drug to a degree which renders
10him or her incapable of safely driving; or
. A violation of this paragraph is not an
11included offense of s. 346.63 (2), 940.09 (1), or 940.25 (1)
.
SB338,26,1312 (b) The person has a prohibited alcohol concentration. A violation of this
13paragraph 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.
SB338, s. 38 14Section 38 . 346.63 (2) (a) (intro.) and 1. and (b) of the statutes are amended
15to read:
SB338,26,1716 346.63 (2) (a) (intro.) It is unlawful for any person to cause injury bodily harm
17to another person by the operation of a vehicle while:
SB338,27,6
11. Under the influence of an intoxicant, a controlled substance, a controlled
2substance analog or any combination of an intoxicant, a controlled substance and a
3controlled substance analog, under the influence of any other drug to a degree which
4renders him or her incapable of safely driving, or under the combined influence of an
5intoxicant and any other drug to a degree which renders him or her incapable of
6safely driving
; or
SB338,27,157 (b) In an action under this subsection, the defendant has a defense if he or she
8proves by a preponderance of the evidence that the injury bodily harm would have
9occurred even if he or she had been exercising due care and he or she had not been
10under the influence of an intoxicant, a controlled substance, a controlled substance
11analog or a combination thereof, under the influence of any other drug to a degree
12which renders him or her incapable of safely driving, or under the combined
13influence of an intoxicant and any other drug to a degree which renders him or her
14incapable of safely driving
or did not have a prohibited alcohol concentration
15described 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.
SB338, s. 39 16Section 39 . 346.63 (6) (a) and (c) of the statutes are amended to read:
SB338,27,1917 346.63 (6) (a) No person may cause injury bodily harm to another person by the
18operation of a commercial motor vehicle while the person has an alcohol
19concentration of 0.04 or more but less than 0.1.
SB338,28,520 (c) Under par. (a), the person charged has a defense if it appears by a
21preponderance of the evidence that the injury bodily harm would have occurred even
22if he or she had not been under the influence of an intoxicant, a controlled substance,

1a controlled substance analog or a combination thereof, under the influence of any
2other drug to a degree which renders him or her incapable of safely driving, or under
3the combined influence of an intoxicant and any other drug to a degree which renders
4him or her incapable of safely driving
or did not have an alcohol concentration
5described under par. (a).
SB338, s. 40 6Section 40. 346.637 (1) and (2) of the statutes are amended to read:
SB338,28,107 346.637 (1) The laws relating to operating a motor vehicle and drinking
8alcohol,
using controlled substances or controlled substance analogs, or using any
9combination of alcohol, controlled substances and controlled substance analogs
an
10intoxicant
.
SB338,28,13 11(2) The effects of alcohol, controlled substances or controlled substance
12analogs,
an intoxicant or the use of them in any combination an intoxicant, on a
13person's ability to operate a motor vehicle.
SB338, s. 41 14Section 41. 346.65 (2) (e) of the statutes is amended to read:
SB338,28,2115 346.65 (2) (e) Except as provided in pars. (f) and (g), shall be fined not less than
16$600 nor more than $2,000 and imprisoned for not less than 6 months nor more than
175 7 years and 6 months if the number of convictions under ss. 940.09 (1) and 940.25
18in the person's lifetime, plus the total number of suspensions, revocations, and other
19convictions counted under s. 343.307 (1), equals 5 or more, except that suspensions,
20revocations, or convictions arising out of the same incident or occurrence shall be
21counted as one.
Note: This Section increases the maximum term of imprisonment for a person
with 5 or more suspensions, revocations and convictions related to intoxicated operation
from 5 years to 7 years and 6 months. The increase is similar to adjustments made in 1997
Wisconsin Act 283
.
SB338, s. 42 22Section 42. 346.65 (2) (g) 4. of the statutes is created to read:
SB338,29,2
1346.65 (2) (g) 4. The increased fines provided in this paragraph do not apply
2if a person convicted is subject to par. (f).
Note: Current law provides that if a person is convicted of operating a motor
vehicle while intoxicated, and if a minor passenger under 16 years of age is in or on a
vehicle at the time of the violation, the applicable minimum and maximum forfeitures,
fines or imprisonment for the convictions are doubled. Also, the applicable minimum and
maximum fines will be doubled, tripled or quadrupled if the operator of the motor vehicle
had an alcohol concentration of 0.17 to 0.199, 0.20 to 0.249, or 0.25 or above, respectively.
This draft clarifies that the increased fines for increasing alcohol concentrations may not
be applied if the penalty relating to a minor passenger under the age of 16 years is
applicable to the offense.
SB338, s. 43 3Section 43. 346.65 (2g) (b) and (c) and (2i) of the statutes are amended to read:
SB338,29,184 346.65 (2g) (b) The court may require a person ordered to perform community
5service work under par. (a) or (ag), or under s. 973.05 (3) (a) if that person's fine
6resulted from violating s. 346.63 (2), 940.09 (1), or 940.25, to participate in
7community service work that demonstrates the adverse effects of substance abuse
8or of operating a vehicle while under the influence of an intoxicant or other drug,
9including working at an alcoholism treatment facility approved under s. 51.45, an
10emergency room of a general hospital, or a driver awareness program under s.
11346.637. The court may order the person to pay a reasonable fee, based on the
12person's ability to pay, to offset the cost of establishing, maintaining , and monitoring
13the community service work ordered under this paragraph. If the opportunities
14available to perform community service work are fewer in number than the number
15of defendants eligible under this subsection, the court shall, when making an order
16under this paragraph, give preference to defendants who were under 21 years of age
17at the time of the offense. All provisions of par. (am) apply to any community service
18work ordered under this paragraph.
SB338,30,919 (c) If there was a minor passenger under 16 years of age in the motor vehicle
20or commercial motor vehicle at the time of the violation that gave rise to the

1conviction, the court may require a person ordered to perform community service
2work under par. (a) or (ag), or under s. 973.05 (3) (a) if that person's fine resulted from
3violating s. 346.63 (2), (5) (a), or (6) (a), 940.09 (1), or 940.25, to participate in
4community service work that benefits children or that demonstrates the adverse
5effects on children of substance abuse or of operating a vehicle while under the
6influence of an intoxicant or other drug. The court may order the person to pay a
7reasonable fee, based on the person's ability to pay, to offset the cost of establishing,
8maintaining, and monitoring the community service work ordered under this
9paragraph.
SB338,31,9 10(2i) In addition to the authority of the court under sub. (2g) and s. 973.05 (3)
11(a), the court may order a defendant subject to sub. (2), or a defendant subject to s.
12973.05 (3) (a) who violated s. 346.63 (2), 940.09 (1), or 940.25, to visit a site that
13demonstrates the adverse effects of substance abuse or of operating a vehicle while
14under the influence of an intoxicant or other drug, including an alcoholism treatment
15facility approved under s. 51.45 or an emergency room of a general hospital in lieu
16of part or all of any forfeiture imposed or in addition to any penalty imposed. The
17court may order the defendant to pay a reasonable fee, based on the person's ability
18to pay, to offset the costs of establishing, maintaining, and monitoring the visits
19ordered under this subsection. The court may order a visit to the site only if agreed
20to by the person responsible for the site. If the opportunities available to visit sites
21under this subsection are fewer than the number of defendants eligible for a visit,
22the court shall, when making an order under this subsection, give preference to
23defendants who were under 21 years of age at the time of the offense. The court shall
24ensure that the visit is monitored. A visit to a site may be ordered for a specific time
25and a specific day to allow the defendant to observe victims of vehicle accidents

1involving intoxicated drivers. If it appears to the court that the defendant has not
2complied with the court order to visit a site or to pay a reasonable fee, the court may
3order the defendant to show cause why he or she should not be held in contempt of
4court. Any organization or agency acting in good faith to which a defendant is
5assigned pursuant to an order under this subsection has immunity from any civil
6liability in excess of $25,000 for acts or omissions by or impacting on the defendant.
7The issuance or possibility of the issuance of an order under this subsection does not
8entitle an indigent defendant who is subject to sub. (2) (a) to representation by
9counsel under ch. 977.
SB338, s. 44 10Section 44. 346.65 (2q) and (2u) (a) of the statutes are amended to read:
SB338,31,1311 346.65 (2q) Any person violating s. 346.63 (2m) shall forfeit $10. If there was
12a minor passenger under 16 years of age in the motor vehicle at the time of the
13violation that gave rise to the conviction under 346.63 (2m), the forfeiture is $20
$50.
SB338,31,14 14(2u) (a) Any person violating s. 346.63 (7) shall forfeit $10 $50.
Note: Current law provides that a person under the legal drinking age must forfeit
$10 if the person drives or operates a motor vehicle while the person has an alcohol
concentration of more than 0.0 but not more than 0.1. If a minor passenger under 16 years
of age is in the motor vehicle, the forfeiture is $20. This Section amends s. 346.65 (2q),
stats., to provide that a violation of this absolute sobriety provision will result in a
forfeiture of $50, regardless of whether there was a minor passenger in the motor vehicle
at the time of the violation.
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