The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB458, s. 1 1Section 1. 23.33 (1) (jo) of the statutes is created to read:
AB458,3,22 23.33 (1) (jo) "Restricted controlled substance" means any of the following:
AB458,3,43 1. A controlled substance included in schedule I under ch. 961 other than a
4tetrahydrocannabinol.
AB458,3,65 2. A controlled substance analog, as defined in s. 961.01 (4m), of a controlled
6substance described in subd. 1.
AB458,3,77 3. Cocaine or any of its metabolites.
AB458,3,88 4. Methamphetamine.
AB458,3,99 5. Delta-9-tetrahydrocannabinol.
AB458, s. 2
1Section 2. 23.33 (4c) (a) 2m. of the statutes is created to read:
AB458,4,42 23.33 (4c) (a) 2m. `Operating with a restricted controlled substance.' No person
3may engage in the operation of an all-terrain vehicle while the person has a
4detectable amount of a restricted controlled substance in his or her blood.
AB458, s. 3 5Section 3. 23.33 (4c) (a) 4. of the statutes is amended to read:
AB458,4,156 23.33 (4c) (a) 4. `Related charges.' A person may be charged with and a
7prosecutor may proceed upon a complaint based upon a violation of subd. 1. or 2. or
8both
any combination of subd. 1., 2., or 2m. for acts arising out of the same incident
9or occurrence. If the person is charged with violating both subds. 1. and 2. any
10combination of subd. 1., 2., or 2m.
, the offenses shall be joined. If the person is found
11guilty of both subds. 1. and 2. any combination of subd. 1., 2., or 2m. for acts arising
12out of the same incident or occurrence, there shall be a single conviction for purposes
13of sentencing and for purposes of counting convictions under sub. (13) (b) 2. and 3.
14Subdivisions 1. and, 2., and 2m. each require proof of a fact for conviction which the
15other does others do not require.
AB458, s. 4 16Section 4. 23.33 (4c) (a) 5. of the statutes is created to read:
AB458,4,2217 23.33 (4c) (a) 5. `Defenses.' In an action under subd. 2m. that is based on the
18defendant allegedly having a detectable amount of methamphetamine or
19delta-9-tetrahydrocannabinol in his or her blood, the defendant has a defense if he
20or she proves by a preponderance of the evidence that at the time of the incident or
21occurrence he or she had a valid prescription for methamphetamine or one of its
22metabolic precursors or delta-9-tetrahydrocannabinol.
AB458, s. 5 23Section 5. 23.33 (4c) (b) 2m. of the statutes is created to read:
AB458,5,224 23.33 (4c) (b) 2m. `Causing injury while operating with a restricted controlled
25substance.' No person who has a detectable amount of a restricted controlled

1substance in his or her blood may cause injury to another person by the operation of
2an all-terrain vehicle.
AB458, s. 6 3Section 6. 23.33 (4c) (b) 3. of the statutes is amended to read:
AB458,5,134 23.33 (4c) (b) 3. `Related charges.' A person may be charged with and a
5prosecutor may proceed upon a complaint based upon a violation of subd. 1. or 2. or
6both
any combination of subd. 1., 2., or 2m. for acts arising out of the same incident
7or occurrence. If the person is charged with violating both subds. 1. and 2. any
8combination of subd. 1., 2., or 2m.
in the complaint, the crimes shall be joined under
9s. 971.12. If the person is found guilty of both subds. 1. and 2. any combination of
10subd. 1, 2., or 2m.
for acts arising out of the same incident or occurrence, there shall
11be a single conviction for purposes of sentencing and for purposes of counting
12convictions under sub. (13) (b) 2. and 3. Subdivisions 1. and, 2., and 2m. each require
13proof of a fact for conviction which the other does others do not require.
AB458, s. 7 14Section 7. 23.33 (4c) (b) 4. of the statutes is renumbered 23.33 (4c) (b) 4. a. and
15amended to read:
AB458,5,2116 23.33 (4c) (b) 4. a. `Defenses.' In an action under this paragraph, the defendant
17has a defense if he or she proves by a preponderance of the evidence that the injury
18would have occurred even if he or she had been exercising due care and he or she had
19not been under the influence of an intoxicant or, did not have an alcohol
20concentration of 0.1 or more, or did not have a detectable amount of a restricted
21controlled substance in his or her blood
.
AB458, s. 8 22Section 8. 23.33 (4c) (b) 4. b. of the statutes is created to read:
AB458,6,323 23.33 (4c) (b) 4. b. In an action under subd. 2m. that is based on the defendant
24allegedly having a detectable amount of methamphetamine or
25delta-9-tetrahydrocannabinol in his or her blood, the defendant has a defense if he

1or she proves by a preponderance of the evidence that at the time of the incident or
2occurrence he or she had a valid prescription for methamphetamine or one of its
3metabolic precursors or delta-9-tetrahydrocannabinol.
AB458, s. 9 4Section 9. 23.33 (4p) (d) of the statutes is amended to read:
AB458,6,145 23.33 (4p) (d) Admissibility; effect of test results; other evidence. The results
6of a chemical test required or administered under par. (a), (b) or (c) are admissible
7in any civil or criminal action or proceeding arising out of the acts committed by a
8person alleged to have violated the intoxicated operation of an all-terrain vehicle law
9on the issue of whether the person was under the influence of an intoxicant or the
10issue of whether the person had alcohol concentrations at or above specified levels
11or a detectable amount of a restricted controlled substance in his or her blood.
12Results of these chemical tests shall be given the effect required under s. 885.235.
13This subsection does not limit the right of a law enforcement officer to obtain
14evidence by any other lawful means.
AB458, s. 10 15Section 10. 23.33 (13) (b) 1. of the statutes is amended to read:
AB458,6,1816 23.33 (13) (b) 1. Except as provided under subds. 2. and 3., a person who
17violates sub. (4c) (a) 1. or, 2., or 2m. or (4p) (e) shall forfeit not less than $150 nor more
18than $300.
AB458, s. 11 19Section 11. 23.33 (13) (b) 2. of the statutes is amended to read:
AB458,6,2420 23.33 (13) (b) 2. Except as provided under subd. 3., a person who violates sub.
21(4c) (a) 1. or, 2., or 2m. or (4p) (e) and who, within 5 years prior to the arrest for the
22current violation, was convicted previously under the intoxicated operation of an
23all-terrain vehicle law or the refusal law shall be fined not less than $300 nor more
24than $1,000 and shall be imprisoned not less than 5 days nor more than 6 months.
AB458, s. 12 25Section 12. 23.33 (13) (b) 3. of the statutes is amended to read:
AB458,7,5
123.33 (13) (b) 3. A person who violates sub. (4c) (a) 1. or, 2., or 2m. or (4p) (e)
2and who, within 5 years prior to the arrest for the current violation, was convicted
32 or more times previously under the intoxicated operation of an all-terrain vehicle
4law or refusal law shall be fined not less than $600 nor more than $2,000 and shall
5be imprisoned not less than 30 days nor more than one year in the county jail.
AB458, s. 13 6Section 13. 30.50 (10m) of the statutes is created to read:
AB458,7,77 30.50 (10m) "Restricted controlled substance" means any of the following:
AB458,7,98 (a) A controlled substance included in schedule I under ch. 961 other than a
9tetrahydrocannabinol.
AB458,7,1110 (b) A controlled substance analog, as defined in s. 961.01 (4m), of a controlled
11substance described in par. (a).
AB458,7,1212 (c) Cocaine or any of its metabolites.
AB458,7,1313 (d) Methamphetamine.
AB458,7,1414 (e) Delta-9-tetrahydrocannabinol.
AB458, s. 14 15Section 14. 30.681 (1) (b) (title) of the statutes is amended to read:
AB458,7,1716 30.681 (1) (b) (title) Operating with after using a controlled substance or alcohol
17concentrations at or above specified levels.
AB458, s. 15 18Section 15. 30.681 (1) (b) 1m. of the statutes is created to read:
AB458,7,2119 30.681 (1) (b) 1m. No person may engage in the operation of a motorboat while
20the person has a detectable amount of a restricted controlled substance in his or her
21blood.
AB458, s. 16 22Section 16. 30.681 (1) (c) of the statutes is amended to read:
AB458,8,723 30.681 (1) (c) Related charges. A person may be charged with and a prosecutor
24may proceed upon a complaint based upon a violation of par. (a) or (b) or both any
25combination of par. (a) or (b) 1., 1m., or 2.
for acts arising out of the same incident or

1occurrence. If the person is charged with violating both pars. (a) and (b) any
2combination of par. (a) or (b) 1., 1m., or 2.
, the offenses shall be joined. If the person
3is found guilty of both pars. (a) and (b) any combination of par. (a) or (b) 1., 1m., or
42.
for acts arising out of the same incident or occurrence, there shall be a single
5conviction for purposes of sentencing and for purposes of counting convictions under
6s. 30.80 (6) (a) 2. and 3. Paragraphs (a) and (b) 1., 1m., and 2. each require proof of
7a fact for conviction which the other does others do not require.
AB458, s. 17 8Section 17. 30.681 (1) (d) of the statutes is created to read:
AB458,8,149 30.681 (1) (d) Defenses. In an action under par. (b) 1m. that is based on the
10defendant allegedly having a detectable amount of methamphetamine or
11delta-9-tetrahydrocannabinol in his or her blood, the defendant has a defense if he
12or she proves by a preponderance of the evidence that at the time of the incident or
13occurrence he or she had a valid prescription for methamphetamine or one of its
14metabolic precursors or delta-9-tetrahydrocannabinol.
AB458, s. 18 15Section 18. 30.681 (2) (b) (title) of the statutes is amended to read:
AB458,8,1716 30.681 (2) (b) (title) Causing injury with after using a controlled substance or
17alcohol
concentrations at or above specified levels.
AB458, s. 19 18Section 19. 30.681 (2) (b) 1m. of the statutes is created to read:
AB458,8,2119 30.681 (2) (b) 1m. No person who has a detectable amount of a restricted
20controlled substance in his or her blood may cause injury to another person by the
21operation of a motorboat.
AB458, s. 20 22Section 20. 30.681 (2) (c) of the statutes is amended to read:
AB458,9,823 30.681 (2) (c) Related charges. A person may be charged with and a prosecutor
24may proceed upon a complaint based upon a violation of par. (a) or (b) or both any
25combination of par. (a) or (b) 1., 1m., or 2.
for acts arising out of the same incident or

1occurrence. If the person is charged with violating both pars. (a) and (b) any
2combination of par. (a) or (b) 1., 1m., or 2.
in the complaint, the crimes shall be joined
3under s. 971.12. If the person is found guilty of both pars. (a) and (b) any combination
4of par. (a) or (b) 1., 1m., or 2.
for acts arising out of the same incident or occurrence,
5there shall be a single conviction for purposes of sentencing and for purposes of
6counting convictions under s. 30.80 (6) (a) 2. and 3. Paragraphs (a) and (b) 1., 1m.,
7and 2.
each require proof of a fact for conviction which the other does others do not
8require.
AB458, s. 21 9Section 21. 30.681 (2) (d) 1. of the statutes is renumbered 30.681 (2) (d) 1. a.
10and amended to read:
AB458,9,1711 30.681 (2) (d) 1. a. In an action under this subsection for a violation of the
12intoxicated boating law where the defendant was operating a motorboat that is not
13a commercial motorboat, the defendant has a defense if he or she proves by a
14preponderance of the evidence that the injury would have occurred even if he or she
15had been exercising due care and he or she had not been under the influence of an
16intoxicant or did not have an alcohol concentration of 0.1 or more or a detectable
17amount of a restricted controlled substance in his or her blood
.
AB458, s. 22 18Section 22. 30.681 (2) (d) 1. b. of the statutes is created to read:
AB458,9,2419 30.681 (2) (d) 1. b. In an action under par. (b) 1m. that is based on the defendant
20allegedly having a detectable amount of methamphetamine or
21delta-9-tetrahydrocannabinol in his or her blood, the defendant has a defense if he
22or she proves by a preponderance of the evidence that at the time of the incident or
23occurrence he or she had a valid prescription for methamphetamine or one of its
24metabolic precursors or delta-9-tetrahydrocannabinol.
AB458, s. 23 25Section 23. 30.684 (4) of the statutes is amended to read:
AB458,10,9
130.684 (4) Admissibility; effect of test results; other evidence. The results
2of a chemical test required or administered under sub. (1), (2) or (3) are admissible
3in any civil or criminal action or proceeding arising out of the acts committed by a
4person alleged to have violated the intoxicated boating law on the issue of whether
5the person was under the influence of an intoxicant or the issue of whether the person
6had alcohol concentrations at or above specified levels or a detectable amount of a
7restricted controlled substance in his or her blood
. Results of these chemical tests
8shall be given the effect required under s. 885.235. This section does not limit the
9right of a law enforcement officer to obtain evidence by any other lawful means.
AB458, s. 24 10Section 24. 340.01 (50m) of the statutes is created to read:
AB458,10,1111 340.01 (50m) "Restricted controlled substance" means any of the following:
AB458,10,1312 (a) A controlled substance included in schedule I under ch. 961 other than a
13tetrahydrocannabinol.
AB458,10,1514 (b) A controlled substance analog, as defined in s. 961.01 (4m), of a controlled
15substance described in par. (a).
AB458,10,1616 (c) Cocaine or any of its metabolites.
AB458,10,1717 (d) Methamphetamine.
AB458,10,1818 (e) Delta-9-tetrahydrocannabinol.
AB458, s. 25 19Section 25. 343.305 (5) (e) of the statutes is created to read:
AB458,11,220 343.305 (5) (e) At the trial of any civil or criminal action or proceeding arising
21out of the acts committed by a person alleged to have been driving or operating a
22motor vehicle while having a detectable amount of a restricted controlled substance
23in his or her blood, the results of a blood test administered in accordance with this
24section are admissible on any issue relating to the presence of a detectable amount

1of a restricted controlled substance in the person's blood. Test results shall be given
2the effect required under s. 885.235.
AB458, s. 26 3Section 26. 343.305 (7) (a) of the statutes is amended to read:
AB458,11,104 343.305 (7) (a) If a person submits to chemical testing administered in
5accordance with this section and any test results indicate the presence of a detectable
6amount of a restricted controlled substance in the person's blood or
a prohibited
7alcohol concentration, the law enforcement officer shall report the results to the
8department and take possession of the person's license and forward it to the
9department. The person's operating privilege is administratively suspended for 6
10months.
AB458, s. 27 11Section 27. 343.305 (8) (b) 2. bm. and d. of the statutes are amended to read:
AB458,11,1412 343.305 (8) (b) 2. bm. Whether the person had a prohibited alcohol
13concentration or a detectable amount of a restricted controlled substance in his or her
14blood
at the time the offense allegedly occurred.
AB458,11,1815 d. If one or more tests were administered in accordance with this section,
16whether each of the test results for those tests indicate the person had a prohibited
17alcohol concentration or a detectable amount of a restricted controlled substance in
18his or her blood
.
AB458, s. 28 19Section 28. 343.305 (8) (b) 2. g. of the statutes is created to read:
AB458,11,2220 343.305 (8) (b) 2. g. Whether the person had a valid prescription for
21methamphetamine or one of its metabolic precursors in a case in which subd. 4m. a.
22and b. apply.
AB458, s. 29 23Section 29. 343.305 (8) (b) 4m. of the statutes is created to read:
AB458,12,224 343.305 (8) (b) 4m. If, at the time the offense allegedly occurred, all of the
25following apply, the hearing officer shall determine whether the person had a valid

1prescription for methamphetamine or one of its metabolic precursors or
2delta-9-tetrahydrocannabinol:
AB458,12,63 a. A blood test administered in accordance with this section indicated that the
4person had a detectable amount of methamphetamine or
5delta-9-tetrahydrocannabinol but did not have a detectable amount of any other
6restricted controlled substance in his or her blood.
AB458,12,87 b. No test administered in accordance with this section indicated that the
8person had a prohibited alcohol concentration.
AB458, s. 30 9Section 30. 343.305 (8) (b) 5. of the statutes is renumbered 343.305 (8) (b) 5.
10(intro.) and amended to read:
AB458,12,1611 343.305 (8) (b) 5. (intro.) If the hearing examiner finds that the criteria for
12administrative suspension have not been satisfied or that the person did not have a
13prohibited alcohol concentration at the time the offense allegedly occurred
any of the
14following applies
, the examiner shall order that the administrative suspension of the
15person's operating privilege be rescinded without payment of the fee under s. 343.21
16(1) (j).:
AB458,12,21 176. If the hearing examiner finds that the criteria for administrative suspension
18have been satisfied and that the person had a prohibited alcohol concentration at the
19time the offense allegedly occurred
all of the following apply, the administrative
20suspension shall continue regardless of the type of vehicle driven or operated at the
21time of the violation.:
AB458,13,2 227. The hearing examiner shall notify the person in writing of the hearing
23decision, of the right to judicial review and of the court's authority to issue a stay of
24the suspension under par. (c). The administrative suspension is vacated and the
25person's operating privilege shall be automatically reinstated under s. 343.39 if the

1hearing examiner fails to mail this notice to the person within 30 days after the date
2of the notification under par. (a).
AB458, s. 31 3Section 31. 343.305 (8) (b) 5. a. of the statutes is created to read:
AB458,13,54 343.305 (8) (b) 5. a. The criteria for administrative suspension have not been
5satisfied.
AB458, s. 32 6Section 32. 343.305 (8) (b) 5. b. of the statutes is created to read:
AB458,13,97 343.305 (8) (b) 5. b. The person did not have a prohibited alcohol concentration
8or a detectable amount of a restricted controlled substance in his or her blood at the
9time the offense allegedly occurred.
AB458, s. 33 10Section 33. 343.305 (8) (b) 5. c. of the statutes is created to read:
AB458,13,1311 343.305 (8) (b) 5. c. In a case in which subd. 4m. a. and b. apply, the person had
12a valid prescription for methamphetamine or one of its metabolic precursors or
13delta-9-tetrahydrocannabinol.
AB458, s. 34 14Section 34. 343.305 (8) (b) 6. a. of the statutes is created to read:
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