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15person's operating privilege be rescinded without payment of the fee under s. 343.21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:
AB458,13,1615 343.305 (8) (b) 6. a. The criteria for administrative suspension have been
16satisfied.
AB458, s. 35 17Section 35. 343.305 (8) (b) 6. b. of the statutes is created to read:
AB458,13,2018 343.305 (8) (b) 6. b. The person had a prohibited alcohol concentration or a
19detectable amount of a restricted controlled substance in his or her blood at the time
20the offense allegedly occurred.
AB458, s. 36 21Section 36. 343.305 (8) (b) 6. c. of the statutes is created to read:
AB458,13,2422 343.305 (8) (b) 6. c. In a case in which subd. 4m. a. and b. apply, the person did
23not have a valid prescription for methamphetamine or one of its metabolic precursors
24or delta-9-tetrahydrocannabinol.
AB458, s. 37 25Section 37. 343.305 (9) (a) 5. a. of the statutes is amended to read:
AB458,14,12
1343.305 (9) (a) 5. a. Whether the officer had probable cause to believe the
2person was driving or operating a motor vehicle while under the influence of alcohol,
3a controlled substance or a controlled substance analog or any combination of
4alcohol, a controlled substance and a controlled substance analog, under the
5influence of any other drug to a degree which renders the person incapable of safely
6driving, or under the combined influence of alcohol and any other drug to a degree
7which renders the person incapable of safely driving, having a restricted controlled
8substance in his or her blood,
or having a prohibited alcohol concentration or, if the
9person was driving or operating a commercial motor vehicle, an alcohol
10concentration of 0.04 or more and whether the person was lawfully placed under
11arrest for violation of s. 346.63 (1), (2m) or (5) or a local ordinance in conformity
12therewith or s. 346.63 (2) or (6), 940.09 (1) or 940.25.
AB458, s. 38 13Section 38. 343.307 (1) (d) of the statutes is amended to read:
AB458,14,2114 343.307 (1) (d) Convictions under the law of another jurisdiction that prohibits
15refusal of a person from refusing chemical testing or use of using a motor vehicle
16while intoxicated or under the influence of a controlled substance or controlled
17substance analog, or a combination thereof, or; with an excess or specified range of
18alcohol concentration, or; while under the influence of any drug to a degree that
19renders the person incapable of safely driving; or while having a detectable amount
20of a restricted controlled substance in his or her blood
, as those or substantially
21similar terms are used in that jurisdiction's laws.
AB458, s. 39 22Section 39. 343.307 (2) (e) of the statutes is amended to read:
AB458,15,523 343.307 (2) (e) Convictions under the law of another jurisdiction that prohibits
24refusal of a person from refusing chemical testing or use of using a motor vehicle
25while intoxicated or under the influence of a controlled substance or controlled

1substance analog, or a combination thereof, or ; with an excess or specified range of
2alcohol concentration, or; while under the influence of any drug to a degree that
3renders the person incapable of safely driving; or while having a detectable amount
4of a restricted controlled substance in his or her blood
, as those or substantially
5similar terms are used in that jurisdiction's laws.
AB458, s. 40 6Section 40. 343.307 (3) of the statutes is amended to read:
AB458,15,147 343.307 (3) If the same elements of the offense must be proven under a local
8ordinance or under a law of a federally recognized American Indian tribe or band in
9this state as under s. 346.63 (1) (a), (am), or (b) or both, any combination of s. 346.63
10(1) (a), (am), or (b)
, or s. 346.63 (5), the local ordinance or the law of a federally
11recognized American Indian tribe or band in this state shall be considered to be in
12conformity with s. 346.63 (1) (a), (am), or (b) or both, any combination of s. 346.63 (1)
13(a), (am), or (b)
, or s. 346.63 (5), for purposes of ss. 343.30 (1q) (b) 1., 343.305 (10) (b)
141. and 346.65 (2) and (2j).
AB458, s. 41 15Section 41. 343.31 (1) (am) of the statutes is amended to read:
AB458,15,2416 343.31 (1) (am) Injury by the operation of a vehicle while under the influence
17of an intoxicant, a controlled substance or a controlled substance analog, or any
18combination of an intoxicant, a controlled substance and a controlled substance
19analog, under the influence of any other drug to a degree which renders him or her
20incapable of safely driving, or under the combined influence of an intoxicant and any
21other drug to a degree which renders him or her incapable of safely driving or while
22the person has a detectable amount of a restricted controlled substance in his or her
23blood or has
a prohibited alcohol concentration and which is criminal under s. 346.63
24(2).
AB458, s. 42 25Section 42. 343.31 (2) of the statutes is amended to read:
AB458,16,15
1343.31 (2) The department shall revoke the operating privilege of any resident
2upon receiving notice of the conviction of such person in another jurisdiction for an
3offense therein which, if committed in this state, would have been cause for
4revocation under this section or for revocation under s. 343.30 (1q). Such offenses
5shall include violation of any law of another jurisdiction that prohibits use of a person
6from using
a motor vehicle while intoxicated or under the influence of a controlled
7substance or controlled substance analog, or a combination thereof , or; with an
8excess or specified range of alcohol concentration, or ; while under the influence of any
9drug to a degree that renders the person incapable of safely driving ; or while having
10a detectable amount of a restricted controlled substance in his or her blood
, as those
11or substantially similar terms are used in that jurisdiction's laws. Upon receiving
12similar notice with respect to a nonresident, the department shall revoke the
13privilege of the nonresident to operate a motor vehicle in this state. Such revocation
14shall not apply to the operation of a commercial motor vehicle by a nonresident who
15holds a valid commercial driver license issued by another state.
AB458, s. 43 16Section 43. 343.315 (2) (a) 1m. of the statutes is created to read:
AB458,16,2217 343.315 (2) (a) 1m. Section 346.63 (1) (am) or a local ordinance in conformity
18therewith or a law of a federally recognized American Indian tribe or band in this
19state in conformity with s. 346.63 (1) (am) or the law of another jurisdiction that
20prohibits a person from driving or operating a commercial motor vehicle while
21having a detectable amount of a restricted controlled substance in his or her blood,
22as those or substantially similar terms are used in that jurisdiction's laws.
AB458, s. 44 23Section 44. 343.315 (2) (a) 5. of the statutes is amended to read:
AB458,17,524 343.315 (2) (a) 5. Section 343.305 (9) or a local ordinance in conformity
25therewith or a law of a federally recognized American Indian tribe or band in this

1state in conformity with s. 343.305 (9) or the law of another jurisdiction prohibiting
2refusal of a person driving or operating a motor vehicle to submit to chemical testing
3to determine the person's alcohol concentration or intoxication or the amount of a
4restricted controlled substance in the person's blood
, as those or substantially
5similar terms are used in that jurisdiction's laws.
AB458, s. 45 6Section 45. 343.315 (2) (a) 6. of the statutes is amended to read:
AB458,17,177 343.315 (2) (a) 6. Section 346.63 (2) or (6), 940.09 (1) or 940.25 or a law of a
8federally recognized American Indian tribe or band in this state in conformity with
9s. 346.63 (2) or (6), 940.09 (1) or 940.25, or the law of another jurisdiction prohibiting
10causing or inflicting injury, great bodily harm or death through use of a motor vehicle
11while intoxicated or under the influence of alcohol, a controlled substance, a
12controlled substance analog or a combination thereof, or with an alcohol
13concentration of 0.04 or more or with an excess or specified range of alcohol
14concentration, or while under the influence of any drug to a degree that renders the
15person incapable of safely driving, or while having a detectable amount of a
16restricted controlled substance in the person's blood
, as those or substantially
17similar terms are used in that jurisdiction's laws.
AB458, s. 46 18Section 46. 344.576 (2) (b) of the statutes is amended to read:
AB458,17,2119 344.576 (2) (b) The damage occurs while the renter or authorized driver
20operates the private passenger vehicle in this state while under the influence of an
21intoxicant or other drug, as described under s. 346.63 (1) (a), (am), or (b) or (2m).
AB458, s. 47 22Section 47. 346.63 (1) (am) of the statutes is created to read:
AB458,17,2423 346.63 (1) (am) The person has a detectable amount of a restricted controlled
24substance in his or her blood.
AB458, s. 48 25Section 48. 346.63 (1) (c) of the statutes is amended to read:
AB458,18,10
1346.63 (1) (c) A person may be charged with and a prosecutor may proceed upon
2a complaint based upon a violation of par. (a) or (b) or both any combination of par.
3(a), (am), or (b)
for acts arising out of the same incident or occurrence. If the person
4is charged with violating both pars. (a) and (b) any combination of par. (a), (am), or
5(b)
, the offenses shall be joined. If the person is found guilty of both pars. (a) and (b)
6any combination of par. (a), (am), or (b) for acts arising out of the same incident or
7occurrence, there shall be a single conviction for purposes of sentencing and for
8purposes of counting convictions under ss. 343.30 (1q) and 343.305. Paragraphs (a),
9(am),
and (b) each require proof of a fact for conviction which the other does others
10do
not require.
AB458, s. 49 11Section 49. 346.63 (1) (d) of the statutes is created to read:
AB458,18,1712 346.63 (1) (d) In an action under par. (am) that is based on the defendant
13allegedly having a detectable amount of methamphetamine or
14delta-9-tetrahydrocannabinol in his or her blood, the defendant has a defense if he
15or she proves by a preponderance of the evidence that at the time of the incident or
16occurrence he or she had a valid prescription for methamphetamine or one of its
17metabolic precursors or delta-9-tetrahydrocannabinol.
AB458, s. 50 18Section 50. 346.63 (2) (a) 3. of the statutes is created to read:
AB458,18,2019 346.63 (2) (a) 3. The person has a detectable amount of a restricted controlled
20substance in his or her blood.
AB458, s. 51 21Section 51. 346.63 (2) (am) of the statutes is amended to read:
AB458,19,622 346.63 (2) (am) A person may be charged with and a prosecutor may proceed
23upon a complaint based upon a violation of par. (a) 1. or 2. or both any combination
24of par. (a) 1., 2., or 3.
for acts arising out of the same incident or occurrence. If the
25person is charged with violating par. (a) 1. and 2. any combination of par. (a) 1., 2.,

1or 3.
in the complaint, the crimes shall be joined under s. 971.12. If the person is
2found guilty of par. (a) 1. and 2. any combination of par. (a) 1., 2., or 3. for acts arising
3out of the same incident or occurrence, there shall be a single conviction for purposes
4of sentencing and for purposes of counting convictions under ss. 343.30 (1q) and
5343.305. Paragraph (a) 1. and, 2., and 3. each require proof of a fact for conviction
6which the other does others do not require.
AB458, s. 52 7Section 52. 346.63 (2) (b) of the statutes is renumbered 346.63 (2) (b) 1.
8amended to read:
AB458,19,189 346.63 (2) (b) 1. In an action under this subsection, the defendant has a defense
10if he or she proves by a preponderance of the evidence that the injury would have
11occurred even if he or she had been exercising due care and he or she had not been
12under the influence of an intoxicant, a controlled substance, a controlled substance
13analog or a combination thereof, under the influence of any other drug to a degree
14which renders him or her incapable of safely driving, or under the combined
15influence of an intoxicant and any other drug to a degree which renders him or her
16incapable of safely driving or, did not have a prohibited alcohol concentration
17described under par. (a) 2., or did not have a detectable amount of a restricted
18controlled substance in his or her blood.
AB458, s. 53 19Section 53. 346.63 (2) (b) 2. of the statutes is created to read:
AB458,19,2520 346.63 (2) (b) 2. In an action under par. (a) 3. that is based on the defendant
21allegedly having a detectable amount of methamphetamine or
22delta-9-tetrahydrocannabinol in his or her blood, the defendant has a defense if he
23or she proves by a preponderance of the evidence that at the time of the incident or
24occurrence he or she had a valid prescription for methamphetamine or one of its
25metabolic precursors or delta-9-tetrahydrocannabinol.
AB458, s. 54
1Section 54. 346.65 (2g) (c) of the statutes is amended to read:
AB458,20,142 346.65 (2g) (c) If there was a minor passenger under 16 years of age in the
3motor vehicle or commercial motor vehicle at the time of the violation that gave rise
4to the conviction, 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), (5) (a) or (6) (a), 940.09 (1) or 940.25, or under
7s. 973.05 (3) (a) if that person's fine resulted from violating s. 346.63 (1) (am) and the
8motor vehicle that the person was driving or operating was a commercial motor
9vehicle,
to participate in community service work that benefits children or that
10demonstrates the adverse effects on children of substance abuse or of operating a
11vehicle while under the influence of an intoxicant or other drug. The court may order
12the person to pay a reasonable fee, based on the person's ability to pay, to offset the
13cost of establishing, maintaining and monitoring the community service work
14ordered under this paragraph.
AB458, s. 55 15Section 55. 346.65 (2m) (a) of the statutes is amended to read:
AB458,20,2416 346.65 (2m) (a) In imposing a sentence under sub. (2) for a violation of s. 346.63
17(1) (am) or (b) or (5) or a local ordinance in conformity therewith, the court shall
18review the record and consider the aggravating and mitigating factors in the matter.
19If the level of the person's blood alcohol level amount of alcohol in the person's blood
20or urine or the amount of a restricted controlled substance in the person's blood
is
21known, the court shall consider that level amount as a factor in sentencing. The chief
22judge of each judicial administrative district shall adopt guidelines, under the chief
23judge's authority to adopt local rules under SCR 70.34, for the consideration of
24aggravating and mitigating factors.
AB458, s. 56 25Section 56. 346.65 (6) (a) 1. of the statutes is amended to read:
AB458,21,13
1346.65 (6) (a) 1. The court may order a law enforcement officer to seize the
2motor vehicle used in the violation or improper refusal and owned by the person
3whose operating privilege is revoked under s. 343.305 (10) or who committed a
4violation of s. 346.63 (1) (a), (am), or (b) or (2) (a) 1. or, 2., or 3., 940.09 (1) (a), (am),
5(b), (c), (cm), or (d), or 940.25 (1) (a), (am), (b), (c), (cm), or (d) if the person whose
6operating privilege is revoked under s. 343.305 (10) or who is convicted of the
7violation has 2 or more prior suspensions, revocations, or convictions, counting
8convictions under ss. 940.09 (1) and 940.25 in the person's lifetime, plus other
9convictions, suspensions, or revocations counted under s. 343.307 (1). The court may
10not order a motor vehicle seized if the court enters an order under s. 343.301 to
11immobilize the motor vehicle or equip the motor vehicle with an ignition interlock
12device or if seizure would result in undue hardship or extreme inconvenience or
13would endanger the health and safety of a person.
AB458, s. 57 14Section 57. 346.65 (6) (c) of the statutes is amended to read:
AB458,22,215 346.65 (6) (c) The district attorney of the county where the motor vehicle was
16seized, or where the owner improperly refused to take the test under s. 343.305 or
17violated s. 346.63 (1) (a), (am), or (b) or (2) (a) 1. or, 2., or 3., 940.09 (1) (a), (am), (b),
18(c), (cm), or (d) or 940.25 (1) (a), (am), (b), (c), (cm), or (d), shall commence an action
19to forfeit the motor vehicle within 30 days after the motor vehicle is seized. The
20action shall name the owner of the motor vehicle and all lienholders of record as
21parties. The forfeiture action shall be commenced by filing a summons, complaint
22and affidavit of the law enforcement agency with the clerk of circuit court. Upon
23service of an answer, the action shall be set for hearing within 60 days after the
24service of the answer. If no answer is served or no issue of law or fact joined and the

1time for that service or joining of issues has expired, the court may render a default
2judgment as provided in s. 806.02.
AB458, s. 58 3Section 58. 346.65 (6) (d) of the statutes is amended to read:
AB458,22,144 346.65 (6) (d) At the hearing set under par. (c), the state has the burden of
5proving to a reasonable certainty by the greater weight of the credible evidence that
6the motor vehicle seized under par. (a) 1. is a motor vehicle used in the violation or
7the improper refusal and owned by a person who committed a violation of s. 346.63
8(1) (a), (am), or (b) or (2) (a) 1. or , 2., or 3., 940.09 (1) (a), (am), (b), (c), (cm), or (d) or
9940.25 (1) (a), (am), (b), (c), (cm), or (d) and that the person had 2 or more prior
10convictions, suspensions or revocations, counting convictions under ss. 940.09 (1)
11and 940.25 in the person's lifetime, plus other convictions, suspensions or
12revocations counted under s. 343.307 (1). If the state fails to meet the burden of proof
13required under this paragraph, the motor vehicle shall be returned to the owner upon
14the payment of storage costs.
AB458, s. 59 15Section 59. 350.01 (10v) of the statutes is created to read:
AB458,22,1616 350.01 (10v) "Restricted controlled substance" means any of the following:
AB458,22,1817 (a) A controlled substance included in schedule I under ch. 961 other than a
18tetrahydrocannabinol.
AB458,22,2019 (b) A controlled substance analog, as defined in s. 961.01 (4m), of a controlled
20substance described in par. (a).
AB458,22,2121 (c) Cocaine or any of its metabolites.
AB458,22,2222 (d) Methamphetamine.
AB458,22,2323 (e) Delta-9-tetrahydrocannabinol.
AB458, s. 60 24Section 60. 350.101 (1) (bm) of the statutes is created to read:
AB458,23,3
1350.101 (1) (bm) Operating with a restricted controlled substance. No person
2may engage in the operation of a snowmobile with a detectable amount of a restricted
3controlled substance in his or her blood.
AB458, s. 61 4Section 61. 350.101 (1) (d) of the statutes is amended to read:
AB458,23,145 350.101 (1) (d) Related charges. A person may be charged with and a prosecutor
6may proceed upon a complaint based upon a violation of par. (a) or (b) or both any
7combination of par. (a), (b), or (bm)
for acts arising out of the same incident or
8occurrence. If the person is charged with violating both pars. (a) and (b) any
9combination of par. (a), (b), or (bm)
, the offenses shall be joined. If the person is found
10guilty of both pars. (a) and (b) any combination of par. (a), (b), or (bm) for acts arising
11out of the same incident or occurrence, there shall be a single conviction for purposes
12of sentencing and for purposes of counting convictions under s. 350.11 (3) (a) 2. and
133. Paragraphs (a) and, (b), and (bm) each require proof of a fact for conviction which
14the other does others do not require.
AB458, s. 62 15Section 62. 350.101 (1) (e) of the statutes is created to read:
AB458,23,2116 350.101 (1) (e) Defenses. In an action under par. (bm) that is based on the
17defendant allegedly having a detectable amount of methamphetamine or
18delta-9-tetrahydrocannabinol in his or her blood, the defendant has a defense if he
19or she proves by a preponderance of the evidence that at the time of the incident or
20occurrence he or she had a valid prescription for methamphetamine or one of its
21metabolic precursors or delta-9-tetrahydrocannabinol.
AB458, s. 63 22Section 63. 350.101 (2) (bm) of the statutes is created to read:
AB458,24,223 350.101 (2) (bm) Causing injury while operating a snowmobile with a
24detectable amount of a restricted controlled substance.
No person who has a

1detectable amount of a restricted controlled substance in his or her blood may cause
2injury to another person by the operation of a snowmobile.
AB458, s. 64 3Section 64. 350.101 (2) (c) of the statutes is amended to read:
AB458,24,134 350.101 (2) (c) Related charges. A person may be charged with and a prosecutor
5may proceed upon a complaint based upon a violation of par. (a) or (b) or both any
6combination of par. (a), (b), or (bm)
for acts arising out of the same incident or
7occurrence. If the person is charged with violating both pars. (a) and (b) any
8combination of par. (a), (b), or (bm)
in the complaint, the crimes shall be joined under
9s. 971.12. If the person is found guilty of both pars. (a) and (b) any combination of
10par. (a), (b), or (bm)
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 s. 350.11 (3) (a) 2. and 3. Paragraphs (a) and, (b), and (bm) each
13require proof of a fact for conviction which the other does others do not require.
AB458, s. 65 14Section 65. 350.101 (2) (d) of the statutes is renumbered 350.101 (2) (d) 1. and
15amended to read:
AB458,24,2116 350.101 (2) (d) 1. In an action under this subsection, the defendant has a
17defense if he or she proves by a preponderance of the evidence that the injury would
18have occurred even if he or she had been exercising due care and he or she had not
19been under the influence of an intoxicant or did not have an alcohol concentration
20of 0.1 or more or a detectable amount of a restricted controlled substance in his or her
21blood
.
AB458, s. 66 22Section 66. 350.101 (2) (d) 2. of the statutes is created to read:
AB458,25,323 350.101 (2) (d) 2. In an action under par. (bm) 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. 67 4Section 67. 350.104 (4) of the statutes is amended to read:
AB458,25,145 350.104 (4) Admissibility; effect of test results; other evidence. The results
6of a chemical test required or administered under sub. (1), (2) or (3) 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 snowmobiling law on the issue of
9whether the person was under the influence of an intoxicant or the issue of whether
10the person had alcohol concentrations at or above specified levels or a detectable
11amount of a restricted controlled substance in his or her blood
. Results of these
12chemical tests shall be given the effect required under s. 885.235. This section does
13not limit the right of a law enforcement officer to obtain evidence by any other lawful
14means.
AB458, s. 68 15Section 68. 350.11 (3) (a) 1. of the statutes is amended to read:
AB458,25,1816 350.11 (3) (a) 1. Except as provided under subds. 2. and 3., a person who violates
17s. 350.101 (1) (a) or, (b), or (bm) or s. 350.104 (5) shall forfeit not less than $400 nor
18more than $550.
AB458, s. 69 19Section 69. 350.11 (3) (a) 2. of the statutes is amended to read:
AB458,25,2420 350.11 (3) (a) 2. Except as provided under subd. 3., a person who violates s.
21350.101 (1) (a) or, (b), or (bm) or 350.104 (5) and who, within 5 years prior to the arrest
22for the current violation, was convicted previously under the intoxicated
23snowmobiling law or the refusal law shall be fined not less than $300 nor more than
24$1,000 and shall be imprisoned not less than 5 days nor more than 6 months.
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