This bill adds a definition of a prohibited alcohol concentration as an alcohol
concentration of more than 0.02 for the two-year period after a person has committed
a first or second OWI-related offense.
6. Under current law, a trial court may, at its discretion, release a person who
has been convicted of a crime from imprisonment until the time of sentencing.
Current law also allows a sentencing court to delay the execution of a sentence of
imprisonment for up to 60 days, unless the court finds that there is legal cause to
delay the execution of the sentence for a longer period or unless the court places the
person on probation.
Under this bill, if a person has been convicted of an OWI-related offense, and
the conviction carries a minimum period of imprisonment, a court may not release
the person after conviction but before sentencing until after the person has served
at least the minimum period of imprisonment. Under the bill, a court may not delay
the execution of a sentence of imprisonment unless the court finds that there is legal
cause to delay the execution of the sentence or unless the court places the person on
probation.
7. Under current law, a person who is subject to a forfeiture or a fine for
violating most state laws or local ordinances is also liable for a variety of penalty
surcharges and court fees. In addition, a person who commits an OWI-related
offense is liable for a penalty surcharge for driver improvement programs and is
required to comply with an alcohol and other drug assessment before he or she is
eligible for reinstatement of his or her driving privileges.
Currently, a person who commits his or her first OWI-related offense and who
has a blood alcohol concentration between 0.08 and 0.099 at the time of the offense
is not liable for the surcharges or fees and does not need to comply with an alcohol
or other drug assessment program. Further, the Department of Transportation
(DOT) must purge its records of a first offense related to driving while intoxicated
after ten years; the department keeps all other records of offenses related to driving
while intoxicated permanently.
Under this bill, a person who commits his or her first OWI-related offense and
who has a blood alcohol concentration between 0.08 and 0.099 at the time of the
violation is liable for the surcharges or fees and must comply with an alcohol or other
drug assessment program before his or her driving privileges may be reinstated.
Under this bill, DOT must keep a record of this offense permanently.
Because this bill creates a new crime or revises a penalty for an existing crime,
the Joint Review Committee on Criminal Penalties may be requested to prepare a

report concerning the proposed penalty and the costs or savings that are likely to
result if the bill is enacted.
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB547, s. 1 1Section 1. 16.185 of the statutes is created to read:
AB547,4,5 216.185 Assistance to counties; operating while intoxicated. From the
3appropriation under s. 20.505 (6) (q), the department may make payments to
4counties for costs incurred relating to persons charged with offenses that are
5punishable under s. 346.65 (2) (am) 1.
AB547, s. 2 6Section 2. 20.435 (5) (q) of the statutes is created to read:
AB547,4,97 20.435 (5) (q) Intoxicated and drugged driving assistance programs. From the
8intoxicated and drugged drivers fund, the amounts in the schedule for intoxicated
9and drugged driving programs administered under s. 46.03 (44).
AB547, s. 3 10Section 3. 20.475 (1) (q) of the statutes is created to read:
AB547,4,1311 20.475 (1) (q) Prosecutions related to operating while intoxicated. From the
12intoxicated and drugged drivers fund, the amounts in the schedule for prosecutions
13under s. 978.05 (1p).
AB547, s. 4 14Section 4. 20.505 (6) (q) of the statutes is created to read:
AB547,4,1715 20.505 (6) (q) Assistance to counties related to operating while intoxicated.
16From the intoxicated and drugged drivers fund, the amounts in the schedule to
17reimburse counties under s. 16.185.
AB547, s. 5 18Section 5. 20.550 (1) (q) of the statutes is created to read:
AB547,5,3
120.550 (1) (q) Representation related to operating while intoxicated. From the
2intoxicated and drugged drivers fund, the amounts in the schedule for
3representation under s. 977.02 (2g).
AB547, s. 6 4Section 6. 20.625 (1) (q) of the statutes is created to read:
AB547,5,75 20.625 (1) (q) Operation costs related to operating while intoxicated. From the
6intoxicated and drugged drivers fund, the amounts in the schedule for circuit court
7costs under s. 753.19.
AB547, s. 7 8Section 7. 25.975 of the statutes is created to read:
AB547,5,11 925.975 Intoxicated and drugged drivers fund. There is established a
10separate nonlapsible trust fund designated as the intoxicated and drugged drivers
11fund, to consist of all moneys received under s. 139.27.
AB547, s. 8 12Section 8. 46.03 (44) of the statutes is created to read:
AB547,5,1513 46.03 (44) Intoxicated and drugged driving. From the appropriation under
14s. 20.435 (5) (q), provide services to persons charged with offenses that are
15punishable under s. 346.65 (2) (am) 1.
AB547, s. 9 16Section 9. 139.27 of the statutes is created to read:
AB547,5,19 17139.27 Revenue distribution. The first $10,000,000 collected in each fiscal
18year from the taxes imposed under s. 139.03 shall be deposited into the fund created
19under s. 25.975.
AB547, s. 10 20Section 10. 165.755 (1) (b) of the statutes is amended to read:
AB547,6,321 165.755 (1) (b) A court may not impose the crime laboratories and drug law
22enforcement surcharge under par. (a) for a violation of s. 101.123 (2) (a), (am) 1., (ar),
23(bm), (br), or (bv) or (5) (b), for a first violation of s. 23.33 (4c) (a) 2., 30.681 (1) (b) 1.,
24346.63 (1) (b), or 350.101 (1) (b), if the person who committed the violation had a blood
25alcohol concentration of 0.08 or more but less than 0.1 at the time of the violation,


1or for a violation of a state law or municipal or county ordinance involving a
2nonmoving traffic violation, a violation under s. 343.51 (1m) (b), or a safety belt use
3violation under s. 347.48 (2m).
AB547, s. 11 4Section 11. 165.85 (4r) of the statutes is created to read:
AB547,6,85 165.85 (4r) Sobriety checkpoints. (a) The board shall promulgate rules for
6administering a sobriety checkpoint program that are consistent with par. (b). No
7local authority may conduct a sobriety checkpoint program that does not comply with
8the rules established under this subsection.
AB547,6,99 (b) A sobriety checkpoint program shall:
AB547,6,1110 1. Establish a nondiscretionary system for determining which motor vehicles
11are stopped at the checkpoint.
AB547,6,1212 2. Minimize the length of time a motor vehicle is stopped.
AB547,6,1513 3. Give public notice that a sobriety checkpoint program will be in effect no
14more than 5 days before the law enforcement agency conducts the sobriety
15checkpoint.
AB547,6,1716 4. Give adequate warning to motor vehicle operators approaching the sobriety
17checkpoint that a sobriety checkpoint is being conducted.
AB547,6,1918 5. Minimize the disruption of regular traffic flow while the sobriety checkpoint
19is being conducted.
AB547,6,2120 6. Establish criteria for a motor vehicle operator to be detained beyond the
21initial stop at the sobriety checkpoint for a test under s. 343.305.
AB547,6,2222 7. Establish a fixed period of time for each sobriety checkpoint to be conducted.
AB547,6,2423 8. Require law enforcement officers to do all of the following at a sobriety
24checkpoint:
AB547,7,2
1a. Wear an official uniform that clearly identifies him or her as a law
2enforcement officer.
AB547,7,43 b. Identify himself or herself as a law enforcement officer to each motor vehicle
4operator that is stopped at the sobriety checkpoint.
AB547,7,65 c. Explain the purpose of the sobriety checkpoint to each motor vehicle operator
6that is stopped at the sobriety checkpoint.
AB547, s. 12 7Section 12. 302.372 (2) (a) (intro.) of the statutes is amended to read:
AB547,7,118 302.372 (2) (a) (intro.) Except as provided in pars. (c) and (d), a county may shall
9seek reimbursement for any expenses incurred by the county in relation to the crime
10for which a person was sentenced to a county jail, or for which the person was placed
11on probation and confined in jail, as follows:
AB547, s. 13 12Section 13. 302.46 (1) (a) of the statutes is amended to read:
AB547,7,2513 302.46 (1) (a) If a court imposes a fine or forfeiture for a violation of state law
14or for a violation of a municipal or county ordinance except for a violation of s. 101.123
15(2) (a), (am) 1., (ar), (bm), (br), or (bv) or (5), or for a first violation of s. 23.33 (4c) (a)
162., 30.681 (1) (b) 1., 346.63 (1) (b), or 350.101 (1) (b), if the person who committed the
17violation had a blood alcohol concentration of 0.08 or more but less than 0.1 at the
18time of the violation,
or for a violation of state laws or municipal or county ordinances
19involving nonmoving traffic violations, violations under s. 343.51 (1m) (b), or safety
20belt use violations under s. 347.48 (2m), the court, in addition, shall impose a jail
21surcharge under ch. 814 in an amount of 1 percent of the fine or forfeiture imposed
22or $10, whichever is greater. If multiple offenses are involved, the court shall
23determine the jail surcharge on the basis of each fine or forfeiture. If a fine or
24forfeiture is suspended in whole or in part, the court shall reduce the jail surcharge
25in proportion to the suspension.
AB547, s. 14
1Section 14. 340.01 (46m) (a) of the statutes is amended to read:
AB547,8,42 340.01 (46m) (a) If the person has 2 or fewer no prior convictions, suspensions,
3or revocations
violation, conviction, suspension, or revocation, as counted under s.
4343.307 (1), an alcohol concentration of 0.08 or more.
AB547, s. 15 5Section 15. 340.01 (46m) (am) of the statutes is created to read:
AB547,8,86 340.01 (46m) (am) If the person has one or 2 prior violations, convictions,
7suspensions, or revocations, as counted under s. 343.307 (1), within 2 years of the
8current offense, an alcohol concentration of more than 0.02.
AB547, s. 16 9Section 16. 343.23 (2) (b) of the statutes, as affected by 2009 Wisconsin Act 28,
10section 2923, is amended to read:
AB547,9,1011 343.23 (2) (b) The information specified in pars. (a) and (am) must be filed by
12the department so that the complete operator's record is available for the use of the
13secretary in determining whether operating privileges of such person shall be
14suspended, revoked, canceled, or withheld, or the person disqualified, in the interest
15of public safety. The record of suspensions, revocations, and convictions that would
16be counted under s. 343.307 (2) shall be maintained permanently, except that the
17department shall purge the record of a first violation of s. 23.33 (4c) (a) 2., 30.681 (1)
18(b) 1., 346.63 (1) (b), or 350.101 (1) (b) after 10 years, if the person who committed the
19violation had a blood alcohol concentration of 0.08 or more but less than 0.1 at the
20time of the violation, if the person does not have a commercial driver license, if the
21violation was not committed by a person operating a commercial motor vehicle, and
22if the person has no other suspension, revocation, or conviction that would be counted
23under s. 343.307 during that 10-year period
. The record of convictions for
24disqualifying offenses under s. 343.315 (2) (h) shall be maintained for at least 10
25years. The record of convictions for disqualifying offenses under s. 343.315 (2) (f), (j),

1and (L) and all records specified in par. (am), shall be maintained for at least 3 years.
2The record of convictions for disqualifying offenses under s. 343.315 (2) (a) to (e) shall
3be maintained permanently, except that 5 years after a licensee transfers residency
4to another state such record may be transferred to another state of licensure of the
5licensee if that state accepts responsibility for maintaining a permanent record of
6convictions for disqualifying offenses. Such reports and records may be cumulative
7beyond the period for which a license is granted, but the secretary, in exercising the
8power of suspension granted under s. 343.32 (2) may consider only those reports and
9records entered during the 4-year period immediately preceding the exercise of such
10power of suspension.
AB547, s. 17 11Section 17. 343.23 (2) (b) of the statutes, as affected by 2009 Wisconsin Acts
1228
, section 2924, and .... (this act), is repealed and recreated to read:
AB547,9,2513 343.23 (2) (b) The information specified in pars. (a) and (am) must be filed by
14the department so that the complete operator's record is available for the use of the
15secretary in determining whether operating privileges of such person shall be
16suspended, revoked, canceled, or withheld, or the person disqualified, in the interest
17of public safety. The record of suspensions, revocations, and convictions that would
18be counted under s. 343.307 (2) shall be maintained permanently. The record of
19convictions for disqualifying offenses under s. 343.315 (2) (h) shall be maintained for
20at least 10 years. The record of convictions for disqualifying offenses under s.
21343.315 (2) (f), (j), and (L), and all records specified in par. (am), shall be maintained
22for at least 3 years. The record of convictions for disqualifying offenses under s.
23343.315 (2) (a) to (e) shall be maintained permanently, except that 5 years after a
24licensee transfers residency to another state such record may be transferred to
25another state of licensure of the licensee if that state accepts responsibility for

1maintaining a permanent record of convictions for disqualifying offenses. Such
2reports and records may be cumulative beyond the period for which a license is
3granted, but the secretary, in exercising the power of suspension granted under s.
4343.32 (2) may consider only those reports and records entered during the 4-year
5period immediately preceding the exercise of such power of suspension. The
6department shall maintain the digital images of documents specified in s. 343.165
7(2) (a) for at least 10 years.
AB547, s. 18 8Section 18. 343.30 (1q) (c) 1. (intro.) of the statutes is amended to read:
AB547,10,199 343.30 (1q) (c) 1. (intro.) Except as provided in subd. 1. a. or b., and except for
10a first violation of s. 346.63 (1) (b), if the person who committed the violation had a
11blood alcohol concentration of 0.08 or more but less than 0.1 at the time of the
12violation,
the court shall order the person to submit to and comply with an
13assessment by an approved public treatment facility as defined in s. 51.45 (2) (c) for
14examination of the person's use of alcohol, controlled substances or controlled
15substance analogs and development of a driver safety plan for the person. The court
16shall notify the department of transportation of the assessment order. The court
17shall notify the person that noncompliance with assessment or the driver safety plan
18will result in revocation of the person's operating privilege until the person is in
19compliance. The assessment order shall:
AB547, s. 19 20Section 19. 345.20 (2) (c) of the statutes is amended to read:
AB547,10,2321 345.20 (2) (c) Sections 967.055 and 972.11 (3m) apply to traffic forfeiture
22actions for violations of s. 346.63 (1) or (5) or a local ordinance in conformity
23therewith.
AB547, s. 20 24Section 20. 346.65 (2) (am) 1. of the statutes is amended to read:
AB547,11,2
1346.65 (2) (am) 1. Shall forfeit not less than $150 nor more than $300, except
2Except as provided in subds. 2. to 5. 7. and par. (f), is guilty of a Class C misdemeanor.
AB547, s. 21 3Section 21. 346.65 (2) (f) of the statutes is amended to read:
AB547,11,104 346.65 (2) (f) If there was a minor passenger under 16 years of age in the motor
5vehicle at the time of the violation that gave rise to the conviction under s. 346.63 (1),
6the applicable minimum and maximum forfeitures, fines , or imprisonment under
7par. (am) for the conviction are doubled. An offense under s. 346.63 (1) that subjects
8a person to a penalty under par. (am) 3., 4., 5., 6., or 7. when there is a minor
9passenger under 16 years of age in the motor vehicle is a felony and the place of
10imprisonment shall be determined under s. 973.02.
AB547, s. 22 11Section 22. 346.65 (2) (h) of the statutes is created to read:
AB547,11,1812 346.65 (2) (h) Notwithstanding s. 973.03 (4) (a), a person sentenced under this
13subsection is not eligible for home detention under s. 302.425, good time under s.
14302.43, release from jail for employment under s. 303.08 (1) (b), transfer to a county
15work camp under s. 303.10, release to perform community service unless s. 973.07
16applies, probation under s. 973.09, or diminution of the sentence under s. 303.19 (3)
17until the person has been confined in a prison or jail for the minimum term of
18imprisonment for the offense.
AB547, s. 23 19Section 23. 346.65 (2c) of the statutes is amended to read:
AB547,11,2520 346.65 (2c) In sub. (2) (am) 2., 3., 4., 5., 6., and 7., the time period shall be
21measured from the dates of the refusals or violations that resulted in the revocation
22or convictions. If a person has a suspension, revocation, or conviction for any offense
23under a local ordinance or a state statute of another state that would be counted
24under s. 343.307 (1), that suspension, revocation, or conviction shall count as a prior
25suspension, revocation, or conviction under sub. (2) (am) 2., 3., 4., 5., 6., and 7.
AB547, s. 24
1Section 24. 346.65 (2e) of the statutes is amended to read:
AB547,12,72 346.65 (2e) If the court determines that a person does not have the ability to
3pay the costs and fine or forfeiture imposed under sub. (2) (am), (f), or (g), the court
4may reduce the costs, or fine, and forfeiture imposed and order the person to pay,
5toward the cost of the assessment and driver safety plan imposed under s. 343.30 (1q)
6(c), the difference between the amount of the reduced costs and fine or forfeiture and
7the amount of costs and fine or forfeiture imposed under sub. (2) (am), (f), or (g).
AB547, s. 25 8Section 25. 346.65 (2g) (a) of the statutes is amended to read:
AB547,12,179 346.65 (2g) (a) In addition to the authority of the court under s. 973.05 (3) (a)
10to provide that a defendant perform community service work for a public agency or
11a nonprofit charitable organization in lieu of part or all of a fine imposed under sub.
12(2) (am) 2., 3., 4., and 5., (f), and (g) and except as provided in par. (ag), the court may
13provide that a defendant perform community service work for a public agency or a
14nonprofit charitable organization in lieu of part or all of a forfeiture under sub. (2)
15(am) 1. or
may require a person who is subject to sub. (2) to perform community
16service work for a public agency or a nonprofit charitable organization in addition
17to the penalties specified under sub. (2).
AB547, s. 26 18Section 26. 346.65 (2g) (ag) of the statutes is amended to read:
AB547,13,219 346.65 (2g) (ag) If the court determines that a person does not have the ability
20to pay a fine imposed under sub. (2) (am) 1., 2., 3., 4., or 5., (f), or (g), the court shall
21require the defendant to perform community service work for a public agency or a
22nonprofit charitable organization in lieu of paying the fine imposed or, if the amount
23of the fine was reduced under sub. (2e), in lieu of paying the remaining amount of the
24fine. Each hour of community service performed in compliance with an order under

1this paragraph shall reduce the amount of the fine owed by an amount determined
2by the court.
AB547, s. 27 3Section 27. 346.65 (2g) (am) of the statutes is amended to read:
AB547,13,134 346.65 (2g) (am) Notwithstanding s. 973.05 (3) (b), an order under par. (a) or
5(ag) may apply only if agreed to by the organization or agency. The court shall ensure
6that the defendant is provided a written statement of the terms of the community
7service order and that the community service order is monitored. Any organization
8or agency acting in good faith to which a defendant is assigned pursuant to an order
9under this subsection has immunity from any civil liability in excess of $25,000 for
10acts or omissions by or impacting on the defendant. The issuance or possibility of the
11issuance of a community service order under this subsection does not entitle an
12indigent defendant who is subject to sub. (2) (am) 1. to representation by counsel
13under ch. 977.
AB547, s. 28 14Section 28. 346.65 (2g) (d) of the statutes is repealed.
AB547, s. 29 15Section 29. 346.65 (2i) of the statutes is amended to read:
AB547,14,1516 346.65 (2i) In addition to the authority of the court under sub. (2g) and s. 973.05
17(3) (a), the court may order a defendant subject to sub. (2), or a defendant subject to
18s. 973.05 (3) (a) who violated s. 346.63 (2), 940.09 (1), or 940.25, to visit a site that
19demonstrates the adverse effects of substance abuse or of operating a vehicle while
20under the influence of an intoxicant or other drug, including an alcoholism treatment
21facility approved under s. 51.45 or an emergency room of a general hospital in lieu
22of part or all of any forfeiture imposed or
in addition to any penalty imposed. The
23court may order the defendant to pay a reasonable fee, based on the person's ability
24to pay, to offset the costs of establishing, maintaining, and monitoring the visits
25ordered under this subsection. The court may order a visit to the site only if agreed

1to by the person responsible for the site. If the opportunities available to visit sites
2under this subsection are fewer than the number of defendants eligible for a visit,
3the court shall, when making an order under this subsection, give preference to
4defendants who were under 21 years of age at the time of the offense. The court shall
5ensure that the visit is monitored. A visit to a site may be ordered for a specific time
6and a specific day to allow the defendant to observe victims of vehicle accidents
7involving intoxicated drivers. If it appears to the court that the defendant has not
8complied with the court order to visit a site or to pay a reasonable fee, the court may
9order the defendant to show cause why he or she should not be held in contempt of
10court. Any organization or agency acting in good faith to which a defendant is
11assigned pursuant to an order under this subsection has immunity from any civil
12liability in excess of $25,000 for acts or omissions by or impacting on the defendant.
13The issuance or possibility of the issuance of an order under this subsection does not
14entitle an indigent defendant who is subject to sub. (2) (am) 1. to representation by
15counsel under ch. 977.
AB547, s. 30 16Section 30. 346.655 (1) of the statutes is amended to read:
AB547,14,2417 346.655 (1) If a court imposes a fine or a forfeiture for a violation of s. 346.63
18(1) or (5), except for a first violation of s. 346.63 (1) (b), if the person who committed
19the violation had a blood alcohol concentration of 0.08 or more but less than 0.1 at
20the time of the violation,
or a local ordinance in conformity therewith, or s. 346.63
21(2) or (6) or 940.25, or s. 940.09 where the offense involved the use of a vehicle, it shall
22impose a driver improvement surcharge under ch. 814 in an amount of $365 in
23addition to the fine or forfeiture, plus costs, fees, and other surcharges imposed under
24ch. 814.
AB547, s. 31 25Section 31. 349.02 (2) (a) of the statutes is amended to read:
AB547,15,13
1349.02 (2) (a) Notwithstanding sub. (1), a police officer, sheriff, deputy sheriff,
2traffic officer or motor vehicle inspector may not stop or inspect a vehicle solely to
3determine compliance with a statute or ordinance specified under par. (b) unless the
4police officer, sheriff, deputy sheriff, traffic officer, or motor vehicle inspector has
5reasonable cause to believe that a violation of a statute or ordinance specified under
6par. (b) has been committed. This paragraph does not limit the authority of a police
7officer, sheriff, deputy sheriff, traffic officer, or motor vehicle inspector to make an
8arrest or issue a citation for a violation of any statute or ordinance specified under
9par. (b) observed in the course of a stop or inspection made for a lawful purpose. This
10paragraph does not apply to a traffic officer or motor vehicle inspector in the
11performance of duties under s. 110.075 (2) or to a police officer, sheriff, deputy sheriff,
12or traffic officer in the performance of duties under rules promulgated under s.
13165.85 (4r)
.
AB547, s. 32 14Section 32. 753.19 of the statutes is amended to read:
AB547,15,21 15753.19 Operating costs; circuit court. The cost of operation of the circuit
16court for each county, except for the salaries of judges and court reporters provided
17to be paid by the state, and except for the cost assumed by the state under this chapter
18and chs. 40 and 230, and except as otherwise provided, shall be paid by the county.
19The county may use moneys from the appropriation under s. 20.625 (1) (q) to pay
20costs associated with prosecuting persons charged with offenses that are punishable
21under s. 346.65 (2) (am) 1.
AB547, s. 33 22Section 33. 757.05 (1) (a) of the statutes is amended to read:
AB547,16,1023 757.05 (1) (a) Whenever a court imposes a fine or forfeiture for a violation of
24state law or for a violation of a municipal or county ordinance except for a violation
25of s. 101.123 (2) (a), (am) 1., (ar), (bm), (br), or (bv) or (5), or for a first violation of s.

123.33 (4c) (a) 2., 30.681 (1) (b) 1., 346.63 (1) (b), or 350.101 (1) (b), if the person who
2committed the violation had a blood alcohol concentration of 0.08 or more but less
3than 0.1 at the time of the violation,
or for a violation of state laws or municipal or
4county ordinances involving nonmoving traffic violations, violations under s. 343.51
5(1m) (b), or safety belt use violations under s. 347.48 (2m), there shall be imposed in
6addition a penalty surcharge under ch. 814 in an amount of 26 percent of the fine or
7forfeiture imposed. If multiple offenses are involved, the penalty surcharge shall be
8based upon the total fine or forfeiture for all offenses. When a fine or forfeiture is
9suspended in whole or in part, the penalty surcharge shall be reduced in proportion
10to the suspension.
AB547, s. 34 11Section 34. 814.63 (1) (c) of the statutes is amended to read:
AB547,16,1712 814.63 (1) (c) This subsection does not apply to an action for a violation of s.
13101.123 (2) (a), (am) 1., (ar), (bm), (br), or (bv) or (5), for a first violation of s. 23.33
14(4c) (a) 2., 30.681 (1) (b) 1., 346.63 (1) (b), or 350.101 (1) (b), if the person who
15committed the violation had a blood alcohol concentration of 0.08 or more but less
16than 0.1 at the time of the violation, or
for a violation under s. 343.51 (1m) (b), or a
17safety belt use violation under s. 347.48 (2m).
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