Under the bill, a person whose operating privilege is administratively revoked
for improperly refusing a test may be eligible for an IIRL after 30 days and,

depending on whether the person has prior OWI convictions or offenses, eligible for
an occupational license after a waiting period ranging from 45 days for a first
offender to 120 days for a person with more than three OWI convictions or offenses.
Under the bill, except for a first offender, anyone who is convicted of or found
to have committed an OWI offense is not eligible for an occupational license, but may
only operate a vehicle under an IIRL. If a person who was eligible for either an
occupational license or an IIRL before he or she was convicted of the offense had
opted for an IIRL, the person gets credit for the number of days he or she was licensed
under an IIRL. Under the bill, the IIRL is in effect for at least one year and remains
in effect until any applicable license revocation or operating privilege restriction for
the OWI expires.
Under the bill, in order to obtain an IIRL, the person must demonstrate to DOT
that any applicable waiting period has passed, that the person has equipped one or
more of his or her vehicles with a functioning IID that is approved by DOT, that the
person has complied or is complying with any court-ordered assessment and driver
safety plan, and that he or she has paid the required fee to DOT.
Under the bill, a person who operates a vehicle that is not equipped with an IID,
in violation of his or her restricted operating privilege, may be fined not less than
$500 nor more than $1,200, or may be imprisoned for not more than six months, or
both for the first offense. For a second or subsequent conviction, the person may be
fined not less than $600 nor more than $2,000, or imprisoned for not more than six
months, or both. In addition, the person's operating privilege is restricted for an
additional six months for each violation.
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:
AB266,1 1Section 1. 110.10 (4m) of the statutes is amended to read:
AB266,4,62 110.10 (4m) Requiring ignition interlock device providers operating in this
3state to accept, as payment in full for equipping a motor vehicle with an ignition
4interlock device and for maintaining the ignition interlock device, the amount
5specified by the department under s. 343.301 (3) (b) or ordered by the court under s.
6343.301 (3) (b), 2013 stats., if applicable.
AB266,2 7Section 2. 303.08 (10r) of the statutes is amended to read:
AB266,5,9
1303.08 (10r) The sheriff may not permit a prisoner who is subject to an order
2under s. 343.301 (1g) 2013 stats., to leave the jail under sub. (1) unless, within 2
3weeks after the court issues the order, the person submits proof to the sheriff that
4an ignition interlock device has been installed in each motor vehicle to which the
5order applies. If the prisoner's operating privilege is restricted pursuant to s.
6343.301 (1g) and the person intends to operate a motor vehicle, the sheriff may not
7permit the person to leave the jail under sub. (1) unless the person submits proof to
8the sheriff that an ignition interlock device has been installed in each motor vehicle
9the person operates.
AB266,3 10Section 3. 340.01 (46m) (c) of the statutes is amended to read:
AB266,5,1411 340.01 (46m) (c) If the person is subject to an order under s. 343.301, 2013
12stats., or if the person's operating privilege is restricted pursuant to s. 343.301 (1g),

13or if the person has 3 or more prior convictions, suspensions or revocations, as
14counted under s. 343.307 (1), an alcohol concentration of more than 0.02.
AB266,4 15Section 4. 343.01 (2) (bg) of the statutes is created to read:
AB266,5,1916 343.01 (2) (bg) "Ignition interlock restricted license" means an operator's
17license, issued in accordance with s. 343.105, that permits the holder to operate only
18motor vehicles that are equipped with a functioning ignition interlock device that is
19approved by the department.
AB266,5 20Section 5. 343.03 (3) (br) of the statutes is created to read:
AB266,6,221 343.03 (3) (br) Ignition interlock restricted license. A license issued under s.
22343.105 authorizing only the operation of motor vehicles that are equipped with a
23functioning ignition interlock device that is approved by the department shall be
24labeled "Ignition Interlock Restricted License." An ignition interlock restricted

1license may be subject to restrictions in addition to those provided in s. 343.105,
2including the attachment of a special restrictions card as provided in s. 343.17 (4).
AB266,6 3Section 6. 343.10 (1) (a) of the statutes is amended to read:
AB266,6,144 343.10 (1) (a) If Except as provided in par. (c), if a person's license or operating
5privilege is revoked or suspended under this chapter or s. 767.73, 938.34 (14q),
6943.21 (3m), or 961.50 and if the person is engaged in an occupation, including
7homemaking or full-time or part-time study, or a trade making it essential that he
8or she operate a motor vehicle, the person, after payment of the fee provided in sub.
9(6), may file an application with the department setting forth in detail the need for
10operating a motor vehicle. No person may file more than one application with respect
11to each revocation or suspension of the person's license or operating privilege under
12this chapter or s. 767.73, 938.34 (14q), 943.21 (3m), or 961.50, except that this
13limitation does not apply to an application to amend an occupational license
14restriction.
AB266,7 15Section 7. 343.10 (1) (c) of the statutes is created to read:
AB266,6,1916 343.10 (1) (c) 1. Except as provided in subd. 2., a person whose license is
17suspended or revoked for an offense counted under s. 343.307 (1) is not eligible for
18an occupational license under this section, but may apply for an ignition interlock
19restricted license under s. 343.105.
AB266,7,220 2. A person whose operating privilege is revoked for a first violation of s. 346.63
21(1) or a local ordinance in conformity with that section and who had an alcohol
22concentration below 0.15 at the time of the offense, a person whose operating
23privilege is suspended under s. 343.305 (7), and a person who receives a notice of
24intent to revoke under s. 343.305 (9) may be eligible for an occupational license under
25this section or an ignition interlock restricted license under s. 343.105. No person

1may apply for or hold a license under this section and a license under s. 343.105 at
2the same time. Waiting periods for a license under this section are as follows:
AB266,7,53 a. A person whose operating privilege is suspended under s. 343.305 (7) may
4be eligible for an occupational license under this section after 45 days have elapsed
5from the date of his or her arrest.
AB266,7,96 b. 1. A person whose operating privilege is revoked for an improper refusal
7under s. 343.305 (9) may be eligible for an occupational license under this section
8after 45 days have elapsed from the date he or she received a notice of intent to
9revoke, except as provided in subd. 2. or 3.
AB266,7,1310 2. Except as provided in subd. 3., if the number of convictions, suspensions, and
11revocations counted under s. 343.307 (2) equals 2, the person may be eligible for an
12occupational license under this section after 90 days have elapsed from the date he
13or she received a notice of intent to revoke.
AB266,7,1714 3. If the number of convictions, suspensions, and revocations counted under s.
15343.307 (2) equals 3 or more, the person may be eligible for an occupational license
16under this section after 120 days have elapsed from the date he or she received a
17notice of intent to revoke.
AB266,8 18Section 8. 343.10 (2) (a) (intro.) of the statutes is amended to read:
AB266,7,2119 343.10 (2) (a) (intro.) Except as provided in pars. (b) to (f) (dm), and subject to
20s. 343.165 (5), a person is eligible for an occupational license if the following
21conditions are satisfied:
AB266,9 22Section 9. 343.10 (2) (e) of the statutes is renumbered 343.105 (1) (e) 1. and
23amended to read:
AB266,8,324 343.105 (1) (e) 1. If Except as provided in subd. 2., if the court orders a person
25to submit to and comply with an assessment and driver safety plan and if the person

1has 2 or more prior convictions, suspensions or revocations, as counted under s.
2343.307 (1), no occupational license under this section may be granted until the
3person has completed the assessment and is complying with the driver safety plan.
AB266,10 4Section 10. 343.10 (2) (f) of the statutes is renumbered 343.105 (1) (f) and
5amended to read:
AB266,8,116 343.105 (1) (f) If the court orders under , pursuant to s. 343.301 (1g) that the,
7a
person's operating privilege for the operation of "Class D" motor vehicles be is
8restricted to operating vehicles that are equipped with an ignition interlock device,
9no occupational license may be granted under this section until the person pays the
10surcharge under s. 343.301 (5) and submits proof that an ignition interlock device
11has been installed in each motor vehicle to which the order under s. 343.301 applies
.
AB266,11 12Section 11. 343.10 (5) (a) 1. of the statutes is renumbered 343.10 (5) (a).
AB266,12 13Section 12. 343.10 (5) (a) 2. and 3. of the statutes are repealed.
AB266,13 14Section 13. 343.10 (5) (b) of the statutes is amended to read:
AB266,8,1715 343.10 (5) (b) Limitations. Occupational licenses are subject to the limitations
16specified in ss. 343.30 (1q) (b) and (h), 343.305 (8) (d) and (10) (b) and (em), 343.31
17(3m),
343.32 (1m), 767.73 and 961.50.
AB266,14 18Section 14. 343.10 (7) (cm) of the statutes is repealed.
AB266,15 19Section 15. 343.105 of the statutes is created to read:
AB266,8,24 20343.105 Ignition interlock restricted licenses. (1) Application for
21ignition interlock restricted license.
(a) If a person's license or operating privilege
22is administratively suspended under s. 343.305 or is revoked for an offense counted
23under s. 343.307 (1), the person may file an application with the department for a
24license under this section at any time.
AB266,9,5
1(b) The application shall be in a form established by the department and shall
2include proof that at least one motor vehicle operated by the person has been
3equipped with an ignition interlock device. The application shall include proof of
4financial responsibility as specified in s. 343.38 (1) (c) covering the vehicle or vehicles
5that the applicant requests authorization to operate.
AB266,9,76 (c) The person is eligible to receive a license, if he or she meets the criteria set
7forth in par. (b), under this section as follows:
AB266,9,98 1. Pursuant to subd. 2. and except as provided in subds. 3. to 7., immediately
9upon suspension or revocation of his or her operating privilege.
AB266,9,1210 2. Immediately after the person receives notice of suspension of his or her
11operating privilege under s. 343.305 (7) if he or she does not request an
12administrative review under s. 343.305 (8).
AB266,9,1413 3. Fifteen days after a notice to revoke is issued under s. 343.305 (9) if the
14person does not request a hearing on the revocation.
AB266,9,1615 4. Thirty days following the final determination that sustains a suspension
16after an administrative review under s. 343.305 (8).
AB266,9,1817 5. Thirty days following the final determination that imposes or sustains a
18revocation under s. 343.305 (10) (b) 2.
AB266,9,2019 6. Ninety days following the final determination that imposes or sustains a
20revocation under s. 343.305 (10) (b) 3.
AB266,9,2221 7. One hundred twenty days following the final determination that imposes or
22sustains a revocation under s. 343.305 (10) (b) 4.
AB266,9,25 23(1m) Petition for ignition interlock restricted license. (a) A person whose
24application for a license under sub. (1) is denied in whole or in part may file a petition
25with the clerk of the circuit court in the county in which the person resides for an

1order authorizing the issuance of an ignition interlock restricted license to the
2person. No person may file a petition under this paragraph unless he or she first pays
3the fee specified in s. 814.61 (14) to the clerk of the circuit court. The person's petition
4shall include a copy of the person's current operating record under s. 343.23 (2) and
5the reasons why the person should be granted an ignition interlock restricted license.
6The court shall consider the number and seriousness of prior traffic convictions in
7determining whether to grant the petition and shall state, in writing, its reasons for
8granting or denying the petition. No person may file more than one petition with
9respect to a denial of an application for a license under sub. (1).
AB266,10,1810 (b) If the court grants the petition, the court shall issue an order authorizing
11the issuance of an ignition interlock restricted license to the person. The order for
12issuance of an ignition interlock restricted license shall include definite restrictions
13as provided in sub. (2). A copy of the order shall be forwarded to the department.
14Upon receipt of the court order, the petitioner shall be considered an applicant by the
15department for purposes of this section. The ignition interlock restricted license
16issued by the department under this paragraph shall contain the restrictions
17ordered by the court. If the court denies the petition, the clerk of the court shall notify
18the department of the denial of the petition.
AB266,10,2219 (c) The department shall not issue an ignition interlock restricted license to a
20person upon receipt of an order from a court under this subsection if the person
21appears by the records of the department to have filed more than one petition with
22a court for a license under this subsection.
AB266,10,24 23(2) Issuance; limitations. If the person is eligible for a restricted license
24pursuant to sub. (1), the department may issue a license under this section as follows:
AB266,11,2
1(a) The license shall allow a person to operate any motor vehicle that is
2equipped with a functioning ignition interlock device approved by the department.
AB266,11,93 (b) The license may not permit the operation of any motor vehicles for which
4the applicant did not hold valid authorization at the time of the administrative
5suspension or revocation of the person's license or operating privilege. This
6paragraph does not preclude the department from issuing a license under this
7section to a person whose operating privilege was revoked or suspended at the time
8her or she committed the current offense, if the person is otherwise eligible for a
9license under this section.
AB266,11,1210 (c) The license may contain any restrictions on the person's license that were
11in effect at the time the person was arrested for the violation that resulted in the
12suspension or revocation.
AB266,11,14 13(3) Fee. No person may file an application for a license under sub. (1) unless
14he or she first pays to the department the fees specified in s. 343.21 (1) (k) and (n).
AB266,11,18 15(4) Department to issue ignition interlock restricted license. (a) The
16department shall issue an ignition interlock restricted license to a person as soon as
17practicable upon receipt of an application and the proof required under sub. (1) (b)
18and (2) (b) to the department.
AB266,11,2519 (b) A license issued by the department under this section shall be in the form
20of a license that includes a photograph described in s. 343.14 (3), unless the exception
21under s. 343.14 (3m) applies, and any special restrictions cards under s. 343.17 (4).
22The license shall clearly indicate that restrictions on a special restrictions card apply
23and that the special restrictions card is part of the person's license. The ignition
24interlock restricted license issued by the department shall contain the restrictions
25required by sub. (2).
AB266,12,13
1(c) The expiration date of the ignition interlock restricted license is the date of
2termination of the period of revocation or suspension as provided by law, except that
3if the person's license expires pursuant to s. 343.20 (1m) on an earlier date, the
4ignition interlock restricted license also expires on that date. The expiration date of
5the ignition interlock restricted license may be extended to the date of termination
6of the period of any subsequent revocation or suspension arising from the same
7incident or occurrence. The license may be revoked, suspended, or canceled before
8its expiration. An ignition interlock restricted license is not renewable when it
9expires. If an ignition interlock restricted license expires and is not revoked,
10suspended, or canceled, the licensee may obtain a new license upon that expiration
11but only if he or she complies with the conditions specified in s. 343.38. Revocation,
12suspension, or cancellation of an ignition interlock restricted license has the same
13effect as revocation, suspension, or cancellation of any other license.
AB266,12,18 14(5) Notice. The department shall inform a person whose operating privilege
15is revoked or suspended under s. 343.305 of his or her right to either waive an
16administrative review of the suspension or revocation and apply to the department
17for issuance of an ignition interlock restricted license under this section or to apply,
18after any applicable waiting period, for an occupational license under s. 343.10.
AB266,16 19Section 16. 343.105 (1) (d) of the statutes is created to read:
AB266,12,2220 343.105 (1) (d) A person whose operating privilege is suspended or revoked
21under s. 343.30 (1q) (d) or 343.305 (10) (d) is not eligible for a license under this
22section.
AB266,17 23Section 17. 343.105 (1) (e) 2. of the statutes is created to read:
AB266,13,524 343.105 (1) (e) 2. If a person has installed a functioning ignition interlock
25device that is approved by the department prior to his or her conviction and the court

1orders a person to submit to and comply with an assessment and driver safety plan,
2the person shall complete the assessment and comply with the driver safety plan
3within 15 days after his or her conviction. If a person fails to comply with this
4subdivision, his or her operating privileges are restricted under s. 343.301 (1g) for
56 months in addition to the time specified under s. 343.301 (2m).
AB266,18 6Section 18. 343.165 (5) of the statutes is amended to read:
AB266,13,157 343.165 (5) The department may, by rule, require that applications for
8reinstatement of operator's licenses or identification cards, issuance of occupational
9licenses or ignition interlock restricted licenses, reissuance of operator's licenses, or
10issuance of duplicate operator's licenses or identification cards, received by the
11department after the date stated in the notice provided by the secretary of
12transportation and published in the Wisconsin Administrative Register under s.
1385.515 (2) (b), be processed in a manner consistent with the requirements established
14under this section for applications for initial issuance or renewal of operator's
15licenses and identification cards.
AB266,19 16Section 19. 343.21 (1) (k) of the statutes is amended to read:
AB266,13,1817 343.21 (1) (k) For an occupational license, $40 $90, and for an ignition interlock
18restricted license, $90
.
AB266,20 19Section 20. 343.28 (1) of the statutes is amended to read:
AB266,14,1020 343.28 (1) Whenever a person is convicted of a moving traffic violation under
21chs. 341 to 349 or under a local ordinance enacted under ch. 349, the clerk of the court
22in which the conviction occurred, or the justice, judge or magistrate of a court not
23having a clerk, shall, as provided in s. 345.48, forward to the department the record
24of such conviction. The record of conviction forwarded to the department shall state
25whether the offender was involved in an accident at the time of the offense, whether

1the offender was operating a commercial motor vehicle at the time of the offense and,
2if so, whether the offender was transporting hazardous materials requiring
3placarding or any quantity of a material listed as a select agent or toxin under 42 CFR
473
, or was operating a vehicle designed to carry, or actually carrying, 16 or more
5passengers, including the driver. Whenever a person is convicted of an offense that
6may be counted under s. 343.307 (2), the court shall include in the record of conviction
7forwarded to the department the offender's alcohol concentration at the time of the
8offense, if this information is known to the court.
Whenever a person is convicted of
9exceeding a posted speed limit, the record of conviction forwarded to the department
10shall include the number of miles per hour in excess of the posted speed limit.
AB266,21 11Section 21. 343.30 (1q) (b) 2. of the statutes is amended to read:
AB266,14,2012 343.30 (1q) (b) 2. Except as provided in sub. (1r) or subd. 3., 4. or 4m., for the
13first conviction, the court shall revoke the person's operating privilege for not less
14than 6 months nor more than 9 months. The If the person is not restricted, pursuant
15to s. 343.301, to operating a motor vehicle that is equipped with an ignition interlock
16device, the
person is eligible for an occupational license under s. 343.10 at any time
1745 days after the date of conviction. The person may apply for an ignition interlock
18restricted license under s. 343.105 immediately upon receiving notice of revocation,
19but he or she may not apply for both an occupational license and an ignition interlock
20restricted license
.
AB266,22 21Section 22. 343.30 (1q) (b) 3. of the statutes is amended to read:
AB266,15,622 343.30 (1q) (b) 3. Except as provided in sub. (1r) or subd. 4m., if the number
23of convictions under ss. 940.09 (1) and 940.25 in the person's lifetime, plus the total
24number of other convictions, suspensions, and revocations counted under s. 343.307
25(1) within a 10-year period, equals 2, the court shall revoke the person's operating

1privilege for not less than one year nor more than 18 months. After the first 45 days
2of the revocation period has elapsed, the person is eligible for an occupational license
3under s. 343.10 if he or she has completed the assessment and is complying with the
4driver safety plan ordered under par. (c).
The person may apply for an ignition
5interlock restricted license under s. 343.105 immediately upon receiving notice of
6revocation.
AB266,23 7Section 23. 343.30 (1q) (b) 4. of the statutes is amended to read:
AB266,15,168 343.30 (1q) (b) 4. Except as provided in sub. (1r) or subd. 4m., if the number
9of convictions under ss. 940.09 (1) and 940.25 in the person's lifetime, plus the total
10number of other convictions, suspensions, and revocations counted under s. 343.307
11(1), equals 3 or more, the court shall revoke the person's operating privilege for not
12less than 2 years nor more than 3 years. After the first 45 days of the revocation
13period has elapsed, the person is eligible for an occupational license under s. 343.10
14if he or she has completed the assessment and is complying with the driver safety
15plan ordered under par. (c).
The person may apply for an ignition interlock restricted
16license under s. 343.105 immediately upon receiving notice of revocation.
AB266,24 17Section 24. 343.30 (1q) (h) of the statutes is amended to read:
AB266,16,318 343.30 (1q) (h) The court or department shall provide that the period of
19suspension or revocation imposed under this subsection shall be reduced by any
20period of suspension or revocation previously served under s. 343.305 if the
21suspension or revocation under s. 343.305 and the conviction for violation of s. 346.63
22(1) or (2m) or a local ordinance in conformity therewith arise out of the same incident
23or occurrence. The court or department shall order that the period of suspension or
24revocation imposed under this subsection run concurrently with any period of time
25remaining on a suspension or revocation imposed under s. 343.305 arising out of the

1same incident or occurrence. The court or the department may modify an
2occupational ignition interlock restricted license authorized under s. 343.305 (8) (d)
3in accordance with this subsection.
AB266,25 4Section 25. 343.301 (title) of the statutes is amended to read:
AB266,16,6 5343.301 (title) Installation of ignition Ignition interlock device
6required.
AB266,26 7Section 26. 343.301 (1g) (intro.) of the statutes is amended to read:
AB266,16,138 343.301 (1g) (intro.) A court shall order a person's operating privilege for the
9operation of "Class D" vehicles be
is restricted to operating vehicles that are equipped
10with an a functioning ignition interlock device and, except as provided in sub. (1m),
11shall order that each motor vehicle for which the person's name appears on the
12vehicle's certificate of title or registration be equipped with an ignition interlock
13device
that is approved by the department if either of the following applies:
AB266,27 14Section 27. 343.301 (1g) (b) 2. of the statutes is amended to read:
AB266,16,1815 343.301 (1g) (b) 2. The person has a total of one or more prior convictions,
16suspensions, or revocations, counting convictions under ss. 940.09 (1) and 940.25 in
17the person's lifetime and other convictions, suspensions, and revocations
counted
18under s. 343.307 (1).
AB266,28 19Section 28. 343.301 (1m) of the statutes is repealed.
AB266,29 20Section 29. 343.301 (2m) of the statutes is amended to read:
AB266,17,1021 343.301 (2m) The court shall restrict the Beginning on the date a person's
22operating privilege is revoked pursuant to s. 343.30, 343.305 (10), or 343.31, for a
23violation counted under s. 343.307 (1), the person's
operating privilege under is
24restricted pursuant to
sub. (1g). The person's operating privilege is restricted for a
25period of not less than one year nor more than the maximum operating privilege

1revocation period permitted for the refusal or violation, beginning on the date the
2department issues any license granted under this chapter,
except that if the
3maximum operating privilege revocation period is less than one year, the court shall
4restrict the
person's operating privilege under is restricted pursuant to sub. (1g) for
5one year. The department may not issue any license under this chapter that does not
6have the restriction specified in sub. (1g) until the person's operating privilege is
7restricted pursuant to this subsection for at least one year. If the person's operating
8privilege is restricted pursuant to a conviction, the
court may order the installation
9of an ignition interlock device under sub. (1g) immediately upon issuing an order
10under sub. (1g)
conviction.
AB266,30 11Section 30. 343.301 (3) of the statutes is amended to read:
AB266,17,1412 343.301 (3) (a) Except as provided in par. (b), if the court enters an order under
13sub. (1g),
the person shall be is liable for the reasonable cost of equipping and
14maintaining any ignition interlock device installed on his or her motor vehicle.
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