Under the bill, a court may, upon petition by the person who has been convicted
of a first OWI-related offense, vacate the person's criminal conviction and amend the
record to a civil violation if, in the five years since the person was convicted of the
offense, he or she has not committed any other OWI-related offense. Under the bill,
the clerk of courts amends the court records that are available in person and online
to show only the civil violation.
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.
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:
AB18,1 1Section 1. 343.30 (1q) (b) (intro.) of the statutes is amended to read:
AB18,2,32 343.30 (1q) (b) (intro.) For persons convicted under s. 346.63 (1) or a local
3ordinance in conformity therewith
:
AB18,2 4Section 2. 343.30 (1q) (b) 3. of the statutes is amended to read:
AB18,2,125 343.30 (1q) (b) 3. Except as provided in sub. (1r) or subd. 4m., if the number
6of convictions under ss. 940.09 (1) and 940.25 in the person's lifetime, plus the total
7number of other convictions, suspensions, and revocations counted under s. 343.307
8(1) within a 10-year period, equals 2, the court shall revoke the person's operating
9privilege for not less than one year nor more than 18 months. After the first 45 days
10of the revocation period has elapsed, the person is eligible for an occupational license
11under s. 343.10 if he or she has completed the assessment and is complying with the
12driver safety plan ordered under par. (c).
AB18,3
1Section 3. 343.305 (10) (b) 3. of the statutes is amended to read:
AB18,3,102 343.305 (10) (b) 3. Except as provided in subd. 4m., if the number of convictions
3under ss. 940.09 (1) and 940.25 in the person's lifetime, plus the total number of other
4convictions, suspensions, and revocations counted under s. 343.307 (2) within a
510-year period
, equals 2, the court shall revoke the person's operating privilege for
62 years. After the first 90 days of the revocation period or, if the total number of
7convictions, suspensions, and revocations counted under this subdivision within any
85-year period equals 2 or more, after one year of the revocation period has elapsed,
9the person is eligible for an occupational license under s. 343.10 if he or she has
10completed the assessment and is complying with the driver safety plan.
AB18,4 11Section 4. 343.31 (3) (bm) 3. of the statutes is amended to read:
AB18,3,2312 343.31 (3) (bm) 3. Except as provided in subd. 4m., if the number of convictions
13under ss. 940.09 (1) and 940.25 in the person's lifetime, plus the total number of
14suspensions, revocations, and other convictions counted under s. 343.307 (1) within
15a 10-year period
, equals 2, the department shall revoke the person's operating
16privilege for not less than one year nor more than 18 months. If an Indian tribal court
17in this state revokes the person's privilege to operate a motor vehicle on tribal lands
18for not less than one year nor more than 18 months for the conviction specified in par.
19(bm) (intro.), the department shall impose the same period of revocation. After the
20first 60 days of the revocation period or, if the total number of convictions,
21suspensions, and revocations counted under this subdivision within any 5-year
22period equals 2 or more, after one year of the revocation period has elapsed, the
23person is eligible for an occupational license under s. 343.10.
AB18,5 24Section 5. 345.20 (2) (c) of the statutes is amended to read:
AB18,4,3
1345.20 (2) (c) Sections 967.055 and 972.11 (3m) apply to traffic forfeiture
2actions for violations of s. 346.63 (1) or (5) or a local ordinance in conformity
3therewith.
AB18,6 4Section 6. 345.24 (1) of the statutes is amended to read:
AB18,4,115 345.24 (1) A person arrested under s. 346.63 (1) or (5) or an ordinance in
6conformity therewith with s. 346.63 (5) or s. 346.63 (2) or (6) or 940.25, or s. 940.09
7where the offense involved the use of a vehicle, may not be released until 12 hours
8have elapsed from the time of his or her arrest or unless a chemical test administered
9under s. 343.305 shows that the person has an alcohol concentration of less than 0.04,
10but the person may be released to his or her attorney, spouse, relative or other
11responsible adult at any time after arrest.
AB18,7 12Section 7 . 346.65 (2) (am) 1. of the statutes is renumbered 346.65 (2) (am) 1.
13a. and amended to read:
AB18,4,1614 346.65 (2) (am) 1. a. Shall forfeit not less than $150 nor more than $300, except
15Except as provided in subds. 2. to 7. and par. (f), is guilty of a Class C misdemeanor
16and shall be imprisoned for not less than one day
.
AB18,8 17Section 8 . 346.65 (2) (am) 1. b., c. and d. of the statutes are created to read:
AB18,4,2518 346.65 (2) (am) 1. b. A person who is convicted of a violation under subd. 1. a.
19may petition the court to vacate his or her conviction. The court shall order that the
20conviction be vacated and the record of the conviction be expunged and that a record
21of a civil violation be entered if the person has completed his or her sentence, as
22defined in s. 973.015 (1m) (b), and, in the 5 years after the person was convicted of
23the violation, the person was not convicted or adjudicated of committing a
24subsequent violation that is counted as a suspension, revocation, or conviction under
25s. 343.307 (1).
AB18,5,3
1c. The clerk of court shall forward a copy of the order to amend the record of the
2conviction to a civil offense to the department of justice and to the department of
3transportation.
AB18,5,64 d. A conviction that is vacated under subd. 1. b. is not a conviction for any
5matter relating to an application for employment or for the rental, purchase, or
6financing of housing.
AB18,9 7Section 9. 346.65 (2) (am) 2. of the statutes is amended to read:
AB18,5,148 346.65 (2) (am) 2. Except as provided in pars. (bm) and (f), shall be fined not
9less than $350 nor more than $1,100 and imprisoned for not less than 5 days nor more
10than 6 months if the number of convictions under ss. 940.09 (1) and 940.25 in the
11person's lifetime, plus the total number of suspensions, revocations, and other
12convictions counted under s. 343.307 (1) within a 10-year period, equals 2, except
13that suspensions, revocations, or convictions arising out of the same incident or
14occurrence shall be counted as one.
AB18,10 15Section 10. 346.65 (2) (bm) of the statutes is amended to read:
AB18,6,216 346.65 (2) (bm) In any county that opts to offer a reduced minimum period of
17imprisonment for the successful completion of a probation period that includes
18alcohol and other drug treatment, if the number of convictions under ss. 940.09 (1)
19and 940.25 in the person's lifetime, plus the total number of suspensions,
20revocations, and other convictions counted under s. 343.307 (1) within a 10-year
21period
, equals 2, except that suspensions, revocations, or convictions arising out of
22the same incident or occurrence shall be counted as one, the fine shall be the same
23as under par. (am) 2., but the period of imprisonment shall be not less than 5 days,
24except that if the person successfully completes a period of probation that includes
25alcohol and other drug treatment, the period of imprisonment shall be not less than

15 nor more than 7 days. A person may be sentenced under this paragraph or under
2par. (cm) or (dm) or sub. (2j) (bm), (cm), or (cr) or (3r) once in his or her lifetime.
AB18,11 3Section 11. 346.65 (2) (f) 1. of the statutes is repealed.
AB18,12 4Section 12 . 346.65 (2) (f) 2. of the statutes is renumbered 346.65 (2) (f) and
5amended to read:
AB18,6,126 346.65 (2) (f) If there was a minor passenger under 16 years of age in the motor
7vehicle at the time of the violation that gave rise to the conviction under s. 346.63 (1),
8the applicable minimum and maximum fines and imprisonment under par. (am) 2.
9to 7.
for the conviction are doubled. An offense under s. 346.63 (1) that subjects a
10person to a penalty under par. (am) 3., 4., 5., 6., or 7. when there is a minor passenger
11under 16 years of age in the motor vehicle is a felony and the place of imprisonment
12shall be determined under s. 973.02.
AB18,13 13Section 13 . 346.65 (2c) of the statutes is amended to read:
AB18,6,1914 346.65 (2c) In sub. (2) (am) 2., 3., 4., 5., 6., and 7., the time period shall be
15measured from the dates of the refusals or violations that resulted in the revocation
16or convictions. If a person has a suspension, revocation, or conviction for any offense
17under a local ordinance or a state statute of another state that would be counted
18under s. 343.307 (1), that suspension, revocation, or conviction shall count as a prior
19suspension, revocation, or conviction under sub. (2) (am) 2., 3., 4., 5., 6., and 7.
AB18,14 20Section 14. 346.65 (2e) of the statutes is amended to read:
AB18,7,221 346.65 (2e) If the court determines that a person does not have the ability to
22pay the costs and fine or forfeiture imposed under sub. (2) (am), (f), or (g), the court
23may reduce the costs, or fine , and forfeiture imposed and order the person to pay,
24toward the cost of the assessment and driver safety plan imposed under s. 343.30 (1q)

1(c), the difference between the amount of the reduced costs and fine or forfeiture and
2the amount of costs and fine or forfeiture imposed under sub. (2) (am), (f), or (g).
AB18,15 3Section 15 . 346.65 (2g) (a) of the statutes is amended to read:
AB18,7,124 346.65 (2g) (a) In addition to the authority of the court under s. 973.05 (3) (a)
5to provide that a defendant perform community service work for a public agency or
6a nonprofit charitable organization in lieu of part or all of a fine imposed under sub.
7(2) (am) 1., 2., 3., 4., and 5., (f), and (g) and except as provided in par. (ag), the court
8may provide that a defendant perform community service work for a public agency
9or a nonprofit charitable organization in lieu of part or all of a forfeiture under sub.
10(2) (am) 1. or
may require a person who is subject to sub. (2) to perform community
11service work for a public agency or a nonprofit charitable organization in addition
12to the penalties specified under sub. (2).
AB18,16 13Section 16 . 346.65 (2g) (ag) of the statutes is amended to read:
AB18,7,2114 346.65 (2g) (ag) If the court determines that a person does not have the ability
15to pay a fine imposed under sub. (2) (am) 1., 2., 3., 4., or 5., (f), or (g), the court shall
16require the defendant to perform community service work for a public agency or a
17nonprofit charitable organization in lieu of paying the fine imposed or, if the amount
18of the fine was reduced under sub. (2e), in lieu of paying the remaining amount of the
19fine. Each hour of community service performed in compliance with an order under
20this paragraph shall reduce the amount of the fine owed by an amount determined
21by the court.
AB18,17 22Section 17. 346.65 (2g) (am) of the statutes is amended to read:
AB18,8,723 346.65 (2g) (am) Notwithstanding s. 973.05 (3) (b), an order under par. (a) or
24(ag) may apply only if agreed to by the organization or agency. The court shall ensure
25that the defendant is provided a written statement of the terms of the community

1service order and that the community service order is monitored. Any organization
2or agency acting in good faith to which a defendant is assigned pursuant to an order
3under this subsection has immunity from any civil liability in excess of $25,000 for
4acts or omissions by or impacting on the defendant. The issuance or possibility of the
5issuance of a community service order under this subsection does not entitle an
6indigent defendant who is subject to sub. (2) (am) 1. to representation by counsel
7under ch. 977.
AB18,18 8Section 18. 346.65 (2g) (d) of the statutes is repealed.
AB18,19 9Section 19 . 346.65 (2i) of the statutes is amended to read:
AB18,9,910 346.65 (2i) In addition to the authority of the court under sub. (2g) and s. 973.05
11(3) (a), the court may order a defendant subject to sub. (2), or a defendant subject to
12s. 973.05 (3) (a) who violated s. 346.63 (2), 940.09 (1), or 940.25, to visit a site that
13demonstrates the adverse effects of substance abuse or of operating a vehicle while
14under the influence of an intoxicant or other drug, including a treatment facility
15approved under s. 51.45 or an emergency room of a general hospital in lieu of part
16or all of any forfeiture imposed or
in addition to any penalty imposed. The court may
17order the defendant to pay a reasonable fee, based on the person's ability to pay, to
18offset the costs of establishing, maintaining, and monitoring the visits ordered under
19this subsection. The court may order a visit to the site only if agreed to by the person
20responsible for the site. If the opportunities available to visit sites under this
21subsection are fewer than the number of defendants eligible for a visit, the court
22shall, when making an order under this subsection, give preference to defendants
23who were under 21 years of age at the time of the offense. The court shall ensure that
24the visit is monitored. A visit to a site may be ordered for a specific time and a specific
25day to allow the defendant to observe victims of vehicle accidents involving

1intoxicated drivers. If it appears to the court that the defendant has not complied
2with the court order to visit a site or to pay a reasonable fee, the court may order the
3defendant to show cause why he or she should not be held in contempt of court. Any
4organization or agency acting in good faith to which a defendant is assigned pursuant
5to an order under this subsection has immunity from any civil liability in excess of
6$25,000 for acts or omissions by or impacting on the defendant. The issuance or
7possibility of the issuance of an order under this subsection does not entitle an
8indigent defendant who is subject to sub. (2) (am) 1. to representation by counsel
9under ch. 977.
AB18,20 10Section 20 . 939.51 (1) (intro.) of the statutes is amended to read:
AB18,9,1211 939.51 (1) (intro.) Misdemeanors in chs. 346 and 939 to 951 are classified as
12follows:
AB18,21 13Section 21. 972.11 (3m) of the statutes is amended to read:
AB18,9,1814 972.11 (3m) A court may not exclude evidence in any criminal action or traffic
15forfeiture action
for violation of s. 346.63 (1) or any criminal action or traffic
16forfeiture action for a violation of s. 346.63
(5), or a local ordinance in conformity with
17s. 346.63 (1) or (5), on the ground that the evidence existed or was obtained outside
18of this state.
AB18,22 19Section 22. Initial applicability.
AB18,9,2320 (1) This act first applies to violations committed on the effective date of this
21subsection but does not preclude the counting of other convictions, suspensions, or
22revocations as prior convictions, suspensions, or revocations for purposes of
23administrative action by the department of transportation or sentencing by a court.
AB18,23
1Section 23. Effective date. This act takes effect on the first day of the 9th
2month beginning after publication.
AB18,10,33 (End)
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