343.245(3m)(a)(a) The department shall establish by rule an employer notification program to permit an employer to register the name of an employe and be notified by the department whenever a conviction or suspension, revocation, cancellation, disqualification or out-of-service order is recorded on the operating record of the employe. An employer may withdraw an employe's name from the program at any time.
343.245(3m)(b)
(b) The department shall establish and collect reasonable fees from employers in the program sufficient to defray the costs of instituting and maintaining the program, including the registration and withdrawal of employes. The fee for each notification by the department to an employer under
par. (a) shall be $3.
343.245(4)(a)(a) Except as provided in
par. (b), any person who violates
sub. (2) or
(3) shall forfeit not more than $2,500.
343.245(4)(b)
(b) Any person who violates
sub. (3) (b) shall be fined not less than $2,500 nor more than $10,000 or imprisoned for not more than 90 days or both.
CANCELLATION, REVOCATION AND
SUSPENSION OF LICENSES
343.25
343.25
Cancellation of licenses. The secretary shall cancel a license:
343.25(1)
(1) Whenever the secretary determines that the license or endorsement was issued upon an application which contains a false statement as to any material matter; or
343.25(2)
(2) Within 10 days after receiving a written request from a person who signed the application of a person under 18 years of age, or a notice of cancellation or termination of insurance, as provided in
s. 343.15; or
343.25(3)
(3) When the license is held by a person under 18 years of age and the secretary receives satisfactory evidence of the death of the adult who signed the application for the license; or
343.25(4)
(4) When the person holding the license falls into one of the classes of persons to whom the law prohibits issuance of a license or a particular endorsement; or
343.25(5)
(5) Whenever the secretary determines that a person has secured a license or endorsement by hiring or permitting another to appear in the person's place to take an examination; or
343.25(6)
(6) Whenever the secretary determines that a license has been altered and returned for cancellation under
s. 343.43 (2); or
343.25(7)
(7) When a person who has been ordered to submit to an examination under
s. 343.16 or to appear for either group or individual counseling or examination under
s. 343.32 (2) fails or refuses to do so. Such cancellation shall continue until compliance with the order has been made or the order is rescinded.
343.26
343.26
License after cancellation. Any person whose license has been canceled, whether the license has been canceled by the secretary or stands canceled as a matter of law, may apply for a new license at any time. Upon receipt of the application and the required fee, the department shall issue or refuse issuance of the license as upon an original application. The department may, but need not, require the applicant to submit to an examination as provided in
s. 343.16.
343.26 History
History: 1977 c. 29 s.
1654 (7) (a), (c).
343.265
343.265
Voluntary surrender and reissuance after surrender. 343.265(1)(1) The department may accept the voluntary surrender of the operator's license of a person who has a mental or physical disability or disease or a medical condition which prevents or may prevent the person from exercising reasonable control over a motor vehicle if the person's operating privilege is not subject to suspension or revocation for any reason.
343.265(1m)
(1m) The department may accept the voluntary surrender of the operator's license of a person who no longer intends to exercise the privilege of operating a vehicle class or type authorized by that license, if the person's operating privilege is not subject to suspension or revocation for any reason. The department may issue a license under
sub. (2), omitting the authorizations to operate a vehicle class or type that the person has relinquished.
343.265(2)
(2) A person whose voluntary surrender of license under
sub. (1) or
(1m) has been accepted by the department may apply for a duplicate license under
s. 343.19, or, if the person's license has expired during the period of surrender, a renewal license, at any time. Upon receipt of the person's application and the applicable fee under
s. 343.21, the department shall issue or deny the license as provided in this subchapter. The department may require the person to submit to an examination under
s. 343.16 (5).
343.28
343.28
Courts to report convictions and forward licenses to the department. 343.28(1)
(1) Whenever a person is convicted of a moving traffic violation under
chs. 341 to
349 or under a local ordinance enacted under
ch. 349, the clerk of the court in which the conviction occurred, or the justice, judge or magistrate of a court not having a clerk, shall, as provided in
s. 345.48, forward to the department the record of such conviction. The record of conviction forwarded to the department shall state whether the offender was involved in an accident at the time of the offense, whether the offender was operating a commercial motor vehicle at the time of the offense and, if so, whether the offender was transporting hazardous materials or operating a vehicle designed to carry, or actually carrying, 16 or more passengers, including the driver. Whenever a person is convicted of exceeding a posted speed limit, the record of conviction forwarded to the department shall include the number of miles per hour in excess of the posted speed limit.
343.28(2)
(2) Whenever a person is convicted of any offense for which
s. 343.31 makes mandatory the revocation by the secretary of such person's operating privilege, the court in which the conviction occurred shall require the surrender to it of any license then held by such person. The clerk of the court, or the justice, judge or magistrate if the court has no clerk, shall, as provided in
s. 345.48, forward to the department the record of conviction and any surrendered licenses. The record of conviction forwarded to the department shall state whether the offender was involved in an accident at the time of the offense, whether the offender was operating a commercial motor vehicle at the time of the offense and, if so, whether the offender was transporting hazardous materials or operating a vehicle designed to carry, or actually carrying, 16 or more passengers, including the driver.
343.28(3)
(3) If a person is convicted of committing a violation as defined by
s. 343.30 (6) (a), the clerk of the court, or the justice, judge or magistrate if the court has no clerk, shall, as provided in
s. 345.48, forward to the department the record of conviction and any surrendered licenses.
343.28(4)
(4) Any person who fails to comply with any provision of this section relative to forwarding records of convictions to the department may be fined not more than $100 or imprisoned not more than 6 months or both.
343.30
343.30
Suspension and revocation by the courts. 343.30(1)(1) A court may suspend or revoke a person's operating privilege for any period not exceeding one year upon such person's conviction in such court of violating any of the state traffic laws or any local ordinance enacted under
ch. 349. In exercising the authority to suspend or revoke an operating privilege, the court may suspend such privilege only when the operator's operating privilege has not been suspended or revoked previously, except under
s. 344.14 (1), or when the operator's present demerit point accumulation is not more than 25% above the demerit point accumulation set for suspension or revocation. In all other cases under this section, the court shall revoke the operating privilege of such operator.
343.30(1g)
(1g) A court may revoke a person's operating privilege upon the person's conviction for violating
s. 343.44 (1) or a local ordinance in conformity therewith by operating a motor vehicle while operating privileges are suspended or revoked. A court shall revoke a person's operating privilege upon the person's conviction for violating
s. 343.44 (1) or a local ordinance in conformity therewith by operating a motor vehicle while operating privileges are suspended or revoked if the suspension or revocation was for improperly refusing to take a test under
s. 343.305, violating
s. 346.63 (1) or
(5) or a local ordinance in conformity therewith, or violating
s. 346.63 (2) or
(6),
940.09 (1) or
940.25. The revocation shall be for any period not exceeding 6 months.
343.30(1n)
(1n) A court shall suspend the operating privilege of a person for a period of 15 days upon the person's conviction by the court of exceeding the applicable speed limit as established by
s. 346.57 (4) (gm) or
(h), by 25 or more miles per hour. If the conviction makes the person subject to revocation under
s. 343.32 or suspension or revocation under
s. 343.085, the court shall immediately suspend the license, taking possession of the license and shall forward it to the department which shall proceed to act as authorized under
s. 343.32 or
343.085, but any revocation or suspension by the secretary shall date from the day the court took possession of the license.
343.30(1p)
(1p) Notwithstanding
sub. (1), a court shall suspend the operating privilege of a person for 3 months upon the person's conviction by the court for violation of
s. 346.63 (2m) or a local ordinance in conformity with
s. 346.63 (2m). If there was a minor passenger under 16 years of age in the motor vehicle at the time of the violation that gave rise to the conviction under
s. 346.63 (2m) or a local ordinance in conformity with
s. 346.63 (2m), the court shall suspend the operating privilege of the person for 6 months.
343.30(1q)(a)(a) If a person is convicted under
s. 346.63 (1) or a local ordinance in conformity therewith, the court shall proceed under this subsection. If a person is convicted under
s. 346.63 (2) or
940.25, or
s. 940.09 where the offense involved the use of a vehicle, the court shall proceed under
pars. (c) and
(d). If a person is referred by the department acting under
s. 343.16 (5) (a), the department shall proceed under
pars. (c) and
(d) without the order of the court.
343.30(1q)(b)1.
1. The court shall suspend or revoke the person's operating privilege under this paragraph according to the number of previous suspensions, revocations or convictions that would be counted under
s. 343.307 (1). Suspensions, revocations and convictions arising out of the same incident shall be counted as one. If a person has a conviction, suspension or revocation for any offense that is counted under
s. 343.307 (1), that conviction, suspension or revocation shall count as a prior conviction, suspension or revocation under this subdivision.
343.30(1q)(b)2.
2. Except as provided in
subd. 3.,
4. or
4m., for the first conviction, the court shall suspend the person's operating privilege for not less than 6 months nor more than 9 months. The person is eligible for an occupational license under
s. 343.10 at any time.
343.30(1q)(b)3.
3. Except as provided in
subd. 4m., if the number of convictions, suspensions and revocations within a 5-year period equals 2, the court shall revoke the person's operating privilege for not less than one year nor more than 18 months. After the first 60 days of the revocation period, the person is eligible for an occupational license under
s. 343.10 if he or she has completed the assessment and is complying with the driver safety plan ordered under
par. (c).
343.30(1q)(b)4.
4. Except as provided in
subd. 4m., if the number of convictions, suspensions and revocations within a 10-year period equals 3 or more, the court shall revoke the person's operating privilege for not less than 2 years nor more than 3 years. After the first 90 days of the revocation period, the person is eligible for an occupational license under
s. 343.10 if he or she has completed the assessment and is complying with the driver safety plan ordered under
par. (c).
343.30(1q)(b)4m.
4m. If there was a minor passenger under 16 years of age in the motor vehicle at the time of the violation that gave rise to the conviction under
s. 346.63 (1) or a local ordinance in conformity with
s. 346.63 (1), the applicable minimum and maximum suspension or revocation periods under
subd. 2.,
3. or
4. for the conviction are doubled.
343.30(1q)(b)5.
5. The 5-year or 10-year period under this paragraph shall be measured from the dates of the refusals or violations which resulted in the suspensions, revocations or convictions.
343.30(1q)(c)1.1. Except as provided in
subd. 1. a. or
b., the court shall order the person to submit to and comply with an assessment by an approved public treatment facility as defined in
s. 51.45 (2) (c) for examination of the person's use of alcohol, controlled substances or controlled substance analogs and development of a driver safety plan for the person. The court shall notify the department of transportation of the assessment order. The court shall notify the person that noncompliance with assessment or the driver safety plan will result in license suspension until the person is in compliance. The assessment order shall:
343.30(1q)(c)1.a.
a. If the person is a resident, refer the person to an approved public treatment facility in the county in which the person resides. The facility named in the order may provide for assessment of the person in another approved public treatment facility. The order shall provide that if the person is temporarily residing in another state, the facility named in the order may refer the person to an appropriate treatment facility in that state for assessment and development of a driver safety plan for the person satisfying the requirements of that state.
343.30(1q)(c)1.b.
b. If the person is a nonresident, refer the person to an approved public treatment facility in this state. The order shall provide that the facility named in the order may refer the person to an appropriate treatment facility in the state in which the person resides for assessment and development of a driver safety plan for the person satisfying the requirements of that state.
343.30(1q)(c)1.c.
c. Require a person who is referred to a treatment facility in another state under
subd. 1. a. or
b. to furnish the department written verification of his or her compliance from the agency which administers the assessment and driver safety plan program. The person shall provide initial verification of compliance within 60 days after the date of his or her conviction. The requirement to furnish verification of compliance may be satisfied by receipt by the department of such verification from the agency which administers the assessment and driver safety plan program.
343.30(1q)(c)1m.
1m. The person may voluntarily submit to an assessment by an approved public treatment facility, as defined in
s. 51.45 (2) (c), and driver safety plan under this paragraph before the conviction. A prosecutor may not use that voluntary submission to justify a reduction in the charge made against the person. Upon notification of the person's submission to the voluntary assessment and driver safety plan, the court may take that voluntary submission into account when determining the person's sentence, and shall suspend the order to submit to assessment pending the person's completion of the voluntary assessment and driver safety plan.
343.30(1q)(c)2.
2. The department of health and family services shall establish standards for assessment procedures and the driver safety plan programs by rule. The department of health and family services shall establish by rule conflict of interest guidelines for providers.
343.30(1q)(c)3.
3. Prior to developing a plan which specifies treatment, the facility shall make a finding that treatment is necessary and appropriate services are available. The facility shall submit a report of the assessment and the driver safety plan within 14 days to the county department under
s. 51.42, the plan provider, the department of transportation and the person, except that upon request by the facility and the person, the county department may extend the period for assessment for not more than 20 additional workdays. The county department shall notify the department of transportation regarding any such extension.
343.30(1q)(d)
(d) The assessment report shall order compliance with a driver safety plan. The report shall inform the person of the fee provisions under
s. 46.03 (18) (f). The driver safety plan may include a component that makes the person aware of the effect of his or her offense on a victim and a victim's family. The driver safety plan may include treatment for the person's misuse, abuse or dependence on alcohol, controlled substances or controlled substance analogs, or attendance at a school under
s. 345.60, or both. If the plan requires inpatient treatment, the treatment shall not exceed 30 days. A driver safety plan under this paragraph shall include a termination date consistent with the plan which shall not extend beyond one year. The county department under
s. 51.42 shall assure notification of the department of transportation and the person of the person's compliance or noncompliance with assessment and with treatment. The school under
s. 345.60 shall notify the department, the county department under
s. 51.42 and the person of the person's compliance or noncompliance with the requirements of the school. Nonpayment of the assessment fee or, if the person has the ability to pay, nonpayment of the driver safety plan fee is noncompliance with the court order. If the department is notified of any noncompliance, it shall suspend the person's operating privilege until the county department under
s. 51.42 or the school under
s. 345.60 notifies the department that the person is in compliance with assessment or the driver safety plan. The department shall notify the person of the suspension, the reason for the suspension and the person's right to a review. A person may request a review of a suspension based upon failure to comply with a driver safety plan within 10 days of notification. The review shall be handled by the subunit of the department of transportation designated by the secretary. The issues at the review are limited to whether the driver safety plan, if challenged, is appropriate and whether the person is in compliance with the assessment order or the driver safety plan. The review shall be conducted within 10 days after a request is received. If the driver safety plan is determined to be inappropriate, the department shall order a reassessment and if the person is otherwise eligible, the department shall reinstate the person's operating privilege. If the person is determined to be in compliance with the assessment or driver safety plan, and if the person is otherwise eligible, the department shall reinstate the person's operating privilege. If there is no decision within the 10-day period, the department shall issue an order reinstating the person's operating privilege until the review is completed, unless the delay is at the request of the person seeking the review.
343.30(1q)(e)
(e) Notwithstanding
par. (c), if the court finds that the person is already covered by an assessment or is participating in a driver safety plan or has had evidence presented to it by a county department under
s. 51.42 that the person has recently completed assessment, a driver safety plan or both, the court is not required to make an order under
par. (c). This paragraph does not prohibit the court from making an order under
par. (c), if it deems such an order advisable.
343.30(1q)(f)
(f) The department may make any order which the court is authorized or required to make under this subsection if the court fails to do so.
343.30(1q)(h)
(h) The court or department shall provide that the period of suspension or revocation imposed under this subsection shall be reduced by any period of suspension or revocation previously served under
s. 343.305 if the suspension or revocation under
s. 343.305 and the conviction for violation of
s. 346.63 (1) or
(2m) or a local ordinance in conformity therewith arise out of the same incident or occurrence. The court or department shall order that the period of suspension or revocation imposed under this subsection run concurrently with any period of time remaining on a suspension or revocation imposed under
s. 343.305 arising out of the same incident or occurrence. The court may modify an occupational license authorized under
s. 343.305 (8) (d) in accordance with this subsection.
343.30(1z)
(1z) If a court imposes a driver improvement surcharge under
s. 346.655 and the person fails to pay the surcharge within 60 days after the date by which the court ordered the surcharge to be paid, the court may suspend the person's operating privilege until the person pays the surcharge, except that the suspension period may not exceed 5 years. Any period of suspension under this subsection is subject to
sub. (1q) (h).
343.30(2d)
(2d) A court may suspend or revoke a person's operating privilege upon conviction of any offense specified under
ss. 940.225,
948.02,
948.025 and
948.07, if the court finds that it is inimical to the public safety and welfare for the offender to have operating privileges. The suspension or revocation shall be for one year or until discharge from prison or jail sentence or probation or parole with respect to the offenses specified, whichever date is later. Receipt of a certificate of discharge from the department of corrections or other responsible supervising agency, after one year has elapsed since the suspension or revocation, entitles the holder to reinstatement of operating privileges. The holder may be required to present the certificate to the secretary if the secretary deems necessary.
343.30(2m)
(2m) A court may suspend a person's operating privilege upon such person's first conviction for violating
s. 346.93 and may revoke a person's operating privilege upon such person's second or subsequent conviction for violating
s. 346.93. Such suspension or revocation shall be for a period of not less than 30 days nor more than one year.
343.30(3)
(3) The court that ordered the issuance of an occupational license under
sub. (4) may revoke the license whenever the court, upon the facts, does not see fit to permit the licensee to retain the occupational license. The revocation shall be for a period of one year.
343.30(4)
(4) Whenever a court or judge suspends or revokes an operating privilege under this section, the court or judge shall immediately take possession of any suspended or revoked license and shall forward it as provided in
s. 345.48 to the department together with the record of conviction and notice of suspension or revocation. Whenever a court or judge restricts the operating privilege of a person, the court or judge shall forward notice of the restriction to the department.
343.30(5)
(5) No court may suspend or revoke an operating privilege except as authorized by this chapter or
ch. 345,
351 or
938 or
s. 767.303,
800.09 (1) (c),
800.095 (4) (b) 4. or
961.50. When a court revokes, suspends or restricts a child's operating privilege under
ch. 938, the department of transportation shall not disclose information concerning or relating to the revocation, suspension or restriction to any person other than a court, district attorney, county corporation counsel, city, village or town attorney, law enforcement agency, or the minor whose operating privilege is revoked, suspended or restricted, or his or her parent or guardian. Persons entitled to receive this information shall not disclose the information to other persons or agencies.
343.30 Note
NOTE: Sub. (5) is shown as affected by four acts of the 1995 legislature and as merged by the revisor under s. 13.93 (2) (c).
343.30(6)(a)(a) In this subsection, "violation" means a violation of
s. 125.07 (4) (a) or
(b),
125.085 (3) (b) or
125.09 (2) or a local ordinance that strictly conforms to one of those statutes or a law of a federally recognized American Indian tribe or band in this state that strictly conforms to one of those statutes.
343.30(6)(b)1.
1. For a first violation, suspension for 30 to 90 days.
343.30(6)(b)2.
2. For a violation committed within 12 months of a previous violation, suspension for not more than one year.
343.30(6)(b)3.
3. For a violation committed within 12 months of 2 or more previous violations, revocation for not more than 2 years.
343.30(6)(bm)
(bm) If the court imposes a suspension of a person's operating privilege under
s. 125.085 (3) (bd), the suspension shall be for 30 to 90 days.
343.30(6)(c)
(c) Except as provided by
par. (d), the suspension or revocation of the operating privilege under this subsection shall commence on the date of disposition.
343.30(6)(d)
(d) If the person subject to suspension or revocation under this subsection does not hold a valid license under this chapter other than a license under
s. 343.07 or
343.08 on the date of disposition, the suspension or revocation under
par. (b) shall commence on the date that such a license would otherwise be reinstated or issued after the person applies and qualifies for issuance or 2 years from the date of disposition, whichever occurs first.
343.30(6)(e)
(e) If a court suspends or revokes an operating privilege or license under this subsection, it shall immediately take possession of the license and forward it to the department, together with notice of the suspension or revocation.
343.30 History
History: 1971 c. 213 s.
5;
1971 c. 278;
1973 c. 70,
218;
1975 c. 5;
1975 c. 184 s.
13;
1975 c. 199,
297,
421;
1977 c. 29 s.
1654 (7) (a), (c);
1977 c. 30,
64,
193,
203;
1979 c. 221,
300,
331,
333,
355;
1981 c. 20;
1981 c. 79 s.
18;
1983 a. 17;
1983 a. 74 ss.
23m to
26,
32;
1983 a. 192;
1985 a. 80,
176,
337;
1987 a. 3,
17,
285;
1987 a. 332 s.
64;
1989 a. 7,
31,
105,
121,
336;
1991 a. 39,
251,
277,
316;
1993 a. 16,
227,
317;
1995 a. 27,
77,
269,
338,
401,
425,
448; s. 13.93 (2) (c).
343.30 Annotation
Section 343.30 (5) does not preclude the suspension of operating privileges by a municipal court under s. 800.09 or 800.095. City of Milwaukee v. Kilgore, 193 W (2d) 168, 532 NW (2d) 690 (1995).
343.30 Annotation
Suspension or revocation of operating privilege under (1) applies to both the regular driver's license and to the chauffeur's license. 63 Atty. Gen. 240.
343.303
343.303
Preliminary breath screening test. If a law enforcement officer has probable cause to believe that the person is violating or has violated
s. 346.63 (1) or
(2m) or a local ordinance in conformity therewith, or
s. 346.63 (2) or
(6) or
940.25 or
s. 940.09 where the offense involved the use of a vehicle, or if the officer detects any presence of alcohol, a controlled substance, controlled substance analog or other drug, or a combination thereof, on a person driving or operating or on duty time with respect to a commercial motor vehicle or has reason to believe that the person is violating or has violated
s. 346.63 (7) or a local ordinance in conformity therewith, the officer, prior to an arrest, may request the person to provide a sample of his or her breath for a preliminary breath screening test using a device approved by the department for this purpose. The result of this preliminary breath screening test may be used by the law enforcement officer for the purpose of deciding whether or not the person shall be arrested for a violation of
s. 346.63 (1),
(2m),
(5) or
(7) or a local ordinance in conformity therewith, or
s. 346.63 (2) or
(6),
940.09 (1) or
940.25 and whether or not to require or request chemical tests as authorized under
s. 343.305 (3). The result of the preliminary breath screening test shall not be admissible in any action or proceeding except to show probable cause for an arrest, if the arrest is challenged, or to prove that a chemical test was properly required or requested of a person under
s. 343.305 (3). Following the screening test, additional tests may be required or requested of the driver under
s. 343.305 (3). The general penalty provision under
s. 939.61 (1) does not apply to a refusal to take a preliminary breath screening test.
343.303 Annotation
Prosecutor's statement that defendant failed preliminary breath test under s. 343.305 (2) (a), 1975 stats. [now s. 343.303] was improper, but evidence that defendant refused to take breathalyzer test was relevant and constitutionally admissible. State v. Albright, 98 W (2d) 663, 298 NW (2d) 196 (Ct. App. 1980).
343.303 Annotation
Preliminary breath test result is not determinative of probable cause to arrest for driving while intoxicated; low test result does not void grounds for arrest. Dane County v. Sharpee, 154 W (2d) 515, 453 NW (2d) 508 (Ct. App. 1990).
343.303 Annotation
The bar of preliminary breath tests under this section is limited to proceedings related to arrests for offenses contemplated under this statute including those related to motor vehicles and intoxication. State v. Beaver, 181 W (2d) 959, 512 NW (2d) 254 (Ct. App. 1994).
343.305
343.305
Tests for intoxication; administrative suspension and court-ordered revocation. 343.305(1)(b)
(b) "Drive" means the exercise of physical control over the speed and direction of a motor vehicle while it is in motion.
343.305(1)(c)
(c) "Operate" means the physical manipulation or activation of any of the controls of a motor vehicle necessary to put it in motion.
343.305(2)
(2) Implied consent. Any person who is on duty time with respect to a commercial motor vehicle or drives or operates a motor vehicle upon the public highways of this state, or in those areas enumerated in
s. 346.61, is deemed to have given consent to one or more tests of his or her breath, blood or urine, for the purpose of determining the presence or quantity in his or her blood or breath, of alcohol, controlled substances, controlled substance analogs or other drugs, or any combination of alcohol, controlled substances, controlled substance analogs and other drugs, when requested to do so by a law enforcement officer under
sub. (3) (a) or
(am) or when required to do so under
sub. (3) (b). Any such tests shall be administered upon the request of a law enforcement officer. The law enforcement agency by which the officer is employed shall be prepared to administer, either at its agency or any other agency or facility, 2 of the 3 tests under
sub. (3) (a) or
(am), and may designate which of the tests shall be administered first.
343.305(3)(a)(a) Upon arrest of a person for violation of
s. 346.63 (1),
(2m) or
(5) or a local ordinance in conformity therewith, or for a violation of
s. 346.63 (2) or
(6) or
940.25, or
s. 940.09 where the offense involved the use of a vehicle, a law enforcement officer may request the person to provide one or more samples of his or her breath, blood or urine for the purpose specified under
sub. (2). Compliance with a request for one type of sample does not bar a subsequent request for a different type of sample.
343.305(3)(am)
(am) Prior to arrest, a law enforcement officer may request the person to provide one or more samples of his or her breath, blood or urine for the purpose specified under
sub. (2) whenever a law enforcement officer detects any presence of alcohol, a controlled substance, a controlled substance analog or other drug, or a combination thereof, on a person driving or operating or on duty time with respect to a commercial motor vehicle or has reason to believe the person is violating or has violated
s. 346.63 (7). Compliance with a request for one type of sample does not bar a subsequent request for a different type of sample. For the purposes of this paragraph, "law enforcement officer" includes inspectors in the performance of duties under
s. 110.07 (3).
343.305(3)(b)
(b) A person who is unconscious or otherwise not capable of withdrawing consent is presumed not to have withdrawn consent under this subsection, and if a law enforcement officer has probable cause to believe that the person has violated
s. 346.63 (1),
(2m) or
(5) or a local ordinance in conformity therewith, or
s. 346.63 (2) or
(6) or
940.25, or
s. 940.09 where the offense involved the use of a vehicle, or detects any presence of alcohol, controlled substance, controlled substance analog or other drug, or a combination thereof, on a person driving or operating or on duty time with respect to a commercial motor vehicle or has reason to believe the person has violated
s. 346.63 (7), one or more samples specified in
par. (a) or
(am) may be administered to the person.
