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.
343.305(3)(c)
(c) This section does not limit the right of a law enforcement officer to obtain evidence by any other lawful means.
343.305(4)
(4) Information. At the time a chemical test specimen is requested under
sub. (3) (a) or
(am), the person shall be orally informed by the law enforcement officer that:
343.305(4)(a)
(a) He or she is deemed to have consented to tests under
sub. (2);
343.305(4)(b)
(b) If testing is refused, a motor vehicle owned by the person may be immobilized, seized and forfeited or equipped with an ignition interlock device if the person has 2 or more prior suspensions, revocations or convictions within a 10-year period that would be counted under
s. 343.307 (1) and the person's operating privilege will be revoked under this section;
343.305(4)(c)
(c) If one or more tests are taken and the results of any test indicate that the person has a prohibited alcohol concentration and was driving or operating a motor vehicle, the person will be subject to penalties, the person's operating privilege will be suspended under this section and a motor vehicle owned by the person may be immobilized, seized and forfeited or equipped with an ignition interlock device if the person has 2 or more prior convictions, suspensions or revocations within a 10-year period that would be counted under
s. 343.307 (1); and
343.305(4)(d)
(d) After submitting to testing, the person tested has the right to have an additional test made by a person of his or her own choosing.
343.305(4m)
(4m) Information related to commercial motor vehicles. If the person has possession of a commercial motor vehicle license or if the incident giving rise to the request for a sample under
sub. (3) (a) or
(am) is related to the driving, operating or being on duty time with respect to a commercial motor vehicle, at the time when a sample is requested under
sub. (3) (a) or
(am), the law enforcement officer shall orally inform the person of all of the following, in addition to the information provided under
sub. (4):
343.305(4m)(a)
(a) That, if one or more tests are taken and the results of any test indicate that the person has an alcohol concentration of 0.04 or more and was driving or operating a commercial motor vehicle, the person will, upon conviction of such offense, be subject to penalties and disqualified from operating a commercial motor vehicle.
343.305(4m)(b)
(b) That, if one or more tests are taken and the results of any test indicate that the person has an alcohol concentration above 0.0 and was driving or operating or on duty time with respect to a commercial motor vehicle, the person will be subject to penalties and issuance of an out-of-service order for the 24 hours following the test.
343.305(4m)(c)
(c) That, if testing is refused and the person was driving or operating or on duty time with respect to a commercial motor vehicle, the person will be issued an out-of-service order for the 24 hours following the refusal.
343.305(5)
(5) Administering the test; additional tests. 343.305(5)(a)(a) If the person submits to a test under this section, the officer shall direct the administering of the test. A blood test is subject to
par. (b). The person who submits to the test is permitted, upon his or her request, the alternative test provided by the agency under
sub. (2) or, at his or her own expense, reasonable opportunity to have any qualified person of his or her own choosing administer a chemical test for the purpose specified under
sub. (2). If the person has not been requested to provide a sample for a test under
sub. (3) (a) or
(am), the person may request a breath test to be administered by the agency or, at his or her own expense, reasonable opportunity to have any qualified person administer any test specified under
sub. (3) (a) or
(am). The failure or inability of a person to obtain a test at his or her own expense does not preclude the admission of evidence of the results of any test administered under
sub. (3) (a) or
(am). If a person requests the agency to administer a breath test and if the agency is unable to perform that test, the person may request the agency to perform a test under
sub. (3) (a) or
(am) that it is able to perform. The agency shall comply with a request made in accordance with this paragraph.
343.305(5)(b)
(b) Blood may be withdrawn from the person arrested for violation of
s. 346.63 (1),
(2),
(2m),
(5) or
(6) or
940.25, or
s. 940.09 where the offense involved the use of a vehicle, or a local ordinance in conformity with
s. 346.63 (1),
(2m) or
(5), or as provided in
sub. (3) (am) or
(b) to determine the presence or quantity of alcohol, a controlled substance, a controlled substance analog or any other drug, or any combination of alcohol, controlled substance, controlled substance analog and any other drug in the blood only by a physician, registered nurse, medical technologist, physician assistant or person acting under the direction of a physician.
343.305(5)(c)
(c) A person acting under
par. (b), the employer of any such person and any hospital where blood is withdrawn by any such person have immunity from civil or criminal liability under
s. 895.53.
343.305(5)(d)
(d) At the trial of any civil or criminal action or proceeding arising out of the acts committed by a person alleged to have been driving or operating a motor vehicle while under the influence of an intoxicant, a controlled substance, a controlled substance analog or any other drug, or under the influence of any combination of alcohol, a controlled substance, a controlled substance analog and any other drug, to a degree which renders him or her incapable of safely driving, or under the combined influence of an intoxicant and any other drug to a degree which renders him or her incapable of safely driving, or having a prohibited alcohol concentration, or alleged to have been driving or operating or on duty time with respect to a commercial motor vehicle while having an alcohol concentration above 0.0 or possessing an intoxicating beverage, regardless of its alcohol content, or within 4 hours of having consumed or having been under the influence of an intoxicating beverage, regardless of its alcohol content, or of having an alcohol concentration of 0.04 or more, the results of a test administered in accordance with this section are admissible on the issue of whether the person was under the influence of an intoxicant, a controlled substance, a controlled substance analog or any other drug, or under the influence of any combination of alcohol, a controlled substance, a controlled substance analog and any other drug, to a degree which renders him or her incapable of safely driving or under the combined influence of an intoxicant and any other drug to a degree which renders him or her incapable of safely driving or any issue relating to the person's alcohol concentration. Test results shall be given the effect required under
s. 885.235.
343.305 Note
NOTE: Par. (d) is shown as affected by two acts of the 1995 legislature and as merged by the revisor under s. 13.93 (2) (c).
343.305(6)(a)(a) Chemical analyses of blood or urine to be considered valid under this section shall have been performed substantially according to methods approved by the laboratory of hygiene and by an individual possessing a valid permit to perform the analyses issued by the department of health and family services. The department of health and family services shall approve laboratories for the purpose of performing chemical analyses of blood or urine for alcohol, controlled substances or controlled substance analogs and shall develop and administer a program for regular monitoring of the laboratories. A list of approved laboratories shall be provided to all law enforcement agencies in the state. Urine specimens are to be collected by methods specified by the laboratory of hygiene. The laboratory of hygiene shall furnish an ample supply of urine and blood specimen containers to permit all law enforcement officers to comply with the requirements of this section.
343.305(6)(b)
(b) The department of transportation shall approve techniques or methods of performing chemical analysis of the breath and shall:
343.305(6)(b)1.
1. Approve training manuals and courses throughout the state for the training of law enforcement officers in the chemical analysis of a person's breath;
343.305(6)(b)2.
2. Certify the qualifications and competence of individuals to conduct the analysis;
343.305(6)(b)3.
3. Have trained technicians, approved by the secretary, test and certify the accuracy of the equipment to be used by law enforcement officers for chemical analysis of a person's breath under
sub. (3) (a) or
(am) before regular use of the equipment and periodically thereafter at intervals of not more than 120 days; and
343.305(6)(b)4.
4. Issue permits to individuals according to their qualifications.
343.305(6)(c)
(c) For purposes of this section, if a breath test is administered using an infrared breath-testing instrument:
343.305(6)(c)1.
1. The test shall consist of analyses in the following sequence: one adequate breath sample analysis, one calibration standard analysis, and a 2nd, adequate breath sample analysis.
343.305(6)(c)2.
2. A sample is adequate if the instrument analyzes the sample and does not indicate the sample is deficient.
343.305(6)(c)3.
3. Failure of a person to provide 2 separate, adequate breath samples in the proper sequence constitutes a refusal.
343.305(6)(d)
(d) The department of transportation may promulgate rules pertaining to the calibration and testing of preliminary breath screening test devices.
343.305(7)
(7) Chemical test; administrative suspension. 343.305(7)(a)(a) If a person submits to chemical testing administered in accordance with this section and any test results indicate a prohibited alcohol concentration, the law enforcement officer shall report the results to the department and take possession of the person's license and forward it to the department. The person's operating privilege is administratively suspended for 6 months.
343.305(7)(b)
(b) If a person who was driving or operating or on duty time with respect to a commercial motor vehicle submits to chemical testing administered in accordance with this section and any test results indicate an alcohol concentration above 0.0, the law enforcement officer may take possession of the person's license and retain the license for 24 hours. The person may reclaim a seized license in person or request return of the license by mail. The law enforcement officer shall issue a citation for violation of
s. 346.63 (7) (a) 1., issue citations for such other violations as may apply and issue an out-of-service order to the person for the 24 hours after the testing, and report both the out-of-service order and the test results to the department in the manner prescribed by the department. If the person is a nonresident, the department shall report issuance of the out-of-service order to the driver licensing agency in the person's home jurisdiction.
343.305(8)
(8) Chemical test; administrative suspension; administrative and judicial review. 343.305(8)(a)(a) The law enforcement officer shall notify the person of the administrative suspension under
sub. (7) (a). The notice shall advise the person that his or her operating privilege will be administratively suspended and that he or she has the right to obtain administrative and judicial review under this subsection. This notice of administrative suspension serves as a 30-day temporary license. An administrative suspension under
sub. (7) (a) becomes effective at the time the 30-day temporary license expires. The officer shall submit or mail a copy of the notice to the department.
343.305(8)(am)
(am) The law enforcement officer shall provide the person with a separate form for the person to use to request the administrative review under this subsection. The form shall clearly indicate how to request an administrative review and shall clearly notify the person that this form must be submitted within 10 days from the notice date indicated on the form or the person's hearing rights will be deemed waived. The form shall, in no less than 16-point boldface type, be titled: IMPORTANT NOTICE — RESPOND WITHIN TEN (10) DAYS.
343.305(8)(b)1.1. Within 10 days after the notification under
par. (a), or, if the notification is by mail, within 13 days, excluding Saturdays, Sundays and holidays, after the date of the mailing, the person may request, in writing, that the department review the administrative suspension. The review procedure is not subject to
ch. 227. The department shall hold the hearing on the matter in the county in which the offense allegedly occurred or at the nearest office of the department if the offense allegedly occurred in a county in which the department does not maintain an office. The department shall hold a hearing regarding the administrative suspension within 30 days after the date of notification under
par. (a). The person may present evidence and may be represented by counsel. The arresting officer need not appear at the administrative hearing unless subpoenaed under
s. 805.07, but he or she must submit a copy of his or her report and the results of the chemical test to the hearing examiner.
343.305(8)(b)2.
2. The administrative hearing under this paragraph is limited to the following issues:
343.305(8)(b)2.b.
b. Whether the person was informed of the options regarding tests under this section as required under
sub. (4) or under
subs. (4) and
(4m).
343.305(8)(b)2.bm.
bm. Whether the person had a prohibited alcohol concentration at the time the offense allegedly occurred.
343.305(8)(b)2.c.
c. Whether one or more tests were administered in accordance with this section.
343.305(8)(b)2.d.
d. If one or more tests were administered in accordance with this section, whether each of the test results for those tests indicate the person had a prohibited alcohol concentration.
343.305(8)(b)2.f.
f. Whether the person was driving or operating a commercial motor vehicle when the offense allegedly occurred.
343.305(8)(b)3.
3. The hearing examiner shall conduct the administrative hearing in an informal manner. No testimony given by any witness may be used in any subsequent action or proceeding. The hearing examiner may permit testimony by telephone if the site of the administrative hearing is equipped with telephone facilities to allow multiple party conversations.
343.305(8)(b)4.
4. The hearing examiner shall consider and determine the reliability of all of the evidence presented at the administrative hearing. Statements and reports of law enforcement officers are subject to the same standards of credibility applied to all other evidence presented.
343.305(8)(b)5.
5. If the hearing examiner finds that the criteria for administrative suspension have not been satisfied or that the person did not have a prohibited alcohol concentration at the time the offense allegedly occurred, the examiner shall order that the administrative suspension of the person's operating privilege be rescinded without payment of the fee under
s. 343.21 (1) (j). If the hearing examiner finds that the criteria for administrative suspension have been satisfied and that the person had a prohibited alcohol concentration at the time the offense allegedly occurred, the administrative suspension shall continue regardless of the type of vehicle driven or operated at the time of the violation. The hearing examiner shall notify the person in writing of the hearing decision, of the right to judicial review and of the court's authority to issue a stay of the suspension under
par. (c). The administrative suspension is vacated and the person's operating privilege shall be automatically reinstated under
s. 343.39 if the hearing examiner fails to mail this notice to the person within 30 days after the date of the notification under
par. (a).
343.305(8)(c)1.1. An individual aggrieved by the determination of the hearing examiner may have the determination reviewed by the court hearing the action relating to the applicable violation listed under
sub. (3) (a) or
(am). If the individual seeks judicial review, he or she must file the request for judicial review with the court within 20 days of the issuance of the hearing examiner's decision. The court shall send a copy of that request to the department. The judicial review shall be conducted at the time of the trial of the underlying offense under
s. 346.63. The prosecutor of the underlying offense shall represent the interests of the department.
343.305(8)(c)2.
2. The court shall order that the administrative suspension be either rescinded or sustained and forward its order to the department. The department shall vacate the administrative suspension under
sub. (7) unless, within 60 days of the date of the request for judicial review of the administrative hearing decision, the department has been notified of the result of the judicial review or of an order of the court entering a stay of the hearing examiner's order continuing the suspension.
343.305(8)(c)3.
3. Any party aggrieved by the order of a circuit court under
subd. 2. may appeal to the court of appeals. Any party aggrieved by the order of a municipal court under subd. 2 may appeal to the circuit court for the county where the offense allegedly occurred.
343.305(8)(c)4.
4. A request for judicial review under this subsection does not stay any administrative suspension order.
343.305(8)(c)5.
5. If any court orders under this subsection that the administrative suspension of the person's operating privilege be rescinded, the person need not pay the fee under
s. 343.21 (1) (j).
343.305(8)(d)
(d) A person who has his or her operating privilege administratively suspended under this subsection is eligible for an occupational license under
s. 343.10 at any time.
343.305(9)
(9) Refusals; notice and court hearing. 343.305(9)(a)(a) If a person refuses to take a test under
sub. (3) (a), the law enforcement officer shall immediately take possession of the person's license and prepare a notice of intent to revoke, by court order under
sub. (10), the person's operating privilege. If the person was driving or operating a commercial motor vehicle, the officer shall issue an out-of-service order to the person for the 24 hours after the refusal and notify the department in the manner prescribed by the department. The officer shall issue a copy of the notice of intent to revoke the privilege to the person and submit or mail a copy with the person's license to the circuit court for the county in which the refusal is made. The officer shall also mail a copy of the notice of intent to revoke to the district attorney for that county and the department. The notice of intent to revoke the person's operating privilege shall contain substantially all of the following information:
