346.63 Annotation
Alcohol and other drugs in Wisconsin drivers: The laboratory perspective. Field. 69 MLR 235 (1986).
346.63 Annotation
Effective use of expert testimony in the defense of drunk driving cases. Olson, WBB December 1981.
346.63 Annotation
The new OMVWI law: Wisconsin changes its approach to the problem of drinking and driving. Hammer, WBB April, May 1982.
346.63 Annotation
Double Jeopardy: A New Tool in the Arsenal of Drunk Driving Defenses. Sines & Ekman. Wis. Law. Dec. 1995.
346.635
346.635
Report arrest or out-of-service order to department. Whenever a law enforcement officer arrests a person for a violation of
s. 346.63 (1),
(5) or
(7), 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, the officer shall notify the department of the arrest and of issuance of an out-of-service order under
s. 343.305 (7) (b) or
(9) (am) as soon as practicable.
346.635 History
History: 1981 c. 20;
1989 a. 105.
346.637
346.637
Driver awareness program. The department shall conduct a campaign to educate drivers in this state concerning:
346.637(1)
(1) The laws relating to operating a motor vehicle and drinking alcohol, using controlled substances or controlled substance analogs, or using any combination of alcohol, controlled substances and controlled substance analogs.
346.637(2)
(2) The effects of alcohol, controlled substances or controlled substance analogs, or the use of them in any combination, on a person's ability to operate a motor vehicle.
346.637 History
History: 1981 c. 20;
1995 a. 448.
346.64
346.64
Employment of drunken operators. 346.64(1)
(1) No person who owns or has direct control of a commercial motor vehicle or any vehicle operated upon a highway for the conveyance of passengers for hire shall employ as an operator of such vehicle and retain in the person's employment any person who is addicted to the excessive use of intoxicating liquor or to the use of a controlled substance or controlled substance analog under
ch. 961. In addition to being subject to fine or imprisonment as prescribed by law, such person shall forfeit $5 for each day such operator is retained in the person's employ.
346.64(2)
(2) Upon conviction of an operator of a commercial motor vehicle or any vehicle operated for the conveyance of passengers for hire, for driving or operating such vehicle while under the influence of an intoxicant, the owner or person having direct control of such vehicle shall discharge such operator from such employment. No person shall employ or retain in employment as an operator of a commercial motor vehicle or a vehicle operated upon a highway for the conveyance of passengers for hire any person who has been so convicted within the preceding 6-month period or any person during a period of disqualification under
s. 343.315, unless
s. 343.055 (2) applies. In addition to being subject to fine or imprisonment as prescribed by law, such person shall forfeit $5 for each day such operator is retained in the person's employ contrary to the provisions of this subsection.
346.65
346.65
Penalty for violating sections 346.62 to 346.64. 346.65(1)(a)
(a) May be required to forfeit not less than $25 nor more than $200, except as provided in
par. (b).
346.65(1)(b)
(b) May be fined not less than $50 nor more than $500 or imprisoned for not more than one year in the county jail or both if the total of convictions under
s. 346.62 (2) or a local ordinance in conformity therewith or a law of a federally recognized American Indian tribe or band in this state in conformity with
s. 346.62 (2) equals 2 or more in a 4-year period. The 4-year period shall be measured from the dates of the violations which resulted in the convictions.
346.65(2)(a)
(a) Shall forfeit not less than $150 nor more than $300, except as provided in
pars. (b) to
(f).
346.65(2)(b)
(b) Except as provided in
par. (f), shall be fined not less than $300 nor more than $1,000 and imprisoned for not less than 5 days nor more than 6 months if the total number of suspensions, revocations and convictions counted under
s. 343.307 (1) equals 2 in a 5-year period. Suspensions, revocations or convictions arising out of the same incident or occurrence shall be counted as one.
346.65(2)(c)
(c) Except as provided in
par. (f), shall be fined not less than $600 nor more than $2,000 and imprisoned for not less than 30 days nor more than one year in the county jail if the total number of suspensions, revocations and convictions counted under
s. 343.307 (1) equals 3 in a 10-year period, except that suspensions, revocations or convictions arising out of the same incident or occurrence shall be counted as one.
346.65(2)(d)
(d) Except as provided in
par. (f), shall be fined not less than $600 nor more than $2,000 and imprisoned for not less than 60 days nor more than one year in the county jail if the total number of suspensions, revocations and convictions counted under
s. 343.307 (1) equals 4 in a 10-year period, except that suspensions, revocations or convictions arising out of the same incident or occurrence shall be counted as one.
346.65(2)(e)
(e) Except as provided in
par. (f), shall be fined not less than $600 nor more than $2,000 and imprisoned for not less than 6 months nor more than one year in the county jail if the total number of suspensions, revocations and convictions counted under
s. 343.307 (1) equals 5 or more in a 10-year period, except that suspensions, revocations or convictions arising out of the same incident or occurrence shall be counted as one.
346.65(2)(f)
(f) 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), the applicable minimum and maximum forfeitures, fines or imprisonment under
par. (a),
(b),
(c),
(d) or
(e) for the conviction are doubled. An offense under
s. 346.63 (1) that subjects a person to a penalty under
par. (c),
(d) or
(e) when there is a minor passenger under 16 years of age in the motor vehicle is a felony and the place of imprisonment shall be determined under
s. 973.02.
346.65(2c)
(2c) In
sub. (2) (b) to
(e), the 5-year or 10-year period shall be measured from the dates of the refusals or violations that resulted in the revocation or convictions. If a person has a suspension, revocation or conviction for any offense under a local ordinance or a state statute of another state that would be counted under
s. 343.307 (1), that suspension, revocation or conviction shall count as a prior suspension, revocation or conviction under
sub. (2) (b) to
(e).
346.65(2e)
(2e) If the court determines that a person does not have the ability to pay the costs and fine or forfeiture imposed under
sub. (2) (a),
(b),
(c),
(d),
(e) or
(f), the court may reduce the costs, fine and forfeiture imposed and order the person to pay, toward the cost of the assessment and driver safety plan imposed under
s. 343.30 (1q) (c), the difference between the amount of the reduced costs and fine or forfeiture and the amount of costs and fine or forfeiture imposed under
sub. (2) (a),
(b),
(c),
(d),
(e) or
(f).
346.65(2g)(a)(a) In addition to the authority of the court under
s. 973.05 (3) (a) to provide that a defendant perform community service work for a public agency or a nonprofit charitable organization in lieu of part or all of a fine imposed under
sub. (2) (b) to
(f), the court may provide that a defendant perform community service work for a public agency or a nonprofit charitable organization in lieu of part or all of a forfeiture under
sub. (2) (a) or may require a person who is subject to
sub. (2) to perform community service work for a public agency or a nonprofit charitable organization in addition to the penalties specified under
sub. (2). Notwithstanding
s. 973.05 (3) (b), an order may only apply if agreed to by the organization or agency. The court shall ensure that the defendant is provided a written statement of the terms of the community service order and that the community service order is monitored. Any organization or agency acting in good faith to which a defendant is assigned pursuant to an order under this subsection has immunity from any civil liability in excess of $25,000 for acts or omissions by or impacting on the defendant. The issuance or possibility of the issuance of a community service order under this subsection does not entitle an indigent defendant who is subject to
sub. (2) (a) to representation by counsel under
ch. 977.
346.65(2g)(b)
(b) The court may require a person ordered to perform community service work under
par. (a), or under
s. 973.05 (3) (a) if that person's fine resulted from violating
s. 346.63 (2),
940.09 (1) or
940.25, to participate in community service work that demonstrates the adverse effects of substance abuse or of operating a vehicle while under the influence of an intoxicant or other drug, including working at an alcoholism treatment facility approved under
s. 51.45, an emergency room of a general hospital or a driver awareness program under
s. 346.637. The court may order the person to pay a reasonable fee, based on the person's ability to pay, to offset the cost of establishing, maintaining and monitoring the community service work ordered under this paragraph. If the opportunities available to perform community service work are fewer in number than the number of defendants eligible under this subsection, the court shall, when making an order under this paragraph, give preference to defendants who were under 21 years of age at the time of the offense. All provisions of
par. (a) apply to any community service work ordered under this paragraph.
346.65(2g)(c)
(c) If there was a minor passenger under 16 years of age in the motor vehicle or commercial motor vehicle at the time of the violation that gave rise to the conviction, the court may require a person ordered to perform community service work under
par. (a), or under
s. 973.05 (3) (a) if that person's fine resulted from violating
s. 346.63 (2),
(5) (a) or
(6) (a),
940.09 (1) or
940.25, to participate in community service work that benefits children or that demonstrates the adverse effects on children of substance abuse or of operating a vehicle while under the influence of an intoxicant or other drug. The court may order the person to pay a reasonable fee, based on the person's ability to pay, to offset the cost of establishing, maintaining and monitoring the community service work ordered under this paragraph.
346.65(2i)
(2i) In addition to the authority of the court under
sub. (2g) and
s. 973.05 (3) (a), the court may order a defendant subject to
sub. (2), or a defendant subject to
s. 973.05 (3) (a) who violated
s. 346.63 (2),
940.09 (1) or
940.25, to visit a site that demonstrates the adverse effects of substance abuse or of operating a vehicle while under the influence of an intoxicant or other drug, including an alcoholism treatment facility approved under
s. 51.45 or an emergency room of a general hospital in lieu of part or all of any forfeiture imposed or in addition to any penalty imposed. The court may order the defendant to pay a reasonable fee, based on the person's ability to pay, to offset the costs of establishing, maintaining and monitoring the visits ordered under this subsection. The court may order a visit to the site only if agreed to by the person responsible for the site. If the opportunities available to visit sites under this subsection are fewer than the number of defendants eligible for a visit, the court shall, when making an order under this subsection, give preference to defendants who were under 21 years of age at the time of the offense. The court shall ensure that the visit is monitored. A visit to a site may be ordered for a specific time and a specific day to allow the defendant to observe victims of vehicle accidents involving intoxicated drivers. If it appears to the court that the defendant has not complied with the court order to visit a site or to pay a reasonable fee, the court may order the defendant to show cause why he or she should not be held in contempt of court. Any organization or agency acting in good faith to which a defendant is assigned pursuant to an order under this subsection has immunity from any civil liability in excess of $25,000 for acts or omissions by or impacting on the defendant. The issuance or possibility of the issuance of an order under this subsection does not entitle an indigent defendant who is subject to
sub. (2) (a) to representation by counsel under
ch. 977.
346.65(2j)(a)
(a) Shall forfeit not less than $150 nor more than $300 except as provided in
par. (b),
(c) or
(d).
346.65(2j)(b)
(b) Except as provided in
par. (d), shall be fined not less than $300 nor more than $1,000 and imprisoned for not less than 5 days nor more than 6 months if the total of prior convictions, suspension and revocations counted under
s. 343.307 (2) equals 2 in a 5-year period.
346.65(2j)(c)
(c) Except as provided in
par. (d), shall be fined not less than $600 nor more than $2,000 and imprisoned for not less than 30 days nor more than one year in the county jail if the total of prior convictions, suspensions and revocations counted under
s. 343.307 (2) equals 3 or more in a 10-year period.
346.65(2j)(d)
(d) If there was a minor passenger under 16 years of age in the commercial motor vehicle at the time of the violation that gave rise to the conviction under
s. 346.63 (5), the applicable minimum and maximum forfeitures, fines or imprisonment under
par. (a),
(b) or
(c) for the conviction are doubled. An offense under
s. 346.63 (5) that subjects a person to a penalty under
par. (c) when there is a minor passenger under 16 years of age in the commercial motor vehicle is a felony and the place of imprisonment shall be determined under
s. 973.02.
346.65(2m)
(2m) In imposing a sentence under
sub. (2) for a violation of
s. 346.63 (1) (b) or
(5) or a local ordinance in conformity therewith, the court shall review the record and consider the aggravating and mitigating factors in the matter. If the level of the person's blood alcohol level is known, the court shall consider that level as a factor in sentencing. The chief judge of each judicial administrative district shall adopt guidelines, under the chief judge's authority to adopt local rules under
SCR 70.34, for the consideration of aggravating and mitigating factors.
346.65(2q)
(2q) Any person violating
s. 346.63 (2m) shall forfeit $10. 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 346.63 (2m), the forfeiture is $20.
346.65(2r)(a)(a) In addition to the other penalties provided for violation of
s. 346.63, a judge may order a defendant to pay restitution under
s. 973.20.
346.65(2r)(b)
(b) This subsection is applicable in actions concerning violations of local ordinances in conformity with
s. 346.63.
346.65(2u)(c)
(c) If a person arrested for a violation of
s. 346.63 (7) refuses to take a test under
s. 343.305, the refusal is a separate violation and the person is subject to revocation of the person's operating privilege under
s. 343.305 (10) (em).
346.65(2w)
(2w) In determining the number of prior convictions for purposes of
sub. (2j), the court shall count suspensions, revocations and convictions that would be counted under
s. 343.307 (2). Revocations, suspensions and convictions arising out of the same incident or occurrence shall be counted as one. The 5-year or 10-year period shall be measured from the dates of the refusals or violations which resulted in the revocation, suspension or convictions. If a person has a suspension, revocation or conviction for any offense that is counted under
s. 343.307 (2), that suspension, revocation or conviction shall count as a prior suspension, revocation or conviction under this section.
346.65(3)
(3) Except as provided in
sub. (5m), any person violating
s. 346.62 (3) shall be fined not less than $300 nor more than $2,000 and may be imprisoned for not less than 30 days nor more than one year in the county jail.
346.65(3m)
(3m) Any person violating
s. 346.63 (2) or
(6) shall be fined not less than $300 nor more than $2,000 and may be imprisoned for not less than 30 days nor more than one year in the county jail. 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 (2) or
(6), the offense is a felony, the applicable minimum and maximum fines or periods of imprisonment for the conviction are doubled and the place of imprisonment shall be determined under
s. 973.02.
346.65(4)
(4) Any person violating
s. 346.64 may be fined not less than $50 nor more than $500 or imprisoned not more than 6 months or both.
346.65(5)
(5) Except as provided in
sub. (5m), any person violating
s. 346.62 (4) shall be fined not less than $600 nor more than $2,000 and may be imprisoned for not less than 90 days nor more than 18 months.
346.65(5m)
(5m) If an operator of a vehicle violates
s. 346.62 (2) to
(4) where persons engaged in work in a highway maintenance or construction area are at risk from traffic, any applicable minimum and maximum forfeiture or fine specified in
sub. (1),
(3) or
(5) for the violation shall be doubled.
346.65(6)(a)1.1. Except as provided in this paragraph, the court may order a law enforcement officer to seize a motor vehicle, or, if the motor vehicle is not ordered seized, shall order a law enforcement officer to equip the motor vehicle with an ignition interlock device or immobilize any motor vehicle owned by the person whose operating privilege is revoked under
s. 343.305 (10) or who committed a violation of
s. 346.63 (1) (a) or
(b) or
(2) (a) 1. or
2.,
940.09 (1) (a) or
(b) or
940.25 (1) (a) or
(b) if the person whose operating privilege is revoked under
s. 343.305 (10) or who is convicted of the violation has 2 prior suspensions, revocations or convictions within a 10-year period that would be counted under
s. 343.307 (1). The court shall not order a motor vehicle equipped with an ignition interlock device or immobilized if that would result in undue hardship or extreme inconvenience or would endanger the health and safety of a person.
346.65(6)(a)2m.
2m. A person who owns a motor vehicle subject to seizure, equipping with an ignition interlock device or immobilization under this paragraph shall surrender to the clerk of circuit court the certificate of title issued under
ch. 342 for every motor vehicle owned by the person. The person shall comply with this subdivision within 5 working days after receiving notification of this requirement from the district attorney. When a district attorney receives a copy of a notice of intent to revoke the operating privilege under
s. 343.305 (9) (a) of a person who has 2 or more convictions, suspensions or revocations within a 5-year period, as counted under
s. 343.307 (1), or when a district attorney notifies the department of the filing of a criminal complaint against a person under
s. 342.12 (4) (a), the district attorney shall notify the person of the requirement to surrender all certificates of title to the clerk of circuit court. The notification shall include the time limits for that surrender, the penalty for failure to comply with the requirement and the address of the clerk of circuit court. The clerk of circuit court shall promptly return each certificate of title surrendered to the clerk of circuit court under this subdivision after stamping the certificate of title with the notation "Per section 346.65 (6) of the Wisconsin statutes, ownership of this motor vehicle may not be transferred without prior court approval". Any person failing to surrender a certificate of title as required under this subdivision shall forfeit not more than $500.
346.65(6)(a)3.
3. The court shall notify the department, in a form and manner prescribed by the department, that an order to equip a motor vehicle with an ignition interlock device, to immobilize a motor vehicle or to seize a motor vehicle has been entered. The registration records of the department shall reflect that the order has been entered against the vehicle and remains unexecuted. Any law enforcement officer may execute that order and shall transfer any motor vehicle ordered seized to the law enforcement agency that was originally ordered to seize the vehicle based on the information provided by the department. The law enforcement agency shall notify the department when an order has been executed under this subdivision and the department shall amend its vehicle registration records to reflect that notification.
346.65(6)(a)4.
4. The following motor vehicles are not subject to seizure and forfeiture under this subsection:
346.65(6)(a)4.a.
a. A motor vehicle used by any person as a common carrier in the transaction of business as a common carrier unless the owner or other person in charge of the motor vehicle had knowledge of or consented to the commission of the violation or refusal.
346.65(6)(a)4.b.
b. A commercial motor vehicle used by any person unless the owner or other person in charge of the commercial motor vehicle had knowledge of or consented to the commission of the violation or refusal.
346.65(6)(a)4.c.
c. A rented or leased motor vehicle used by a person other than the owner of the motor vehicle unless the violation or refusal was committed with the knowledge or consent of the owner of the motor vehicle.
346.65(6)(b)
(b) Within 10 days after seizing or immobilizing a motor vehicle under
par. (a), the law enforcement agency that seized or immobilized the vehicle shall provide notice of the seizure or immobilization by certified mail to the owner of the motor vehicle and to all lienholders of record. The notice shall set forth the year, make, model and serial number of the motor vehicle, where the motor vehicle is located, the reason for the seizure or immobilization, and the forfeiture procedure if the vehicle was seized. When a motor vehicle is seized under this section, the law enforcement agency that seized the vehicle shall place the motor vehicle in a secure place subject to the order of the court.
346.65(6)(c)
(c) The district attorney of the county where the motor vehicle was seized shall commence an action to forfeit the motor vehicle within 30 days after the motor vehicle is seized. The action shall name the owner of the motor vehicle and all lienholders of record as parties. The forfeiture action shall be commenced by filing a summons, complaint and affidavit of the law enforcement agency with the clerk of circuit court. Upon service of an answer, the action shall be set for hearing within 60 days after the service of the answer. If no answer is served or no issue of law or fact joined and the time for that service or joining of issues has expired, the court may render a default judgment as provided in
s. 806.02.
346.65(6)(d)
(d) At the hearing set under
par. (c), the state has the burden of proving to a reasonable certainty by the greater weight of the credible evidence that the motor vehicle is a motor vehicle owned by a person who committed a violation of
s. 346.63 (1) (a) or
(b) or
(2) (a) 1. or
2.,
940.09 (1) (a) or
(b) or
940.25 (1) (a) or
(b) and, if the seizure is under
par. (a) 1., that the person had 2 prior convictions, suspensions or revocations within a 10-year period as counted under
s. 343.307 (1) or, if the seizure is under
par. (a) 2.,
3 or more prior convictions, suspensions or revocations within a 10-year period as counted under
s. 343.307 (1). If the owner of the motor vehicle proves by a preponderance of the evidence that he or she was not convicted of a violation of
s. 346.63 (1) (a) or
(b) or
(2) (a) 1. or
2.,
940.09 (1) (a) or
(b) or
940.25 (1) (a) or
(b), or, if the seizure is under
par. (a) 1., that he or she did not have 2 prior convictions, suspensions or revocations within a 10-year period as counted under
s. 343.307 (1) or, if the seizure is under
par. (a) 2.,
3 or more prior convictions, suspensions or revocations within a 10-year period as counted under
s. 343.307 (1), the motor vehicle shall be returned to the owner upon the payment of storage costs.
346.65(6)(e)
(e) If, upon default or after a hearing, the court determines that the motor vehicle is forfeited to the state, the law enforcement agency that seized the motor vehicle shall dispose of the motor vehicle by sealed bid or auction sale following the procedure under
s. 342.40 (3) (c), except as provided in
par. (em). The law enforcement agency that seized the motor vehicle shall distribute 50% of the proceeds of the sale in the following order:
346.65(6)(e)1.
1. To pay the costs of the sale and of the seizure and storage of the motor vehicle.
346.65(6)(e)2.
2. To pay the law enforcement agency that arrested the violator for the costs of the arrest, investigation and prosecution.
346.65(6)(e)3.
3. To pay the district attorney's costs of prosecution.
346.65(6)(em)
(em) If there is a perfected security interest in the motor vehicle, the law enforcement officer shall transfer the motor vehicle to the lienholder having the primary perfected security interest for sale following the procedure under
s. 342.40 (3) (c). The lienholder shall distribute the proceeds of the sale in the following order:
346.65(6)(em)1.
1. To pay the primary lienholder for the amount of the lien, plus costs incurred in selling the vehicle.
346.65(6)(em)2.
2. To pay any other lienholder of record for the amount of the lien.
346.65(6)(em)3.
3. To pay any balance remaining to the law enforcement officer for distribution under
pars. (e),
(f) and
(g).
346.65(6)(f)
(f) If a motor vehicle forfeited and sold under this subsection is owned in whole or in part by a person other than the person who committed the violation under
par. (a), any moneys remaining from the sale, after making any payment to the lienholders under
par. (em) and as provided in
par. (e) 1. to
4., shall be paid to that person to the extent of the person's interest in the motor vehicle.
346.65(6)(g)
(g) Any balance remaining from the proceeds of the sale of the motor vehicle after the distribution under
par. (f) shall be deposited in the school fund.
346.65(6)(h)
(h) After a determination is made that a motor vehicle seized is not subject to forfeiture, the agency having custody of the motor vehicle shall take reasonable steps to notify the owner or other person in charge of the motor vehicle of the location of the motor vehicle and of his or her right to take possession of the motor vehicle.
346.65(6)(k)
(k) No person may transfer ownership of any motor vehicle that is subject to immobilization or seizure or to equipping with an ignition interlock device under this subsection or make application for a new certificate of title under
s. 342.18 for the motor vehicle unless the court determines that the transfer is in good faith and not for the purpose of or with the effect of defeating the purposes of this subsection. The department may cancel a title or refuse to issue a new certificate of title in the name of the transferee as owner to any person who violates this paragraph.
346.65(6)(m)
(m) The court may order a vehicle to be immobilized under this subsection for not more than the period that the person's operating privilege is revoked under
s. 343.30 or
343.31. The court may order a vehicle to be equipped with an ignition interlock device under this subsection for not more than 2 years more than the period that the person's operating privilege is revoked under
s. 343.30 or
343.31. If the court orders any motor vehicle immobilized or equipped with an ignition interlock device under this subsection, the owner shall be liable for the reasonable costs of the immobilization or the equipping of the ignition interlock device. If a motor vehicle that is immobilized is subject to a security agreement, the court shall release the motor vehicle to the secured party upon the filing of an affidavit by the secured party that the security agreement is in default and upon payment of the accrued cost of immobilizing the motor vehicle.
346.65(7)
(7) A person convicted under
sub. (2) (b),
(c),
(d) or
(e) or
(2j) (b) or
(c) shall be required to remain in the county jail for not less than a 48-consecutive-hour period.
346.65 History
History: 1971 c. 278;
1973 c. 218;
1977 c. 193;
1979 c. 221;
1981 c. 20;
1985 a. 80,
337;
1987 a. 3,
27,
398,
399;
1989 a. 105,
176,
271;
1991 a. 39,
251,
277,
315;
1993 a. 198,
317,
475;
1995 a. 44,
338,
359,
425.
346.65 Cross-reference
Cross-reference: For suspension or revocation of operating privileges upon convictions for OWI see s.
343.30.
346.65 Annotation
Penalty provisions of (2) (a) are mandatory and apply to violations committed prior to conviction for 1st offense within 5-year period. State v. Banks, 105 W (2d) 32, 313 NW (2d) 67 (1981).
346.65 Annotation
See note to Art. I, sec. 7, citing State v. Novak, 107 W (2d) 31, 318 NW (2d) 364 (1982).
346.65 Annotation
State has exclusive jurisdiction over second offense for drunk driving. County of Walworth v. Rohner, 108 W (2d) 713, 324 NW (2d) 682 (1982).
346.65 Annotation
Under (3), fine is mandatory but jail sentence is discretionary. State v. McKenzie, 139 W (2d) 171, 407 NW (2d) 274 (Ct. App. 1987).
346.65 Annotation
Term of probation with condition of 30-day confinement in county jail is inadequate to meet mandatory imprisonment requirement of (2) (c). State v. Meddaugh, 148 W (2d) 204, 435 NW (2d) 269 (Ct. App. 1988).
346.65 Annotation
A judgment entered in municipal court against a defendant for what is actually a second or subsequent offense is null and void. The state may proceed against the defendant criminally regardless of whether the judgment in municipal court is vacated. City of Kenosha v. Jensen, 184 W (2d) 91, 516 NW (2d) 4 (Ct. App. 1994).
346.65 Annotation
Where person is charged under 346.63 (1) as second offense, charge may not be reduced to violation as first offense and court may not sentence under 346.65 (2) (a) 1. Department must treat this as second offense for purposes of revocation under 343.31 (1) (b). 69 Atty. Gen. 47.
