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.
Effective date note
NOTE: Par. (d) is amended eff. 5-1-2000 or the date stated in the notice published by the secretary of transportation in the Wisconsin Administrative Register under s. 85.515, whichever is earlier, by
1997 Wis. Act 84 to read:
Effective date text
(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, other than for nonpayment of the assessment fee or driver safety plan fee, it shall revoke 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. If the department is notified that a person has not paid the assessment fee, or that a person with the ability to pay has not paid the driver safety plan fee, the department shall suspend the person's operating privilege for a period of 2 years or until it receives notice that the person has paid the fee, whichever occurs first. The department shall notify the person of the suspension or revocation, the reason for the suspension or revocation and the person's right to a review. A person may request a review of a revocation 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).
Effective date note
NOTE: Sub. (1z) is amended eff. 5-1-2000 or the date stated in the notice published by the secretary of transportation in the Wisconsin Administrative Register under s. 85.515, whichever is earlier, by
1997 Wis. Act 84 to read:
Effective date text
(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 2 years.
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, extended supervision 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.
Effective date note
NOTE: Sub. (2d) is shown below as affected by two acts of the 1997 legislature and as merged by the revisor under s. 13.93 (2) (c) eff. 5-1-2000 or the date stated in the notice published by the secretary of transportation in the Wisconsin Administrative Register under s. 85.515, whichever is earlier.
Effective date text
(2d) A court may suspend 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 shall be for one year or until discharge from prison or jail sentence or probation, extended supervision 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, 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(2g)
(2g) A court may suspend or revoke a person's operating privilege for any period not exceeding one year upon conviction of that person for violating
s. 346.67,
346.68 or
346.69. This subsection does not apply to circumstances that require the department to revoke a person's operating privilege under
s. 343.31 (1) (d) or
(3) (i) or
(j).
Effective date note
NOTE: Sub. (2g) is created eff. 5-1-2000 or the date stated in the notice published by the secretary of transportation in the Wisconsin Administrative Register under s. 85.515, whichever is earlier, by
1997 Wis. Act 84.
343.30(2j)(a)(a) A court may revoke a person's operating privilege upon the person's first conviction for violating
s. 346.44 or
346.62 (2m) and shall revoke a person's operating privilege upon the person's 2nd or subsequent conviction within a 5-year period for violating
s. 346.44 or
346.62 (2m). The revocation shall be for a period of 6 months. For purposes of determining prior convictions for purposes of this paragraph, the 5-year period shall be measured from the dates of the violations that resulted in the convictions. Each conviction under
s. 346.44 or
346.62 (2m) shall be counted, except that convictions under
s. 346.44 and
346.62 (2m) arising out of the same incident or occurrence shall be counted as a single conviction.
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.
Effective date note
NOTE: Sub. (2m) is amended eff. 5-1-2000 or the date stated in the notice published by the secretary of transportation in the Wisconsin Administrative Register under s. 85.515, whichever is earlier, by
1997 Wis. Act 84 to read:
Effective date text
(2m) A court may suspend a person's operating privilege upon conviction of the person for violating s. 346.93. Such suspension 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.
Effective date note
NOTE: Sub. (3) is amended eff. 5-1-2000 or the date stated in the notice published by the secretary of transportation in the Wisconsin Administrative Register under s. 85.515, whichever is earlier, by
1997 Wis. Act 84 to read:
Effective date text
(3) The court that ordered the issuance of an occupational license under s. 343.10 (4) (b) may withdraw the order to issue the license whenever the court, upon the facts, does not see fit to permit the licensee to retain the occupational license. Upon receiving notice that a court has withdrawn its order to issue an occupational license, the department shall cancel that license.
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 juvenile'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(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.
Effective date note
NOTE: Par. (b) (intro.) is amended eff. 5-1-2000 or the date stated in the notice published by the secretary of transportation in the Wisconsin Administrative Register under s. 85.515, whichever is earlier, by
1997 Wis. Act 84 to read:
Effective date text
(b) If a court imposes suspension of a person's operating privilege under s. 125.07 (4) (c) or 938.344 (2), (2b) or (2d), the suspension imposed shall be one of the following:
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.
Effective date note
NOTE: Subd. 3. is amended eff. 5-1-2000 or the date stated in the notice published by the secretary of transportation in the Wisconsin Administrative Register under s. 85.515, whichever is earlier, by
1997 Wis. Act 84 to read:
Effective date text
3. For a violation committed within 12 months of 2 or more previous violations, suspension 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.
Effective date note
NOTE: Par. (c) is amended eff. 5-1-2000 or the date stated in the notice published by the secretary of transportation in the Wisconsin Administrative Register under s. 85.515, whichever is earlier, by
1997 Wis. Act 84 to read:
Effective date text
(c) Except as provided by par. (d), the suspension 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.
Effective date note
NOTE: Par. (d) is amended eff. 5-1-2000 or the date stated in the notice published by the secretary of transportation in the Wisconsin Administrative Register under s. 85.515, whichever is earlier, by
1997 Wis. Act 84 to read:
Effective date text
(d) If the person subject to suspension 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 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.
Effective date note
NOTE: Par. (e) is repealed eff. 5-1-2000 or the date stated in the notice published by the secretary of transportation in the Wisconsin Administrative Register under s. 85.515, whichever is earlier.
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;
1997 a. 35,
84,
135,
237,
283; 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 that a chemical test specimen is requested under
sub. (3) (a) or
(am), the law enforcement officer shall read the following to the person from whom the test specimen is requested:
"You have either been arrested for an offense that involves driving or operating a motor vehicle while under the influence of alcohol or drugs, or both, or you are suspected of driving or being on duty time with respect to a commercial motor vehicle after consuming an intoxicating beverage.
This law enforcement agency now wants to test one or more samples of your breath, blood or urine to determine the concentration of alcohol or drugs in your system. If any test shows more alcohol in your system than the law permits while driving, your operating privilege will be suspended. If you refuse to take any test that this agency requests, your operating privilege will be revoked and you will be subject to other penalties. The test results or the fact that you refused testing can be used against you in court.
If you take all the requested tests, you may choose to take further tests. You may take the alternative test that this law enforcement agency provides free of charge. You also may have a test conducted by a qualified person of your choice at your expense. You, however, will have to make your own arrangements for that test.
If you have a commercial driver license or were operating a commercial motor vehicle, other consequences may result from positive test results or from refusing testing, such as being placed out of service or disqualified."
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(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(6)(e)1.1. In this paragraph, "licensor" means the department of health and family services or, with respect to permits issued under
par. (b) 4., the department of transportation.
343.305(6)(e)2.
2. In addition to any other information required by the licensor, an application for a permit or laboratory approval under this subsection shall include the following:
343.305(6)(e)2.a.
a. In the case of an individual, the individual's social security number.
343.305(6)(e)2.b.
b. In the case of a person who is not an individual, the person's federal employer identification number.
