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, 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 2 years.
343.30(2d)
(2d) A court may suspend a person's operating privilege upon conviction of any offense specified under
ss. 940.225,
948.02,
948.025,
948.07, or
948.085, 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).
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 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
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. 767.73,
800.09 (1) (c),
800.095 (4) (b) 4.,
943.21 (3m), 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.
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, 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 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 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 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;
1999 a. 32,
109,
143;
2001 a. 15,
16,
38;
2003 a. 30,
80;
2005 a. 277;
2005 a. 443 s.
265;
2005 a. 466.
343.30 Cross-reference
Cross Reference: See also ch.
HFS 62, Wis. adm. code.
343.30 Annotation
Sub. (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 Wis. 2d 168,
532 N.W.2d 690 (1995).
343.30 Annotation
Suspension or revocation of operating privileges applies to both a regular driver license and to a chauffeur's license. 63 Atty. Gen. 240.
343.301
343.301
Installation of ignition interlock device or immobilization of a motor vehicle. 343.301(1)(a)1.1. Except as provided in
subd. 2., if a person improperly refuses to take a test under
s. 343.305 or violates
s. 346.63 (1) or
(2),
940.09 (1), or
940.25, and the person has a total of one or more prior convictions, suspensions, or revocations, counting convictions under
ss. 940.09 (1) and
940.25 in the person's lifetime and other convictions, suspensions, and revocations counted under
s. 343.307 (1), the court may order that the person's operating privilege for the operation of "Class D" vehicles be restricted to operating "Class D" vehicles that are equipped with an ignition interlock device.
343.301(1)(a)2.
2. If a person improperly refuses to take a test under
s. 343.305 or violates
s. 346.63 (1) or
(2),
940.09 (1), or
940.25, and the person has a total of 2 or more convictions, suspensions, or revocations, counted under
s. 343.307 (1) within any 5-year period, the court shall order that the person's operating privilege for the operation of "Class D" vehicles be restricted to operating vehicles that are equipped with an ignition interlock device and shall order that each motor vehicle for which the person's name appears on the vehicle's certificate of title or registration be equipped with an ignition interlock device. If equipping each motor vehicle with an ignition interlock device under this subdivision would cause an undue financial hardship, the court may order that one or more motor vehicles subject to this subdivision not be equipped with an ignition interlock device. This subdivision does not apply if the court enters an order under
sub. (2) (a) 2. or, if the person has 2 or more prior convictions, suspensions, or revocations for purposes of this subdivision, to the motor vehicle owned by the person and used in the violation or refusal if the court orders the vehicle to be seized and forfeited under
s. 346.65 (6).
343.301(1)(b)1.1. The court may restrict the operating privilege restriction under
par. (a) 1. for a period of not less than one year nor more than the maximum operating privilege revocation period permitted for the refusal or violation.
343.301(1)(b)2.
2. The court shall order the operating privilege restriction and the installation of an ignition interlock device under
par. (a) 2. for a period of not less than one year nor more than the maximum operating privilege revocation period permitted for the refusal or violation, beginning one year after the operating privilege revocation period begins.
343.301(1)(c)
(c) If the court enters an order under
par. (a), the person shall be liable for the reasonable cost of equipping and maintaining any ignition interlock device installed on his or her motor vehicle.
343.301(1)(d)
(d) A person to whom an order under
par. (a) applies violates that order if he or she requests or permits another to blow into an ignition interlock device or to start a motor vehicle equipped with an ignition interlock device for the purpose of providing the person an operable motor vehicle without the necessity of first submitting a sample of his or her breath to analysis by the ignition interlock device.
343.301(2)(a)1.1. Except as provided in
subd. 2., if a person improperly refuses to take a test under
s. 343.305 or violates
s. 346.63 (1) or
(2),
940.09 (1), or
940.25, and the person has a total of one or more prior convictions, suspensions, or revocations, counting convictions under
ss. 940.09 (1) and
940.25 in the person's lifetime and other convictions, suspensions, and revocations counted under
s. 343.307 (1), the court may order that the motor vehicle used during the refusal or violation and owned by the person be immobilized.
343.301(2)(a)2.
2. If a person improperly refuses to take a test under
s. 343.305 or violates
s. 346.63 (1) or
(2),
940.09 (1), or
940.25, and the person has a total of 2 or more convictions, suspensions, or revocations counted under
s. 343.307 (1) within any 5-year period, the court shall order that each motor vehicle for which the person's name appears on the vehicle's certificate of title or registration be immobilized. If immobilizing each motor vehicle under this subdivision would cause undue hardship to any person, except the person to whom the order applies, who is completely dependent on a motor vehicle subject to immobilization for the necessities of life, including a family member or any person who holds legal title to a motor vehicle with the person to whom the order applies, the court may order that one or more motor vehicles subject to this subdivision not be immobilized. This subdivision does not apply if the court enters an order under
sub. (1) (a) 1. or, if the person has 2 or more prior convictions, suspensions, or revocations for purposes of this subdivision, to the motor vehicle owned by the person and used in the violation or refusal if the court orders the vehicle to be seized and forfeited under
s. 346.65 (6).
343.301(2)(b)1.1. The court may order the immobilization under
par. (a) 1. for a period of not less than one year nor more than the maximum operating privilege revocation period permitted for the refusal or violation.
343.301(2)(b)2.
2. The court shall order the immobilization under
par. (a) 2. for a period of not less than one year nor more than the maximum operating privilege revocation period permitted for the refusal or violation, beginning on the first day of the operating privilege revocation period.
343.301(2)(c)
(c) If the court orders that the person's motor vehicle be immobilized, the person shall be liable for the reasonable cost of equipping and maintaining any immobilization device installed on his or her motor vehicle.
343.301(2)(d)
(d) The court shall notify the department, in a form and manner prescribed by the department, that an order to immobilize a motor vehicle has been entered. The registration records of the department shall reflect that the order has been entered against the motor vehicle and remains unexecuted. Any law enforcement officer may execute that order based on the information provided by the department. The law enforcement agency shall notify the department when an order has been executed under this paragraph and the department shall amend its vehicle registration records to reflect that notification.
343.301(2)(e)
(e) Within 10 days after immobilizing a motor vehicle under
par. (d), the law enforcement agency that immobilized the vehicle shall provide notice of the immobilization to all lienholders of record. The notice shall set forth the year, make, model, and vehicle identification number of the motor vehicle, where the motor vehicle is located and the reason for the immobilization.
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
A prosecutor's statement that the defendant failed a preliminary breath test was improper, but evidence that the defendant refused to take a breathalyzer test was relevant and constitutionally admissible. State v. Albright,
98 Wis. 2d 663,
298 N.W.2d 196 (Ct. App. 1980).
343.303 Annotation
A preliminary breath test result is not determinative of probable cause to arrest for driving while intoxicated. A low test result does not void the grounds for arrest. Dane County v. Sharpee,
154 Wis. 2d 515,
453 N.W.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 Wis. 2d 959,
512 N.W.2d 254 (Ct. App. 1994).
343.303 Annotation
This section bars the evidentiary use of preliminary breath test results in motor vehicle violation cases, but not in other actions. Prosecutors who wish to rely on PBT results are required to present evidence of the device's scientific accuracy as a foundation for admission. State v. Doerr,
229 Wis. 2d 616,
599 N.W.2d 897 (Ct. App. 1999),
98-1047.
343.303 Annotation
"Probable cause to believe" refers to a quantum of evidence greater than reasonable suspicion to make an investigative stop, but less than probable cause to make an arrest. County of Jefferson v. Renz,
231 Wis. 2d 293,
603 N.W.2d 541 (1999),
97-3512.
343.303 Annotation
Blood may be drawn in a search incident to an arrest for a non-drunk-driving offense if the police reasonably suspect that the defendant's blood contains evidence of a crime. This section does not prohibit the consideration of a suspect's refusal to submit to a PBT for purposes of determining whether a warrantless involuntary draw of the suspect's blood was supported by reasonable suspicion. State v. Repenshek, 2004 WI App 229,
277 Wis. 2d 780,
691 N.W.2d 369,
03-3089 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) (ar) or
(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),
(am), or
(ar), 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, or upon arrest subsequent to a refusal under
par. (ar), 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)(ar)
(ar) If a person is the operator of a vehicle that is involved in an accident that causes the death of or great bodily harm to any person, and a law enforcement officer detects any presence of alcohol, a controlled substance, a controlled substance analog or other drug, or a combination thereof, the law enforcement officer may request the operator 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. A person who is unconscious or otherwise not capable of withdrawing consent is presumed not to have withdrawn consent under this paragraph and one or more samples specified in
par. (a) or
(am) may be administered to the person. If a person refuses to take a test under this paragraph, he or she may be arrested under
par. (a).
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),
(am), or
(ar), 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),
(am), or
(ar), 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),
(am), or
(ar). 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),
(am), or
(ar). 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),
(am), or
(ar) 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(5)(e)
(e) 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 having a detectable amount of a restricted controlled substance in his or her blood, the results of a blood test administered in accordance with this section are admissible on any issue relating to the presence of a detectable amount of a restricted controlled substance in the person's blood. 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),
(am), or
(ar) 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 Cross-reference
Cross Reference: See also ch.
Trans 316, Wis. adm. code.
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.
