LRB-1816/1
EVM:cdc
2019 - 2020 LEGISLATURE
April 18, 2019 - Introduced by Representatives Kerkman, Ott, Anderson, Kulp,
Kurtz, Mursau, Ohnstad, Skowronski, Spreitzer, C. Taylor, Thiesfeldt and
Tusler, cosponsored by Senators Wanggaard, Darling, Carpenter, Jacque,
Kooyenga and Smith. Referred to Committee on Criminal Justice and Public
Safety.
AB172,1,2
1An Act to amend 345.24 (1) of the statutes;
relating to: release of person after
2arrest for operating a motor vehicle while intoxicated.
Analysis by the Legislative Reference Bureau
Under current law, if a person is arrested for operating a motor vehicle while
under the influence of an intoxicant or with a prohibited alcohol concentration, the
person is taken into custody by a law enforcement officer. The arrested person may
not be released until 12 hours have elapsed from the time of the arrest, or until a
chemical test shows that the person has an alcohol concentration of 0.04 or less,
except that the person may be released to a responsible adult at any time. This bill
eliminates the option of releasing the person to a responsible adult.
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB172,1
3Section
1. 345.24 (1) of the statutes is amended to read:
AB172,2,44
345.24
(1) A person arrested under s. 346.63 (1) or (5) or an ordinance in
5conformity therewith or s. 346.63 (2) or (6) or 940.25, or s. 940.09 where the offense
6involved the use of a vehicle, may not be released until 12 hours have elapsed from
1the time of his or her arrest or unless a chemical test administered under s. 343.305
2shows that the person has an alcohol concentration of less than 0.04
, but the person
3may be released to his or her attorney, spouse, relative or other responsible adult at
4any time after arrest.
