Wisconsin Legislature: Trans 107.09(4)(b)

(3) Refusal, persons under age 19. If a person less than 19 years of age refuses to submit to chemical tests upon arrest for a violation of s. 346.63 (2m), Stats., or a local ordinance or a law of a federally-recognized American Indian tribe or band in this state in conformity therewith, the person is eligible for an occupational license under s. 343.10, Stats., after the first 15 days of the revocation period. The person shall not be required to comply with any assessment or driver safety plan for the refusal.

Note: Section 346.63 (2m), Stats., requires absolute sobriety of drivers less than 19 years of age. Section 343.305 (10) (em), Stats., provides for a 15-day occupational license waiting period.

(4) Department action in lieu of court action. As provided under ss. 343.30 (1q) (f) and 343.305 (10) (f), Stats., the department shall order:

(a) The minimum revocation or suspension provided under statute when the court fails to order a revocation or suspension.

(b) An assessment when the court fails to order one.

(5) Notice of licensing action.

(a) Persons affected by any departmental licensing action shall be given written notice, by first class mail, sent to the address last known to the department.

(b) A notice of license denial, cancellation, revocation or suspension, shall include the reason for the action. Cancellations and notices of suspension for noncompliance shall include information on any applicable review and appeal procedures.

History: Cr. Register, November, 1982, No. 323, eff. 12-1-82; am. (1) (b), (h), (i) and (j), Register, March, 1984, No. 339, eff. 4-1-84; am. (1) (d) to (h), (j), (2) (b) and (c), (4) (a), Register, September, 1986, No. 369, eff. 10-1-86; emerg. am. (1) (j), cr. (2) (g), eff. 4-24-87; am. (1) (j) and (k), (2) (intro.) and (d), renum. (2) (f), (3) to (5) to be (3) to (6) and am. (3), (4) (intro.) and (6), cr. (2) (f), Register, May, 1988, No. 389, eff. 6-1-88; r. (1) (intro.), am. (1) (b), (e) to (i), (2) (a), (c), (d), (f) and (6), cr. (1) (hm) and (l) to (o), r. and recr. (1) (j), (k) and (3), Register, June, 1993, No. 450, eff. 7-1-93; am. (1) (j) 2., 3., (n), r. (6), Register, September, 1996, No. 489, eff. 10-1-96; correction in (1) (o) made under s. 13.92 (4) (b) 7., Stats., Register March 2012 No. 675; CR 22-048: am. (1) (g) Register July 2023 No. 811, eff. 8-1-23.

Trans 107.09 Departmental review.

(1) In accordance with s. 343.30 (1q) (d) or 343.305 (10) (d), Stats., a person may request in writing within 10 days of license suspension, a review of license suspension for not complying with a driver safety plan as a result of a court ordered or department ordered assessment.

(2) The review shall be conducted by the review unit.

(3) The issues of the review shall be limited to:

(a) Whether the person is in compliance with the driver safety plan, and

(b) Whether the driver safety plan is appropriate.

(4)

(a) The department shall conduct a review of an assessment, driver safety plan, or amended driver safety plan upon receipt of a written request for review under s. 343.30 (1q) (d) or 343.305 (10) (d), Stats. The review shall be completed within 10 business days of receipt of the request by the department.

(am) The driver assessment and required driver safety plan shall be found to be appropriate if the diagnostic or certainty level of symptoms identified on the assessment report of physiological, behavioral, psychological or attitudinal symptoms, supports the assessment findings made by the assessor on department forms as follows:

1. ‘Chemical dependency.’ An assessment finding of chemical dependency is appropriate if assessment shows the presence of any of the following:

a. One or more level 1 indicators of physiological dependency from the major criteria.

b. One or more level 1 indicators of dependency from the psychological, attitudinal or behavioral minor or major criteria are present together with 3 or more level 2 indicators of any type.

2. ‘Suspected chemical dependency.’ An assessment finding of suspected chemical dependency is appropriate if assessment shows 5 or more level 2 indicators of any type from the minor and major criteria.

3. ‘Borderline chemical abuse.’ An assessment finding of borderline chemical abuse is appropriate if assessment shows any of the following:

a. One level 1 indicator of substance problems from the psychological, attitudinal or behavioral criteria.

b. Three or 4 level 2 indicators of any type are present together with any level 3 indicators of any type.

4. ‘Chemical abuse.’ An assessment finding of chemical abuse is appropriate if assessment shows any of the following:

a. An absence of level 1 indicators and some level 2 or 3 indicators, but fewer level 2 and 3 indicators than are needed to justify a finding of chemical dependency, suspected chemical dependency or borderline chemical abuse.

b. A conviction for OWI.

Note: The Wisconsin Assessment of the Impaired Driver, form MV3649, and the Order For Assessment and Driver Safety Plan Report, form MV3634, refer to “chemical abuse” and “borderline chemical abuse” as “Irresponsible Substance Use” and “Irresponsible Substance Use - Borderline.” The form refers to the criteria in s. Trans 107.09(4)(am)4. as “insufficient evidence for a progressive pattern of substance abuse.”

(b) The department shall consider the following in determining the appropriateness of a driver safety plan:

1. A finding of chemical abuse does not support in-patient treatment or extensive out-patient treatment.

2. A finding of suspected alcohol dependency does not support in-patient treatment.

3. A finding of chemical abuse does support educational program recommendations.

4. A finding of suspected chemical dependency does support out-patient treatment or a combination of education and out-patient treatment.

5. A finding of chemical dependency does support in-patient treatment, extensive outpatient treatment, or combination of treatment.

6. A finding of borderline chemical abuse does support short term outpatient individual or group counseling, or a combination of education and outpatient counseling.

(c) A driver safety plan shall be considered inappropriate if it is a program in another state that does not meet the standards of sub. (9).

(5) When the driver safety plan is found to be appropriate, the suspension shall remain in effect until notification from a county department that the person is complying with the driver safety plan received by the department and the person has paid the reinstatement fee(s) required by s. 343.21 (1) (j), Stats.

(6) When the driver safety plan is found to be inappropriate or the person is found to be in compliance with the driver safety plan, the suspension shall be released under the provisions of s. 343.39 (1) (c) and (2), Stats., and the fee specified in s. 343.21 (1) (j), Stats., shall not be charged for reinstatement of the license, under the provisions of s. 343.30 (1q) (d) or 343.305 (10) (d), Stats., and

(7) When the driver safety plan is found to be inappropriate by the department or a court, the person shall be required to furnish the department with another assessment and driver safety plan within 30 days under s. 343.30 (1q) (d) or 343.305 (10) (d), Stats.

(8) Under s. 343.30 (1q) (d) or 343.305 (10) (d), Stats., the department shall grant a delay in the review decision at the written request of the person seeking the review.

(9) A driver safety plan recommending treatment in another state is acceptable if approved by the county department or another state’s program, it includes an examination of the driver’s chemical abuse or dependency level, and it recommends an individualized plan or a program of education or treatment.

History: Cr. Register, November, 1982, No. 323, eff. 12-1-82; am. (5), Register, March, 1984, No. 339, eff. 4-1-84; am. (1), (3) (a), (5), (8) and (9), Register, September, 1986, No. 369, eff. 10-1-86; am. (1), (4) (intro.), (6) to (8), Register, May, 1988, No. 389, eff. 6-1-88; am. (4) (a), (b) (intro.), 1. to 4., (7) and (9), cr. (4) (d), Register, June, 1993, No. 450, eff. 7-1-93; r. and recr. (4) (intro.), (a), (b) (intro.), cr. (4) (b) 6., r. (4) (c), renum. (4) (d) to be (c) and am., Register, September, 1996, No. 489, eff. 10-1-96; reprinted to correct error in (4) (b) 6., Register, December, 1996, No. 492.

Trans 107.10 Review boards.

(1) If the decision to deny or cancel operating privileges is based in part on the results of a special examination and a medical report involving chemical abuse or dependency under s. 343.16 (5), Stats., a person may request an appearance before a review board, or a review by a board of the information on file with the department.

(2) After receiving the recommendation of a review board, the department shall notify the person of the department’s decision within 10 working days after the person’s appearance before the review board. The notice shall include the review board’s recommendations and department’s decision and shall state the reasons for the decision.

Note: The department’s decision to cancel, deny, suspend or revoke licenses under this chapter is subject to judicial review, in accordance with s. 343.40, Stats.

History: Cr. Register, November, 1982, No. 323, eff. 12-1-82; am. (1), Register, June, 1993, No. 450, eff. 7-1-93.

Trans 107.11 Effective dates, transition provisions, and miscellaneous provisions.

(1) The effective date of all departmental suspensions or revocations under this chapter shall be the date the order was mailed, except if the person is currently under suspension or revocation, the effective date shall be the date the license was surrendered for the previous action, or the date of the conviction causing the new suspensions or revocation, whichever is later.

(2) For the purpose of counting the number of refusal revocations, OWI convictions, or arrests, all such convictions, refusal revocations, or arrests prior to, on, or after May 1, 1982 shall be counted by the department using the date of offense or arrest.

(3) Reductions in periods of revocation or suspension under ss. 343.30 (1q) (h) and 343.305 (10) (g), Stats., shall be made by the department as provided in ss. 343.30 (1q) (f) and 343.305 (10) (f), Stats.

(4) The reinstatement date for suspensions for noncompliance with assessment or a driver safety plan under ss. 343.30 (1q) (d) and 343.305 (10) (d), Stats., shall be the date the reinstatement fee is paid or the date the department receives the notice of compliance, whichever is later.

(5) Implied consent refusals and OWI convictions from the same incident shall be counted as one.

(6) As authorized by ss. 343.30 (1q) (b) 1. and 346.63 (1) (c), Stats., if 2 citations are issued for the same arrest incident under s. 346.63 (1) (a) and (b), (2) (a) 1. and 2., Stats., or 2 citations or complaints for s. 940.25 (1) (a) and (b) or 940.09 (1) (a) and (b), Stats., they shall be considered as one arrest incident under this chapter.

History: Cr. Register, November, 1982, No. 323, eff. 12-1-82; am. (3), Register, March, 1984, No. 339, eff. 4-1-84; am. (3), Register, September, 1986, No. 369, eff. 10-1-86; am. (2), r. (3), renum. (4) to (8) to be (3) to (7) and am. (3) to (5), Register, May, 1988, No. 389, eff. 6-1-88; r. (2), renum. (3) to (7) to be (2) to (6), Register, January, 1991, No. 421, eff. 2-1-91.