AB167: Bill Text

AB167,,1 2023 ASSEMBLY BILL 167

April 10, 2023 - Introduced by Representatives Murphy, Tusler, Donovan and Rozar, cosponsored by Senator Jacque. Referred to Committee on Criminal Justice and Public Safety.

AB167,,2 An Act to repeal 165.957 (4) (b) 2m., 343.10 (5) (a) 2. and 3., 343.10 (7) (cm), 343.301 (1g) (am), 343.301 (1m), 343.305 (8) (d), 343.32 (1m) (b) 1., 2. and 3. and 961.50 (1) (a), (b) and (c); to renumber and amend 343.10 (2) (e), 343.10 (2) (f), 343.10 (5) (a) 1., 343.301 (1g) (a), 343.305 (8) (am), 343.32 (1m) (b) (intro.), 347.50 (1s), 351.07 (1) and 961.50 (1) (intro.); to amend 110.10 (4m), 165.957 (3) (a), 165.957 (4) (a) 2., 165.957 (4) (b) 1., 165.957 (4) (b) 2., 303.08 (10r), 340.01 (46m) (c), 343.10 (1) (a), 343.10 (2) (a) (intro.), 343.10 (5) (b), 343.165 (5), 343.21 (1) (k), 343.28 (1), 343.30 (1q) (b) 2., 343.30 (1q) (b) 3., 343.30 (1q) (b) 4., 343.30 (1q) (h), 343.301 (title), 343.301 (3), 343.301 (4), 343.301 (5), 343.305 (8) (a), 343.305 (9) (a) (intro.), 343.305 (10) (b) 2., 343.305 (10) (b) 3., 343.305 (10) (b) 4., 343.305 (10) (em), 343.305 (10m), 343.31 (1m) (b), 343.31 (1m) (c), 343.31 (3) (bm) 2., 343.31 (3) (bm) 3., 343.31 (3) (bm) 4., 343.31 (3m) (a), 343.31 (3m) (b), 347.413 (1), 347.413 (3), 347.50 (1t), 351.07 (title), 351.07 (1g), 351.07 (2), 940.09 (1d) and 940.25 (1d); to repeal and recreate 343.301 (2m); and to create 343.01 (2) (bg), 343.03 (3) (br), 343.10 (1) (c), 343.105, 343.105 (1) (d), 343.105 (1) (e) 2., 343.305 (8) (am) 2. and 3., 343.305 (9) (a) 7. and 8. and 351.07 (1) (b) of the statutes; relating to: motor vehicle operators licenses restricting operators to the use of motor vehicles equipped with ignition interlock devices and providing a penalty.

AB167,,3 Analysis by the Legislative Reference Bureau

This bill creates an ignition interlock restricted driver’s license (IIRL).

Under current law, no person may drive or operate a motor vehicle while under the influence of an intoxicant or drug, with a prohibited alcohol concentration, or with a measurable amount of a controlled substance in his or her blood (OWI). A person who does so is subject to penalties that increase, in terms of forfeitures or fines assessed, periods of imprisonment imposed, and periods of time during which the person’s privilege to operate a motor vehicle is suspended or revoked, with each subsequent offense. Current law allows most OWI offenders, after a waiting period that increases with each subsequent OWI offense, to apply for an occupational license that allows the person to operate a motor vehicle for certain limited activities and within certain limited geographic boundaries.

Under current law, a law enforcement officer who arrests a person for an OWI offense may request that the person take a chemical test to determine the amount of alcohol in his or her blood or breath. Under certain other limited circumstances, the officer may request the person to take the test before he or she is arrested. If the person refuses to take the test, the officer takes possession of the person’s driver’s license and issues the person a notice that the Department of Transportation will revoke the person’s driving privilege for a minimum of one year and a maximum of three years, depending on how many prior OWI offenses the person has committed. Under current law, refusing to take a chemical test is counted as an OWI offense. If the person takes the test and the test indicates that the person has committed an OWI, the officer takes possession of the person’s driver’s license and DOT administratively suspends the person’s operating privilege for six months.

A person whose operating privilege is administratively suspended or revoked may, within 10 days, submit a written request for DOT to review his or her administrative suspension or revocation. A person whose operating privilege is administratively suspended for failing a chemical test may apply for an occupational license immediately. A person whose operating privilege is administratively revoked for refusing a test may apply for an occupational license after 30 days for a first OWI offense, after 90 days after a second OWI offense, and after 120 days after a third or subsequent OWI offense. However, if the person has committed two or more OWI offenses within five years, current law requires him or her to wait 12 months before he or she may apply for an occupational license. Current law also requires DOT to administratively suspend or revoke a person’s operating privilege when it receives notification that a person has been convicted of committing certain OWI-related offenses in this state or in another state or on tribal land. The periods of suspension or revocation and the waiting periods for each offense vary but generally increase with the seriousness of the offense and the number of prior OWI offenses the person has committed.

In addition to the administrative suspension for failing a test and the administrative revocation for refusing a test, when a person is convicted of an OWI offense, the convicting court orders the person’s operating privilege be revoked. The length of time for a court-ordered revocation increases with each subsequent OWI offense, as does the waiting period before the person may apply for an occupational license. In general, a person who commits a first OWI offense may apply for an occupational license immediately, and a person with prior OWI offenses may apply after 45 days, unless he or she has committed two or more OWI offenses within five years, in which case the person must wait 12 months before he or she may apply for an occupational license.

Under current law, a court must order a person’s motor vehicle operating privilege be restricted to operating vehicles that are equipped with an ignition interlock device (IID) when a person is convicted of a second or subsequent OWI offense or a first OWI offense while his or her alcohol concentration is 0.15 or greater, refuses to take a test for intoxication, or injures or kills a person while operating a vehicle while intoxicated.

Under current law, the operating privilege restriction stays in place for not less than one year nor more than the maximum operating privilege revocation period permitted for the refusal or violation. A person who violates a court order to install an IID by failing to install, removing, disconnecting, or otherwise tampering with the IID may be fined not less than $150 nor more than $600, imprisoned for not more than six months, or both, for the first offense and may be fined not less than $300 nor more than $1,000, or imprisoned for not more than six months, or both, for a second or subsequent offense.

This bill creates a license called an ignition interlock restricted license. Under the bill, an IIRL permits a person to operate a motor vehicle only if the motor vehicle is equipped with an IID. An IIRL does not impose any geographic limitations, and the person may operate the vehicle for any purpose.

Under the bill, a person who commits a first OWI offense while his or her alcohol concentration is below 0.15 (first offender) and a person who either fails a chemical test or refuses a test has the option of applying for an occupational license or an IIRL. A first offender may be eligible for an IIRL at any time, but if he or she opts for an occupational license, he or she is not eligible to receive that license until 45 days have passed from the time of the conviction.

A person who fails a chemical test and whose operating privilege is administratively suspended may be eligible for an IIRL immediately, if he or she waives his or her right to an administrative hearing on the propriety of the test, and may be eligible for an occupational license 45 days after his or her arrest. If the person requests an administrative hearing and he or she does not prevail at the hearing, he or she may be eligible for an IIRL 15 days after the hearing.

Under the bill, a person whose operating privilege is administratively revoked for improperly refusing a test may be eligible for an IIRL after 30 days and, depending on whether the person has prior OWI convictions or offenses, may be eligible for an occupational license after a waiting period ranging from 45 days for a first offender to 120 days for a person with more than three OWI convictions or offenses.

Under the bill, except for a first offender, anyone who is convicted of or found to have committed an OWI offense is not eligible for an occupational license but may operate a vehicle only under an IIRL. If a person who was eligible for either an occupational license or an IIRL before he or she was convicted of the offense had opted for an IIRL, the person gets credit for the number of days he or she was licensed under the IIRL. Under the bill, the IIRL is in effect for at least one year and remains in effect until any applicable license revocation or operating privilege restriction for the OWI expires.

Under the bill, in order to obtain an IIRL, the person must demonstrate to DOT that any applicable waiting period has passed, that the person has equipped one or more of his or her vehicles with a functioning IID that is approved by DOT, that the person has complied or is complying with any court-ordered assessment and driver safety plan, and that he or she has paid the required fee to DOT.

Under the bill, a person who operates a vehicle that is not equipped with an IID, in violation of his or her restricted operating privilege, may be fined not less than $500 nor more than $1,200, or imprisoned for not more than six months, or both, for the first offense. For a second or subsequent conviction, the person may be fined not less than $600 nor more than $2,000, or imprisoned for not more than six months, or both. In addition, the person’s operating privilege is restricted for an additional six months for each violation.

Because this bill creates a new crime or revises a penalty for an existing crime, the Joint Review Committee on Criminal Penalties may be requested to prepare a report.

For further information see the state and local fiscal estimate, which will be printed as an appendix to this bill.

AB167,,4 The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

AB167,1 Section 1. 110.10 (4m) of the statutes is amended to read:

AB167,,6 110.10 (4m) Requiring ignition interlock device providers operating in this state to accept, as payment in full for equipping a motor vehicle with an ignition interlock device and for maintaining the ignition interlock device, the amount specified by the department under s. 343.301 (3) (b) or ordered by the court under s. 343.301 (3) (b), 2021 stats., if applicable.

AB167,2 Section 2. 165.957 (3) (a) of the statutes is amended to read:

AB167,,8 165.957 (3) (a) A standard for frequent testing for the use of alcohol or a controlled substance that is an alternative to the testing described in sub. (4) (b) 1. This paragraph does not apply to testing required pursuant to an order under s. 343.301 (1g) (am) 2. that a court imposes on a person who meets the criteria under s. 343.301 (1g) (a) 2. b.

AB167,3 Section 3. 165.957 (4) (a) 2. of the statutes is amended to read:

AB167,,10 165.957 (4) (a) 2. The person agrees to totally abstain from using alcohol or a controlled substance while he or she is released on bond, on release under s. 969.01 (1), on probation, participating in a deferred prosecution agreement, or on parole or extended supervision and agrees to participate in the program even though his or her participation is not ordered by a judge or by the department of corrections as a condition of bond, release pursuant to s. 969.01 (1), probation or deferred prosecution, or release to parole or to extended supervision. This subdivision does not apply to any person who meets the criteria under s. 343.301 (1g) (a) 2. b. and who is subject to an order under s. 343.301 (1g) (am) 2.

AB167,4 Section 4. 165.957 (4) (b) 1. of the statutes is amended to read:

AB167,,12 165.957 (4) (b) 1. Except as provided in subd. 2. or 2m., the program requires participants to be tested for the use of alcohol at least twice daily, at approximately 12-hour intervals, or for the use of a controlled substance as frequently as practicable.

AB167,5 Section 5. 165.957 (4) (b) 2. of the statutes is amended to read:

AB167,,14 165.957 (4) (b) 2. If the standard for frequent testing described in subd. 1. creates an unreasonable hardship for the county administering the program, the program may utilize the standard established by the department of justice under sub. (3) (a). This subdivision does not apply to any person who meets the criteria under s. 343.301 (1g) (a) 2. b. and who is subject to an order under s. 343.301 (1g) (am) 2.

AB167,6 Section 6. 165.957 (4) (b) 2m. of the statutes is repealed.

AB167,7 Section 7. 303.08 (10r) of the statutes is amended to read:

AB167,,17 303.08 (10r) The sheriff may not permit a prisoner whose operating privilege for the operation of “Class D” vehicles is restricted to operating vehicles that are equipped with an ignition interlock device under s. 343.301 (1g), 2021 stats., to leave the jail under sub. (1) unless, within 2 weeks after the court issues an order under s. 343.301 (1g) (am) 1., 2021 stats., or the person’s operating privilege is restricted under s. 343.301 (1g) (am) 2., 2021 stats., the person submits proof to the sheriff that an ignition interlock device has been installed in each motor vehicle to which the order applies. If the prisoner’s operating privilege is restricted pursuant to s. 343.301 (1g) and the person intends to operate a motor vehicle, the sheriff may not permit the person to leave the jail under sub. (1) unless the person submits proof to the sheriff that an ignition interlock device has been installed in each motor vehicle the person operates.

AB167,8 Section 8. 340.01 (46m) (c) of the statutes is amended to read:

AB167,,19 340.01 (46m) (c) If the person is subject to an order under s. 343.301, 2021 stats., if the person’s operating privilege is restricted pursuant to s. 343.301 (1g), or if the person has 3 or more prior convictions, suspensions or revocations, as counted under s. 343.307 (1), an alcohol concentration of more than 0.02.

AB167,9 Section 9. 343.01 (2) (bg) of the statutes is created to read:

AB167,,21 343.01 (2) (bg) “Ignition interlock restricted license” means an operator’s license, issued in accordance with s. 343.105, that permits the holder to operate only motor vehicles that are equipped with a functioning ignition interlock device that is approved by the department.

AB167,10 Section 10. 343.03 (3) (br) of the statutes is created to read:

AB167,,23 343.03 (3) (br) Ignition interlock restricted license. A license issued under s. 343.105 authorizing only the operation of motor vehicles that are equipped with a functioning ignition interlock device that is approved by the department shall be labeled “Ignition Interlock Restricted License.” An ignition interlock restricted license may be subject to restrictions in addition to those provided in s. 343.105.

AB167,11 Section 11. 343.10 (1) (a) of the statutes is amended to read:

AB167,,25 343.10 (1) (a) If Except as provided in par. (c), if a person’s license or operating privilege is revoked or suspended under this chapter or s. 767.73, 938.34 (14q), 943.21 (3m), or 961.50 and if the person is engaged in an occupation, including homemaking or full-time or part-time study, or a trade making it essential that he or she operate a motor vehicle, the person, after payment of the fee provided in sub. (6), may file an application with the department setting forth in detail the need for operating a motor vehicle. No person may file more than one application with respect to each revocation or suspension of the person’s license or operating privilege under this chapter or s. 767.73, 938.34 (14q), 943.21 (3m), or 961.50, except that this limitation does not apply to an application to amend an occupational license restriction.

AB167,12 Section 12. 343.10 (1) (c) of the statutes is created to read:

AB167,,27 343.10 (1) (c) 1. Except as provided in subd. 2., a person whose license is suspended or revoked for an offense counted under s. 343.307 (1) is not eligible for an occupational license under this section but may apply for an ignition interlock restricted license under s. 343.105.

AB167,,28 2. A person whose operating privilege is revoked for a first violation of s. 346.63 (1) or a local ordinance in conformity with that section and who had an alcohol concentration below 0.15 at the time of the offense, a person whose operating privilege is suspended under s. 343.305 (7), and a person who receives a notice of intent to revoke under s. 343.305 (9) may be eligible for an occupational license under this section or an ignition interlock restricted license under s. 343.105. No person may apply for or hold a license under this section and a license under s. 343.105 at the same time. Waiting periods for a license under this section are as follows:

AB167,,29 a. A person whose operating privilege is suspended under s. 343.305 (7) may be eligible for an occupational license under this section after 45 days have elapsed from the date of his or her arrest.

AB167,,30 b. A person whose operating privilege is revoked for an improper refusal under s. 343.305 (9) may be eligible for an occupational license under this section after 45 days have elapsed from the date he or she received a notice of intent to revoke, except as provided in subd. 3. or 4.

AB167,,31 3. Except as provided in subd. 4., if the number of convictions, suspensions, and revocations counted under s. 343.307 (2) equals 2, the person may be eligible for an occupational license under this section after 90 days have elapsed from the date he or she received a notice of intent to revoke.

AB167,,32 4. If the number of convictions, suspensions, and revocations counted under s. 343.307 (2) equals 3 or more, the person may be eligible for an occupational license under this section after 120 days have elapsed from the date he or she received a notice of intent to revoke.

AB167,13 Section 13. 343.10 (2) (a) (intro.) of the statutes is amended to read:

AB167,,34 343.10 (2) (a) (intro.) Except as provided in pars. (b) to (f) (dm), and subject to s. 343.165 (5), a person is eligible for an occupational license if the following conditions are satisfied:

AB167,14 Section 14. 343.10 (2) (e) of the statutes is renumbered 343.105 (1) (e) 1. and amended to read:

AB167,,36 343.105 (1) (e) 1. If Except as provided in subd. 2., if the court orders a person to submit to and comply with an assessment and driver safety plan and if the person has 2 or more prior convictions, suspensions or revocations, as counted under s. 343.307 (1), no occupational license under this section may be granted until the person has completed the assessment and is complying with the driver safety plan.

AB167,15 Section 15. 343.10 (2) (f) of the statutes is renumbered 343.105 (1) (f) and amended to read:

AB167,,38 343.105 (1) (f) If the court orders under, pursuant to s. 343.301 (1g) that the, a person’s operating privilege for the operation of “Class D” vehicles be is restricted to operating vehicles that are equipped with an ignition interlock device, no occupational license may be granted under this section until the person pays the surcharge under s. 343.301 (5) and submits proof that an ignition interlock device has been installed in each motor vehicle to which the order under s. 343.301 applies. A person who is subject to an order under s. 343.301 (1g) (am) 2. need not submit proof that an ignition interlock device has been installed if he or she is participating in a program designated in the order, unless he or she is also subject to an order under s. 343.301 (1g) (am) 1.

AB167,16 Section 16. 343.10 (5) (a) 1. of the statutes is renumbered 343.10 (5) (a) and amended to read:

AB167,,40 343.10 (5) (a) In addition to any restrictions appearing on the former operator’s license of the applicant, the occupational license shall contain definite restrictions as to hours of the day, not to exceed 12, hours per week, not to exceed 60, type of occupation and areas or routes of travel which are permitted under the license. The occupational license may permit travel to and from church during specified hours if the travel does not exceed the restrictions as to hours of the day and hours per week in this subdivision. The occupational license may permit travel necessary to comply with a driver safety plan ordered under s. 343.30 (1q) or 343.305 if the travel does not exceed the restrictions as to hours of the day and hours per week in this subdivision paragraph. The occupational license may contain restrictions on the use of alcohol and of controlled substances and controlled substance analogs in violation of s. 961.41.

AB167,17 Section 17. 343.10 (5) (a) 2. and 3. of the statutes are repealed.

AB167,18 Section 18. 343.10 (5) (b) of the statutes is amended to read:

AB167,,43 343.10 (5) (b) Limitations. Occupational licenses are subject to the limitations specified in ss. 343.30 (1q) (b) and (h), 343.305 (8) (d) and (10) (b) and (em), 343.31 (3m), 343.32 (1m), 767.73 and 961.50.

AB167,19 Section 19. 343.10 (7) (cm) of the statutes is repealed.

AB167,20 Section 20. 343.105 of the statutes is created to read:

AB167,,46 343.105 Ignition interlock restricted licenses. (1) Application for ignition interlock restricted license. (a) If a person’s license or operating privilege is administratively suspended under s. 343.305 or is revoked for an offense counted under s. 343.307 (1), the person may file an application with the department for a license under this section at any time.

AB167,,47 (b) The application under par. (a) shall be in a form established by the department and shall include proof that at least one motor vehicle operated by the person has been equipped with an ignition interlock device. The application shall include proof of financial responsibility as specified in s. 343.38 (1) (c) covering the vehicle or vehicles that the applicant requests authorization to operate.

AB167,,48 (c) If the person meets the criteria set forth in par. (b), the person is eligible to receive a license under this section as follows:

AB167,,49 1. Pursuant to subd. 2. and except as provided in subds. 3. to 7., immediately upon suspension or revocation of his or her operating privilege.

AB167,,50 2. Immediately after the person receives notice of suspension of his or her operating privilege under s. 343.305 (7) if he or she does not request an administrative review under s. 343.305 (8).

AB167,,51 3. Fifteen days after a notice to revoke is issued under s. 343.305 (9) if the person does not request a hearing on the revocation.

AB167,,52 4. Thirty days following the final determination that sustains a suspension after an administrative review under s. 343.305 (8).

AB167,,53 5. Thirty days following the final determination that imposes or sustains a revocation under s. 343.305 (10) (b) 2.

AB167,,54 6. Ninety days following the final determination that imposes or sustains a revocation under s. 343.305 (10) (b) 3.

AB167,,55 7. One hundred twenty days following the final determination that imposes or sustains a revocation under s. 343.305 (10) (b) 4.

AB167,,56 (1m) Petition for ignition interlock restricted license. (a) A person whose application for a license under sub. (1) is denied in whole or in part may file a petition with the clerk of the circuit court for the county in which the person resides for an order authorizing the issuance of an ignition interlock restricted license to the person. No person may file a petition under this paragraph unless he or she first pays the fee specified in s. 814.61 (14) to the clerk of the circuit court. The person’s petition shall include a copy of the person’s current operating record under s. 343.23 (2) and the reasons why the person should be granted an ignition interlock restricted license. The court shall consider the number and seriousness of prior traffic convictions in determining whether to grant the petition and shall state, in writing, its reasons for granting or denying the petition. No person may file more than one petition with respect to a denial of an application for a license under sub. (1).

AB167,,57 (b) If the court grants the petition under par. (a), the court shall issue an order authorizing the issuance of an ignition interlock restricted license to the person. The order for issuance of an ignition interlock restricted license shall include definite restrictions as provided in sub. (2). A copy of the order shall be forwarded to the department. Upon receipt of the court order, the petitioner shall be considered an applicant by the department for purposes of this section. The ignition interlock restricted license issued by the department under this paragraph shall contain the restrictions ordered by the court. If the court denies the petition under par. (a), the clerk of the circuit court shall notify the department of the denial of the petition.

AB167,,58 (c) The department shall not issue an ignition interlock restricted license to a person upon receipt of an order from a court under this subsection if the person appears by the records of the department to have filed more than one petition with a court for a license under this subsection.

AB167,,59 (2) Issuance; limitations. If the person is eligible for a restricted license pursuant to sub. (1), the department may issue a license under this section as follows:

AB167,,60 (a) Except as provided under par. (b), the license shall allow a person to operate any motor vehicle that is equipped with a functioning ignition interlock device approved by the department.

AB167,,61 (b) The license may not permit the operation of any motor vehicles for which the applicant did not hold valid authorization at the time of the administrative suspension or revocation of the person’s license or operating privilege. This paragraph does not preclude the department from issuing a license under this section to a person whose operating privilege was revoked or suspended at the time he or she committed the current offense if the person is otherwise eligible for a license under this section.

AB167,,62 (c) The license may contain any restrictions on the person’s license that were in effect at the time the person was arrested for the violation that resulted in the suspension or revocation.

AB167,,63 (3) Fee. No person may file an application for a license under sub. (1) unless he or she first pays to the department the fees specified in s. 343.21 (1) (k) and (n).

AB167,,64 (4) Department to issue ignition interlock restricted license. (a) The department shall issue an ignition interlock restricted license to a person as soon as practicable upon receipt of an application and the proof required under sub. (1) (b) to the department.

AB167,,65 (b) A license issued by the department under this section shall be in the form of a license that includes a photograph described in s. 343.14 (3) unless the exception under s. 343.14 (3m) applies. The license shall clearly indicate that restrictions on a special restrictions card apply and that the special restrictions card is part of the person’s license. The ignition interlock restricted license issued by the department shall contain the limitations required by sub. (2).

AB167,,66 (c) The expiration date of the ignition interlock restricted license is the date of termination of the period of revocation or suspension as provided by law, except that if the person’s license expires pursuant to s. 343.20 (1m) on an earlier date, the ignition interlock restricted license also expires on that date. The expiration date of the ignition interlock restricted license may be extended to the date of termination of the period of any subsequent revocation or suspension arising from the same incident or occurrence. The license may be revoked, suspended, or canceled before its expiration. An ignition interlock restricted license is not renewable when it expires. If an ignition interlock restricted license expires and is not revoked, suspended, or canceled, the licensee may obtain a new license upon that expiration but only if he or she complies with the conditions specified in s. 343.38. Revocation, suspension, or cancellation of an ignition interlock restricted license has the same effect as revocation, suspension, or cancellation of any other license.

AB167,,67 (5) Notice. The department shall inform a person whose operating privilege is revoked or suspended under s. 343.305 of his or her right to either waive an administrative review of the suspension or revocation and apply to the department for issuance of an ignition interlock restricted license under this section or to apply, after any applicable waiting period, for an occupational license under s. 343.10.