2025 - 2026 LEGISLATURE
LRB-1013/1
ZDW:cdc
May 9, 2025 - Introduced by Senators Wanggaard, Pfaff, Hutton, Larson, Feyen and Tomczyk, cosponsored by Representatives Spiros, Kaufert, Andraca, Brooks, Dittrich, Goeben, Maxey, Murphy, Mursau, O'Connor, Penterman, Piwowarczyk, Snyder, Subeck, Knodl and Udell. Referred to Committee on Judiciary and Public Safety.
SB248,1,3
1An Act to amend 343.30 (1q) (b) 3., 343.30 (1q) (b) 4. and 343.305 (10) (b) 2.; to 2create 343.301 (6) of the statutes; relating to: license eligibility and
3restriction extensions relating to ignition interlock devices. Analysis by the Legislative Reference Bureau
Under current law, if a person is convicted of a second or subsequent offense related to operating a motor vehicle while under the influence of an intoxicant or other drug, with a prohibited alcohol concentration, or with a measurable amount of a controlled substance in their blood (OWI offense), a court must order the person’s operating privilege restricted to operating vehicles that are equipped with an ignition interlock device (IID). The restriction begins on the date of the IID order and lasts for at least one year, but no longer than the maximum operating privilege revocation period authorized for the refusal or violation.
Under the bill, the restriction of a person’s operating privilege under an IID order must be extended by 180 days for each occurrence of any of the following events detected by an IID: 1) three or more violations within a 60-day period, 2) tampering with or attempting to circumvent the IID, or 3) removing the IID authorization.
Under current law, a person whose operating privilege is administratively revoked for a first offense of refusing a test may apply for an occupational license after 30 days. The bill eliminates the 30-day waiting period and provides that a person may apply for an occupational license upon installation of an IID on any motor vehicle that the person operates.
Under current law, 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 with prior OWI offenses may apply after 45 days. The bill eliminates the 45-day waiting period and provides that a person may apply for an occupational license upon installation of an IID on each motor vehicle that the person operates.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
SB248,1
1Section 1. 343.30 (1q) (b) 3. of the statutes is amended to read: SB248,2,102343.30 (1q) (b) 3. Except as provided in sub. (1r) or subd. 4m., if the number of 3convictions under ss. 940.09 (1) and 940.25 in the person’s lifetime, plus the total 4number of other convictions, suspensions, and revocations counted under s. 343.307 5(1) within a 10-year period, equals 2, the court shall revoke the person’s operating 6privilege for not less than one year nor more than 18 months. After the first 45 days 7of the revocation period has elapsed, the The person is eligible for an occupational 8license under s. 343.10 if he or she has completed the assessment and, is complying 9with the driver safety plan ordered under par. (c), and has installed an ignition 10interlock device on each motor vehicle that the person operates. SB248,211Section 2. 343.30 (1q) (b) 4. of the statutes is amended to read: SB248,3,412343.30 (1q) (b) 4. Except as provided in sub. (1r) or subd. 4m., if the number of 13convictions under ss. 940.09 (1) and 940.25 in the person’s lifetime, plus the total 14number of other convictions, suspensions, and revocations counted under s. 343.307 15(1), equals 3 or more, the court shall revoke the person’s operating privilege for not 16less than 2 years nor more than 3 years. After the first 45 days of the revocation
1period has elapsed, the The person is eligible for an occupational license under s. 2343.10 if he or she has completed the assessment and, is complying with the driver 3safety plan ordered under par. (c), and has installed an ignition interlock device on 4any motor vehicle that the person operates. SB248,35Section 3. 343.301 (6) of the statutes is created to read: SB248,3,106343.301 (6) (a) In this section, “violation” means a breath sample that is 7above the alcohol setpoint of 0.02 grams of alcohol per 210 liters of breath or failure 8to provide a passing breath sample within the 5-minute retest window. “Violation” 9does not include a detectable breath sample that passes a test immediately 10following a failed test or in response to a bypass or circumvention attempt. SB248,3,1411(b) Notwithstanding sub. (2m) (a) and (b), and subject to par. (c), the 12restriction of a person’s operating privilege under an order under sub. (1g) (am) 1. 13shall be extended by 180 days for each occurrence of any of the following events 14detected by an ignition interlock device: SB248,3,15151. Three or more violations within a 60-day period. SB248,3,16162. Tampering with or attempting to circumvent the ignition interlock device. SB248,3,17173. Removing the ignition interlock device without authorization. SB248,3,2018(c) The department may determine that a person did not commit a violation 19upon receipt of verified documentation or other information satisfactory to the 20department that is any of the following: SB248,3,23211. Documentation or information, provided by the person within 15 days of the 22notice of the violation, explaining why the person contends the violation was not 23committed. SB248,4,2242. Documentation or information, provided by the person’s ignition interlock
1device provider, indicating that a reported violation resulted from a malfunction of 2the ignition interlock device for which the person was not responsible. SB248,4,63(d) The department shall develop an electronic process by which an approved 4ignition interlock device provider may identify the start date of the restriction of a 5person’s operating privilege under sub. (2m) and to provide to the department real-6time notice of usage and violations and a final compliance report. SB248,47Section 4. 343.305 (10) (b) 2. of the statutes is amended to read: SB248,4,128343.305 (10) (b) 2. Except as provided in subd. 3., 4., or 4m., for the first 9improper refusal, the court shall revoke the person’s operating privilege for one 10year. After the first 30 days of the revocation period Upon installation of an ignition 11interlock device on any motor vehicle that the person operates, the person is eligible 12for an occupational license under s. 343.10.
