Chapter Trans 107

Trans 107.01 History History: Cr. Register, November, 1982, No. 323, eff. 12-1-82; am. (1), Register, September, 1986, No. 369, eff. 10-1-86; am. (1), Register, May, 1988, No. 389, eff. 6-1-88; am. (1), Register, June, 1993, No. 450, eff. 7-1-93.

Trans 107.02 Trans 107.02 Definitions. The words and phrases defined in ss. 340.01 and 343.01, Stats., have the same meaning in this chapter unless a different definition is specifically provided. In this chapter:

Trans 107.02(1) (1) “Assessment” means a voluntary or ordered examination of the person’s use of chemicals and development of a driver safety plan for the person by an approved public treatment facility as defined in s. 51.45 (2) (c), Stats., or as provided by a program in another state.

Trans 107.02(2) (2) “Assessor” means a person who conducts assessments under s. 51.42 (5) (b), Stats., in a public treatment facility, as defined in s. 51.45 (2) (c), Stats., according to the standards set forth in ch. DHS 62, and instructions of the department of health services.

Trans 107.02(3) (3) “Chemical abuse” means the use of alcohol or other drugs, prescription or nonprescription, which may adversely affect driving ability. It includes both irresponsible use and borderline irresponsible use of alcohol or other drugs.

Trans 107.02(4) (4) “Chemical dependency” means dependence on alcohol, a controlled substance, other drugs, or any combination thereof that has attained such a degree that it interferes with a person’s physical or mental health or social or economic functioning.

Trans 107.02(5) (5) “Controlled substance” has the same meaning as in s. 961.01 (4), Stats.

Trans 107.02(5m) (5m) “County department” means the community services program established under s. 51.42, Stats., or its approved agency, or the county department of human services established under s. 46.23, Stats., that is responsible for each Wisconsin county’s provision of services for chemical abuse or dependency under ss. 51.42 and 51.45, Stats.

Trans 107.02(6) (6) “Driver safety plan” means:

Trans 107.02(6)(a) (a) For Wisconsin residents, an individualized plan of education or treatment, or both, based on an assessment referral which specifies a traffic safety school defined under s. 345.60, Stats., or treatment services, or a combination thereof, for alleviation of identified chemical use, abuse or dependency problems.

Trans 107.02(6)(b) (b) For nonresidents or residents temporarily residing in another state, an individualized plan under par. (a) or a program of education or treatment, or both, which satisfies the requirements of that state.

Trans 107.02(7) (7) “Interview” means a meeting as described in s. Trans 107.06 (2) between a department representative and a licensed driver or applicant for the purpose of evaluating the probability of an alcohol or other drug problem.

Trans 107.02(8) (8) “Licensing action” means any action by the department involving the denial, cancellation, revocation, suspension, disqualification, restriction, or issuance of a license under this chapter.

Trans 107.02(9) (9) “Medical condition” means any condition affecting a person’s health for which a person is receiving medical treatment, or for which medical treatment is usually prescribed.

Trans 107.02(10) (10) “OWI” or “operating while intoxicated” means any offense for which a conviction, revocation or suspension resulting therefrom may be counted under s. 343.307 (1), Stats.

Trans 107.02(11) (11) “Program in another state” means a program or facility in another state which examines persons for chemical abuse or dependency levels and recommends individualized plans or programs of education or treatment, or both, for persons who are nonresidents or residents temporarily residing in another state, which meets the program and facility requirements of that state.

Trans 107.02(12) (12) “Refusal” means refusing to submit to chemical testing upon request of a law enforcement officer, pursuant to s. 343.305 (3) (a), Stats., or a local ordinance or law of a federally recognized American Indian tribe or band in this state in conformity therewith, and no request for a court refusal hearing, or an adverse finding in an implied consent hearing.

Trans 107.02(13) (13) “Released” means that a revocation, suspension, cancellation or disqualification license action has been withdrawn because of an appeal, reopening, vacation of a conviction, or a finding that the license action, as ordered by the department or court, was in error or inappropriate.

Trans 107.02(14) (14) “Review board” or “board” means any board established by the department to provide advisory review of a licensing decision based on the special examination referred to in s. 343.16 (2) (b), Stats.

Trans 107.02(15) (15) “Review unit” means the alcohol and other drug review unit in the department’s division of motor vehicles.

Trans 107.02 History History: Cr. Register, November, 1982, No. 323, eff. 12-1-82; r. (1), renum. (2) to (9) to be (1) to (8), cr. (9),Register, March, 1984, No. 339, eff. 4-1-84; am. (2), (7), (12) and (16), renum. (17) to be (5m) and am., Register, September, 1986, No. 369, eff. 10-1-86; emerg. renum. (1) and (2) and am., cr. (1), am. (7), eff. 4-24-87; am. (1), (7) and (12), cr. (17), Register, May, 1988, No. 389, eff. 6-1-88; am. (7) (b) and (17), Register, January, 1991, No. 421, eff. 2-1-91; am. (intro.), (1), (3), (4) and (5m), r. (6), (12) and (13), renum. (7) to (11) and (14) to (17) to be (6), (12), (7) to (9), (13) to (15) and (11) and am. (6) (a) and (b), (8) and (11) to (13), cr. (10), Register, June, 1993, No. 450, eff. 7-1-93; correction in (2) and (5) made under s. 13.93 (2m) (b) 7., Stats., Register, December, 1996, No. 492; corrections in (2) made under s. 13.92 (4) (b) 6. and 7., Stats., Register March 2012 No. 675.

Trans 107.03 Trans 107.03 Information sources. The department shall identify persons who have chemical abuse or dependency problems through:

Trans 107.03(1) (1) Any and all operator’s license applications,

Trans 107.03(2) (2) Medical information which the department has requested under the provisions of s. 343.06 (1) (d) or 343.16 (5), Stats.,

Trans 107.03(3) (3) Reports or information on driver condition or behavior,

Trans 107.03(4) (4) Accident reports with chemical involvement,

Trans 107.03(5) (5) Court ordered assessment reports in accordance with s. 343.30 (1q) or 343.305, Stats.,

Trans 107.03(6) (6) Assessment reports submitted in response to a department order issued pursuant to s. 343.16 (5), Stats.,

Trans 107.03(7) (7) Voluntary assessment reports submitted pursuant to s. 343.30 (1q) (c) 1m., Stats.,

Trans 107.03(8) (8) County department assessment and driver safety plan final reports,

Trans 107.03(9) (9) Assessments, driver safety plans, or reports from a program in another state, or

Trans 107.03(10) (10) Driving records with chemically involved entries.

Trans 107.03 History History: Cr. Register, November, 1982, No. 323, eff. 12-1-82; renum. (1) to be (intro.), (1) (a) to (i) to be (1) to (9) and am. (4), Register, March, 1984, No. 339, eff. 4-1-84; am. (7), Register, September, 1986, No. 369, eff. 10-1-86; emerg. cr. (10), eff. 4-24-87; am. (6), cr. (10), Register, May, 1988, No. 389, eff. 6-1-88; correction in (2) made under s. 13.93 (2m) (b) 7. Stats., Register, May, 1988, No. 389; am. (2) and (10), renum. (7) and (8) to be (9) and (11) and am. (11), cr. (7) and (8), r. (9), Register, June 1993, No. 450, eff. 7-1-93; r. (4), renum. (5) to (11) to be (4) to (10), Register, September, 1996, No. 489, eff. 10-1-96.

Trans 107.04 Trans 107.04 Information to be considered in licensing actions.

Trans 107.04(1) (1) The following information shall be considered in taking administrative licensing action under s. 343.06 (1) (d), 343.16 (5) or (6), or 343.25 (7), Stats.:

Trans 107.04(1)(a) (a) Medical reports, assessment reports, driver safety plans, driver safety plan final reports, or a combination thereof, with information on:

Trans 107.04(1)(a)1. 1. Hospitalization for chemical abuse or dependency.

Trans 107.04(1)(a)2. 2. Outpatient or other treatment for chemical abuse or dependency.

Trans 107.04(1)(a)3. 3. Participation in self-help groups for chemical abuse or dependency.

Trans 107.04(1)(a)4. 4. Use of control agents, such as antabuse or methadone.

Trans 107.04(1)(a)5. 5. Physician treatment for chemical abuse or dependency.

Trans 107.04(1)(b) (b) Driving records, including reports of:

Trans 107.04(1)(b)1. 1. Accidents involving chemical use.

Trans 107.04(1)(b)2. 2. Traffic convictions involving chemical use.

Trans 107.04(1)(b)3. 3. Arrests for chemically related violations, for example, pending charges for OWI. Once the charge has been disposed of by a court, for example, convicted, dismissed, amended or withdrawn, the arrest information will no longer be considered in taking licensing action under s. Trans 107.08 (1) (b), (c), (d), (e), (f) and (hm).

Trans 107.04(1)(b)4. 4. Chemically related charges dismissed, vacated, appealed, reduced or amended to lesser charges when the department has information, such as a medical or assessment report, on file.

Trans 107.04(1)(c) (c) Review board recommendations, if any.

Trans 107.04(1)(d) (d) Information from other sources about a person’s physical and mental health, as affected by chemical use, and other medical problems which might interfere with reasonable and ordinary control over a motor vehicle.

Trans 107.04(2) (2) Some or all of the information described in sub. (1) shall be included in medical, assessment, driver safety plan, final report, or combination of, reports required under this chapter.

Trans 107.04(3) (3) Persons may be required to furnish additional medical or assessment reports, or combination of, if the department determines that the information available is not adequate to make a licensing decision.

Trans 107.04(4) (4) Persons may be referred for assessment as described in s. Trans 107.06.

Trans 107.04 History History: Cr. Register, November, 1982, No. 323, eff. 12-1-82; am. (1) (b) (intro.) and (3), Register, March, 1984, No. 339, eff. 4-1-84; am. (1) (a) (intro.), (b) (intro.), (c) (intro.) and 4., Register, September, 1986, No. 369, eff. 10-1-86; am. (1) (intro.), (a) (intro.), 2. and (c) (3)., Register, June, 1993, No. 450, eff. 7-1-93; r. (1) (b), renum. (1) (c) to (e) to be (1) (b) to (d), Register, September, 1996, No. 489, eff. 10-1-96.

Trans 107.05 Trans 107.05 Medical reports.

Trans 107.05(1) (1) All physician medical reports under s. 343.16 (5), Stats., shall be based on an examination by a physician within the previous 3 months.

Trans 107.05 Note Note: Form MV3644 may be obtained upon request from the Division of Motor Vehicles, Bureau of Driver Services, P. O. Box 7918, Madison, Wisconsin 53707-7918, telephone [phone].

Trans 107.05(2) (2) Medical reports under s. 343.16 (5), Stats., shall be submitted within 30 days from license application, or department request, unless an extension has been granted by the department.

Trans 107.05(3) (3) Failure to submit the medical examination report as required under s. 343.16 (5), Stats., and this chapter shall result in cancellation or denial of all operating privileges, in accordance with ss. 343.25 (7) and 343.06 (1) (d), Stats.

Trans 107.05 History History: Cr. Register, November, 1982, No. 323, eff. 12-1-82; r. (1), renum. (2) to (4) to be (1) to (3), Register, January, 1991, No. 421, eff. 2-1-91; am. Register, June, 1993, No. 450, eff. 7-1-93.

Trans 107.06 Trans 107.06 Assessment referral. A person shall be referred for assessment when:

Trans 107.06(1) (1) The person is identified by a source described in s. Trans 107.03 as possibly having a chemical abuse or dependency problem, unless the person is in treatment, does not require treatment, or has completed treatment since the identification.

Trans 107.06(2) (2) The department has information that a person has had 2 OWI arrests within 12 months.

Trans 107.06(3) (3) A person has one OWI arrest within the past 12 months and the department has an assessment report, driver safety plan final report, medical report, or combination of reports that are chemically related on file within the past 2 years.

Trans 107.06(4) (4) A person has been identified from one or more sources described in s. Trans 107.03 as possibly having a chemical abuse or dependency problem and the department has an assessment, final report, medical, or combination of, reports that are chemically related on file within the past 2 years.

Trans 107.06(5) (5) A person has one OWI arrest within the past 12 months, and the person has had 2 OWIs within the past 2 years.

Trans 107.06(6) (6) The department receives a medical report indicating a possible chemical use problem and the person is not currently being treated for the chemical use problem.

Trans 107.06(7) (7) The department receives notice of an OWI in another jurisdiction for an offense which if committed in this state would have been cause for revocation or suspension under s. 343.30 (1q), Stats., and the person has not completed or is not currently participating in a driver safety plan or any similar plan in another jurisdiction.

Trans 107.06(8) (8) In any case when an assessment is waived or is not ordered by a court but is required by law.

Trans 107.06 History History: Cr. Register, November, 1982, No. 323, eff. 12-1-82; am. (3) (intro.) and (a), cr. (3) (f), Register, March, 1984, No. 339, eff. 4-1-84; emerg., am. (3) (f), eff. 1-31-86; am. (1) (intro.), (2) (intro.) and (c), (3) (b) and (3) (d) to (f), r. (1) (a) to (c), Register, September, 1986, No. 369, eff. 10-1-86; am. (3) (b), (d) and (f), cr. (3) (g), Register, June, 1993, No. 450, eff. 7-1-93; r. (1), (2), renum. (3) (intro.) to be (intro.) and am., cr. (1), renum. (3) (a) to (g) to be (2) to (8), Register, September, 1996, No. 489, eff. 10-1-96.

Trans 107.07 Trans 107.07 Reporting procedures.

Trans 107.07(1) (1) Assessments and assessment reporting procedures shall be those established by ch. DHS 62. Standard department forms shall be used for all reports.

Trans 107.07(2) (2) Traffic safety school final report information forms shall be provided to the county department when documentation by the traffic safety school indicates a need for additional assessment which may require additional treatment not recommended at the time of the original assessment.

Trans 107.07(3) (3) Amended driver safety plans shall be accepted by the department when submitted by the county department documenting the reason for changes in assessment findings or recommendations. Pursuant to ss. 343.30 (1q) (d) and 343.305 (10) (d), Stats., a driver safety plan shall include a termination date consistent with the plan which shall not extend beyond one year of the date of assessment or reassessment.

Trans 107.07(4) (4) If the department does not receive a report of compliance with the order to obtain an assessment within 60 days from the date of an OWI or if the department receives information that the court has not ordered an assessment, the department shall order an assessment under s. 343.30 (1q) (f), or 343.305 (10) (f), Stats., and the person shall have 45 days to provide notification of compliance with assessment order or the person’s operating privilege shall be canceled, denied or suspended as provided in s. Trans 107.08 (1).

Trans 107.07(5) (5) When a department ordered assessment under s. Trans 107.06 has not been completed by the date of the OWI conviction, and the court subsequently orders an assessment, the person shall not be required to comply with the department ordered assessment. All previous driver safety plans shall be waived when a new department or court ordered assessment has been completed and a driver safety plan developed.

Trans 107.07(6) (6) If convicted of an amended charge, or the charge is dismissed, appealed or vacated prior to completion of a voluntary, department or court ordered assessment, compliance with the assessment order shall not be required. If the person has already completed an assessment, the person shall be required to comply with the driver safety plan if the assessment findings meet the criteria for operating privilege denial or cancellation under s. Trans 107.08 (1) (g).

Trans 107.07(7) (7) A report of noncompliance with a driver safety plan shall include the reason for noncompliance.

Trans 107.07 History History: Cr. Register, November, 1982, No. 323, eff. 12-1-82; am. (1) to (3), (5) and (6), r. (7), renum. (8) to be (7), Register, September, 1986, No. 369, eff. 10-1-86; am. (3) and (4), Register, May, 1988, No. 389, eff. 6-1-88; am. (3), (4) and (6), Register, June, 1993, No. 450, eff. 7-1-93; am. (1), Register, September, 1996, No. 489, eff 10-1-96; correction in (1) made under s. 13.93 (2m) (b) 7., Stats., Register, April, 2000, No. 532; correction in (1) made under s. 13.92 (4) (b) 7., Stats., Register March 2012 No. 675.

Trans 107.08 Trans 107.08 Licensing action.

Trans 107.08(1) (1) Denial, cancellation or suspension.

Trans 107.08(1)(a) (a) When a hospitalization certificate shows inpatient treatment for chemical abuse or dependency and the person has not been absolutely or conditionally released from the institution, the operating privilege shall be denied or canceled until the conditions in sub. (2) (a) have been met.

Trans 107.08(1)(b) (b) When a person has one OWI arrest in 12 months and there is an assessment report, final report, medical report, or combination of reports on file with the department within the previous 2 years identifying chemical abuse or dependency and recommending no further involvement with chemicals, the person shall be immediately referred for assessment and the person’s operating privilege shall be denied or canceled until the conditions in sub. (2) (b) have been met.

Trans 107.08(1)(c) (c) When a person has had 3 OWI arrests in 12 months, the person shall be immediately referred for assessment and the operating privilege shall be denied or canceled until the conditions in sub. (2) (b) have been met.

Trans 107.08(1)(d) (d) When a person has 2 OWI arrests in 12 months, and has had 2 OWI convictions or implied consent revocations within the past 2 years, the person shall be immediately referred for an assessment and the operating privilege shall be denied or canceled until the conditions in sub. (2) (b) have been met.

Trans 107.08(1)(e) (e) When a person has 2 OWI arrests in 12 months with an alcohol concentration of .20 or above in at least one of the arrests, and the person has had an OWI conviction or implied consent revocation within the past 2 years, the person shall be immediately referred for assessment and the person’s operating privilege shall be denied or canceled until the conditions in sub. (2) (b) have been met.

Trans 107.08(1)(f) (f) When a person has 2 OWI arrests in 12 months with an alcohol concentration of .20 or above in at least one of the arrests, and there is an assessment report, driver safety plan final report, medical report, or combination of reports on file with the department within the past 2 years identifying possible chemical abuse or dependency, the person shall be referred for immediate assessment and the operating privilege shall be denied or canceled until the conditions in sub. (2) (b) or (c) have been met.

Trans 107.08(1)(g) (g) When the findings of an assessment, information from a medical report, other information in the file, or a combination thereof, indicate that the person’s chemical dependency may affect the person’s driving ability, the person’s operating privilege shall be denied or canceled under s. 343.06 (1) (d), Stats., until the conditions in sub. (2) (b) or (c) have been met. For purposes of this paragraph, the types of information considered are those described in s. Trans 107.04.

Trans 107.08 Note Note: See s. Trans 107.08 (1) (L) regarding cancellation for noncompliance with a driver safety plan.

Trans 107.08(1)(h) (h) When a person fails to obtain an assessment as directed by the department, comply with the recommended driver safety plan or submit the required medical report, the person’s operating privilege shall be denied, canceled or suspended under s. 343.06 (1) (d) or 343.16 (5), Stats., until the department is notified of compliance.

Trans 107.08(1)(hm) (hm) When a person has an OWI arrest after an assessment and prior to completion of a driver plan, the person shall be considered in noncompliance by the department and the person’s operating privilege shall be denied, cancelled or suspended.