SB150,,9494343.301 (2m) Beginning on the date a person’s operating privilege is revoked pursuant to s. 343.30, 343.305 (10), or 343.31, for a violation counted under s. 343.307 (1), the person’s operating privilege is restricted pursuant to sub. (1g). The person’s operating privilege is restricted for a period of not less than one year nor more than the maximum operating privilege revocation period permitted for the refusal or violation, except that if the maximum operating privilege revocation period is less than one year, the person’s operating privilege is restricted pursuant to sub. (1g) for one year. The department may not issue any license to the person under this chapter that does not have the restriction specified in sub. (1g) until the person’s operating privilege is restricted pursuant to this subsection for the entire period of the restriction under sub. (1g), including any extension under s. 347.50 (1t). If the person’s operating privilege is restricted pursuant to a conviction and the person has not installed an ignition interlock device prior to his or her conviction, the court may order the installation of an ignition interlock device immediately upon conviction.

SB150,,9696343.301 (3) (a) Except as provided in par. (b), if the court enters an order under sub. (1g), the person shall be whose operating privilege is restricted pursuant to sub. (1g) is liable for the reasonable cost of equipping and maintaining any ignition interlock device installed on his or her motor vehicle.

SB150,,9797(b) If the court finds that the person who is subject to an order under whose operating privilege is restricted pursuant to sub. (1g) submits proof to the court that he or she has a household income that is at or below 150 percent of the nonfarm federal poverty line for the continental United States, as defined in 42 USC 9902 (2), the court shall limit the give the person a notice to provide to the person’s ignition interlock device provider indicating that the person’s liability under par. (a) is limited to one-half of the provider’s customary cost of equipping each one motor vehicle with an ignition interlock device and one-half of the provider’s customary cost per day per vehicle of maintaining the ignition interlock device.

SB150,,9999343.301 (4) A No person to whom an order whose operating privilege is restricted under sub. (1g) applies violates that order if he or she fails to have an ignition interlock device installed as ordered, removes or disconnects or who is issued prior to conviction an ignition interlock restricted license may operate a motor vehicle that is not equipped with an ignition interlock device, remove or disconnect an ignition interlock device, requests or permits from a motor vehicle he or she is operating or intends to operate, request or permit another to blow into an ignition interlock device, or to start a motor vehicle equipped with an ignition interlock device for the purpose of providing the person an operable motor vehicle without the necessity of first submitting a sample of his or her breath to analysis by the ignition interlock device, or otherwise tampers with or circumvents tamper or circumvent the operation of the ignition interlock device.

SB150,,101101343.301 (5) If the court enters an order A person whose operating privilege is restricted under sub. (1g), the court shall impose and the person shall pay to the clerk of court, at the time his or her operating privilege is revoked for an offense counted under s. 343.307 (1), an ignition interlock surcharge of $50 to the clerk of court. The clerk of court shall transmit the amount to the county treasurer.

SB150,,103103343.305 (8) (a) The law enforcement officer shall notify the person of the administrative suspension under sub. (7) (a). The notice shall advise the person that his or her operating privilege will be administratively suspended and that he or she has the right to obtain administrative and judicial review under this subsection, but that if he or she does not request an administrative or judicial review, he or she may be eligible to receive an ignition interlock restricted license under s. 343.105 immediately. This notice of administrative suspension serves as a 30-day temporary license. An administrative suspension under sub. (7) (a) becomes effective at the time the 30-day temporary license expires. The officer shall submit or mail a copy of the notice to the department.

SB150,,105105343.305 (8) (am) (intro.) The department shall prepare and approve information forms and applications for distribution under this paragraph. Upon issuing a notice of suspension to a person under par. (a), a law enforcement officer shall provide the person with a separate the following forms in addition to the notice of administrative suspension:

SB150,,1061061. A form for the person to use to request the administrative review under this subsection. The form shall clearly indicate how to request an administrative review and shall clearly notify the person that this form must be submitted within 10 days from the notice date indicated on the form or the person’s hearing rights will be deemed waived. The form shall, in no less than 16-point boldface type, be titled: IMPORTANT NOTICE — RESPOND WITHIN TEN (10) DAYS. The form shall clearly indicate that if the person requests a review and the suspension is sustained, he or she is not eligible to receive an occupational license under s. 343.10 until 45 days, or an ignition interlock restricted license under s. 343.105 until 15 days, after the final determination sustaining the suspension occurs.

SB150,,108108343.305 (8) (am) 2. A form that explains the procedure for applying for an occupational license under s. 343.10 or an ignition interlock restricted license under s. 343.105. The form shall clearly indicate that the person may apply for an ignition interlock restricted license at any time and that the person may be eligible to receive the ignition interlock restricted license immediately after he or she receives notice that his or her operating privilege has been suspended under sub. (7) if he or she does not request an administrative review of the suspension. The form shall provide information on how and where to have an ignition interlock device that is approved by the department installed. The form shall clearly indicate that the person may be eligible for an occupational license under s. 343.10 45 days after his or her arrest.

SB150,,1091093. An application form for an ignition interlock restricted license.

SB150,,112112343.305 (9) (a) (intro.) If a person refuses to take a test under sub. (3) (a), the law enforcement officer shall immediately prepare a notice of intent to revoke, by court order under sub. (10), the person’s operating privilege. If the person was driving or operating a commercial motor vehicle, the officer shall issue an out-of-service order to the person for the 24 hours after the refusal and notify the department in the manner prescribed by the department. The officer shall issue a copy of the notice of intent to revoke the privilege and an application form for an ignition interlock restricted license to the person and submit or mail a copy to the circuit court for the county in which the arrest under sub. (3) (a) was made or to the municipal court in the municipality in which the arrest was made if the arrest was for a violation of a municipal ordinance under sub. (3) (a) and the municipality has a municipal court. The officer shall also mail a copy of the notice of intent to revoke to the attorney for that municipality or to the district attorney for that county, as appropriate, and to the department. Neither party is entitled to pretrial discovery in any refusal hearing, except that, if the defendant moves within 30 days after the initial appearance in person or by an attorney and shows cause therefor, the court may order that the defendant be allowed to inspect documents, including lists of names and addresses of witnesses, if available, and to test under s. 804.09, under such conditions as the court prescribes, any devices used by the plaintiff to determine whether a violation has been committed. The notice of intent to revoke the person’s operating privilege shall contain substantially all of the following information:

SB150,,114114343.305 (9) (a) 7. That if the person does not request a hearing on the revocation, the person may apply for an ignition interlock restricted license under s. 343.105 at any time and may be eligible to receive the ignition interlock restricted license 30 days after he or she receives the notice of revocation, or an occupational license under s. 343.10 after a waiting period from 45 to 120 days. The form shall clearly state that if the person does request a hearing on the revocation, the person is not eligible to receive an ignition interlock restricted license until 30 to 120 days after a final determination under sub. (10) that the revocation is sustained.

SB150,,1151158. An explanation of the procedure for applying for an ignition interlock restricted license under s. 343.105.

SB150,,117117343.305 (10) (b) 2. Except as provided in subd. 3., 4. or 4m., for the first improper refusal, the court shall revoke the person’s operating privilege for one year. After the first 30 days of the revocation period, the person is may be eligible for an occupational license under s. 343.10 ignition interlock restricted license under s. 343.105.

SB150,,119119343.305 (10) (b) 3. Except as provided in subd. 4m., if the number of convictions under ss. 940.09 (1) and 940.25 in the person’s lifetime, plus the total number of other convictions, suspensions, and revocations counted under s. 343.307 (2) within a 10-year period, equals 2, the court shall revoke the person’s operating privilege for 2 years. After the first 90 days of the revocation period or, if the total number of convictions, suspensions, and revocations counted under this subdivision within any 5-year period equals 2 or more, after one year of the revocation period has elapsed, the person is may be eligible for an occupational license under s. 343.10 ignition interlock restricted license under s. 343.105 if he or she has completed the assessment and is complying with the driver safety plan.

SB150,,121121343.305 (10) (b) 4. Except as provided in subd. 4m., if the number of convictions under ss. 940.09 (1) and 940.25 in the person’s lifetime, plus the total number of other convictions, suspensions, and revocations counted under s. 343.307 (2), equals 3 or more, the court shall revoke the person’s operating privilege for 3 years. After the first 120 days of the revocation period or, if the total number of convictions, suspensions, and revocations counted under this subdivision within any 5-year period equals 2 or more, after one year of the revocation period has elapsed, the person is may be eligible for an occupational license under s. 343.10 ignition interlock restricted license under s. 343.105 if he or she has completed the assessment and is complying with the driver safety plan.