Trans 107.08(2)(a)(a) When the person has received inpatient treatment and the hospitalization certificate shows satisfactory release, or there is verification of participation or satisfactory completion in another treatment program approved under s. 51.42 or 51.45, Stats., and there is no evidence from a medical report or assessment of chemical abuse since treatment, and there has been no OWI or OWI arrest within the past 2 years.

Trans 107.08(2)(b)(b) When the assessment report or compliance report from a county department shows the person has agreed to participate in a recommended driver safety plan or satisfactorily completed a treatment program, and the person is no longer abusing chemicals.

Trans 107.08(2)(c)(c) If the reason for the denial, cancellation, suspension or revocation of the person’s operating privilege was not an assessment, and a medical report submitted by the person’s personal physician indicates the person is receiving, or has received, adequate treatment for chemical abuse or dependency, and the person has responded favorably to the treatment and is no longer abusing chemicals.

Trans 107.08(2)(d)(d) When a new driver safety plan is received after the person has an OWI conviction that occurs while the person is suspended or canceled for noncompliance as a result of sub. (1) (b), (c), (d), (e), (f) or (hm).

Trans 107.08(2)(e)(e) When a person, county department, or traffic safety school under s. 345.60, Stats., submits the report or reports showing compliance with an assessment or driver safety plan after the operating privilege has been suspended as a result of sub. (1) (j) for any noncompliance with the assessment or plan.

Trans 107.08(2)(f)(f) When a program in another state submits a report showing the person has been examined for chemical abuse or dependency and has followed a recommended program of education or treatment established to meet the requirements of that other state.

Trans 107.08(3)(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.

Trans 107.08 NoteNote: 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.

Trans 107.08(5)(b)(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.

Trans 107.08 HistoryHistory: 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(1)(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.

Trans 107.09(4)(a)(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.

Trans 107.09(4)(am)(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:

Trans 107.09(4)(am)1.b.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.

Trans 107.09(4)(am)2.2. ‘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.