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. SB150,41110Section 41. 343.305 (8) (d) of the statutes is repealed. SB150,42111Section 42. 343.305 (9) (a) (intro.) of the statutes is amended to read: 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: SB150,43113Section 43. 343.305 (9) (a) 7. and 8. of the statutes are created to read: 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. SB150,44116Section 44. 343.305 (10) (b) 2. of the statutes is amended to read: 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. SB150,45118Section 45. 343.305 (10) (b) 3. of the statutes is amended to read: 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. SB150,46120Section 46. 343.305 (10) (b) 4. of the statutes is amended to read: 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. SB150,47122Section 47. 343.305 (10) (em) of the statutes is amended to read: SB150,,123123343.305 (10) (em) One penalty for improperly refusing to submit to a test for intoxication regarding a person arrested for a violation of s. 346.63 (2m) or (7) or a local ordinance in conformity therewith is revocation of the person’s operating privilege for 6 months. If there was a minor passenger under 16 years of age in the motor vehicle at the time of the incident that gave rise to the improper refusal, the revocation period is 12 months. After The person may apply for an ignition interlock restricted license at any time and may be eligible to receive the ignition interlock restricted license after the first 15 days of the revocation period, the person is eligible for an occupational license under s. 343.10. Any such improper refusal or revocation for the refusal does not count as a prior refusal or a prior revocation under this section or ss. 343.30 (1q), 343.307 and 346.65 (2). The person shall not be required to submit to and comply with any assessment or driver safety plan under pars. (c) and (d). SB150,48124Section 48. 343.305 (10m) of the statutes is amended to read: SB150,,125125343.305 (10m) Refusals; ignition interlock of a motor vehicle. The requirements and procedures for installation of an ignition interlock device operating privilege restrictions under s. 343.301 apply when an operating privilege is revoked under sub. (10). SB150,49126Section 49. 343.31 (1m) (b) of the statutes is amended to read: SB150,,127127343.31 (1m) (b) Upon receiving a record of conviction under s. 940.09 (1) or 940.25 or conviction, suspension, or revocation counted under s. 343.307 (1) that together with other records of the department show that 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 (1), equals 4 or more, the department shall revoke the person’s operating privilege permanently. This paragraph does not apply if the most recent conviction, suspension, or revocation counted under this paragraph occurred more than 15 years after the next preceding conviction, suspension, or revocation counted under this paragraph. The person is not eligible for an occupational license under s. 343.10, and the person is not eligible for an ignition interlock restricted license under s. 343.105. After 10 years of the revocation period have elapsed, the person may apply for reinstatement under s. 343.38. SB150,50128Section 50. 343.31 (1m) (c) of the statutes is amended to read: SB150,,129129343.31 (1m) (c) Upon receiving a record of conviction under s. 940.09 (1) or 940.25 or conviction, suspension, or revocation counted under s. 343.307 (1) that together with other records of the department show that 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 (1) within a 25-year period, equals 2 or more, and that the person has 2 or more qualifying convictions, the department shall revoke the person’s operating privilege permanently. The person is not eligible for an occupational license under s. 343.10, and the person is not eligible for an ignition interlock restricted license under s. 343.105. After 10 years of the revocation period have elapsed, the person may apply for reinstatement under s. 343.38. SB150,51130Section 51. 343.31 (3) (bm) 2. of the statutes is amended to read: SB150,,131131343.31 (3) (bm) 2. Except as provided in subd. 3., 4. or 4m., for the first conviction, the department shall revoke the person’s operating privilege for not less than 6 months nor more than 9 months. If an Indian tribal court in this state revokes the person’s privilege to operate a motor vehicle on tribal lands for not less than 6 months nor more than 9 months for the conviction specified in par. (bm) (intro.), the department shall impose the same period of revocation. The person is eligible for an occupational license under s. 343.10 may apply for an ignition interlock restricted license under s. 343.105 at any time. SB150,52132Section 52. 343.31 (3) (bm) 3. of the statutes is amended to read: SB150,,133133343.31 (3) (bm) 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 suspensions, revocations, and other convictions counted under s. 343.307 (1) within a 10-year period, equals 2, the department shall revoke the person’s operating privilege for not less than one year nor more than 18 months. If an Indian tribal court in this state revokes the person’s privilege to operate a motor vehicle on tribal lands for not less than one year nor more than 18 months for the conviction specified in par. (bm) (intro.), the department shall impose the same period of revocation. After the first 60 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 eligible for an occupational license under s. 343.10. The person may apply for an ignition interlock restricted license under s. 343.105 at any time. SB150,53134Section 53. 343.31 (3) (bm) 4. of the statutes is amended to read: SB150,,135135343.31 (3) (bm) 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 suspensions, revocations and convictions counted under s. 343.307 (1), equals 3 or more, the department shall revoke the person’s operating privilege for not less than 2 years nor more than 3 years. If an Indian tribal court in this state revokes the person’s privilege to operate a motor vehicle on tribal lands for not less than 2 years nor more than 3 years for the conviction specified in par. (bm) (intro.), the department shall impose the same period of revocation. After one year of the revocation period has elapsed, the person is eligible for an occupational license under s. 343.10. The person may apply for an ignition interlock restricted license under s. 343.105 at any time. SB150,54136Section 54. 343.31 (3m) (a) of the statutes is amended to read: