SB377,143 23Section 143 . 343.315 (2) (a) 2. of the statutes is amended to read:
SB377,86,524 343.315 (2) (a) 2. Section 346.63 (1) (b) or (5) (a) or a local ordinance in
25conformity therewith or a law of a federally recognized American Indian tribe or

1band in this state in conformity with s. 346.63 (1) (b) or (5) (a) or the law of another
2jurisdiction prohibiting driving or operating a commercial motor vehicle while the
3person's alcohol concentration is 0.04 or more or with an excess or specified range of
4alcohol or tetrahydrocannabinols concentration, as those or substantially similar
5terms are used in that jurisdiction's laws.
SB377,144 6Section 144 . 343.315 (2) (a) 5. of the statutes is amended to read:
SB377,86,147 343.315 (2) (a) 5. Section 343.305 (7) or (9) or a local ordinance in conformity
8therewith or a law of a federally recognized American Indian tribe or band in this
9state in conformity with s. 343.305 (7) or (9) or the law of another jurisdiction
10prohibiting refusal of a person driving or operating a motor vehicle to submit to
11chemical testing to determine the person's alcohol or tetrahydrocannabinols
12concentration or intoxication or the amount of a restricted controlled substance in
13the person's blood, or prohibiting positive results from such chemical testing, as
14those or substantially similar terms are used in that jurisdiction's laws.
SB377,145 15Section 145 . 343.315 (2) (a) 6. of the statutes is amended to read:
SB377,87,216 343.315 (2) (a) 6. Section 346.63 (2) or (6), 940.09 (1) or 940.25 or a law of a
17federally recognized American Indian tribe or band in this state in conformity with
18s. 346.63 (2) or (6), 940.09 (1) or 940.25, or the law of another jurisdiction prohibiting
19causing or inflicting injury, great bodily harm or death through use of a motor vehicle
20while intoxicated or under the influence of alcohol, tetrahydrocannabinols, a
21controlled substance, a controlled substance analog or a combination thereof, or with
22an alcohol concentration of 0.04 or more or with an excess or specified range of alcohol
23or tetrahydrocannabinols concentration, while under the influence of any drug to a
24degree that renders the person incapable of safely driving, or while having a

1detectable amount of a restricted controlled substance in the person's blood, as those
2or substantially similar terms are used in that jurisdiction's laws.
SB377,146 3Section 146 . 343.315 (2) (bm) 2. of the statutes is amended to read:
SB377,87,64 343.315 (2) (bm) 2. The offense relates to a vehicle operator's alcohol or
5tetrahydrocannabinols
concentration or intoxication or the amount of a restricted
6controlled substance in the operator's blood.
SB377,147 7Section 147 . 343.32 (2) (bj) of the statutes is amended to read:
SB377,87,128 343.32 (2) (bj) The scale adopted by the secretary shall assess, for each
9conviction, 6 demerit points for a violation of s. 346.63 (6), 4 demerit points for a
10violation of s. 346.63 (2m) or (2p), and 3 demerit points for a violation of s. 346.63 (7)
11(a) 3. The scale adopted by the secretary shall not assess any demerit points for
12conviction of a violation of s. 346.63 (5) or (7) (a) 1. or 2.
SB377,148 13Section 148 . 343.38 (1) (d) 2. of the statutes is amended to read:
SB377,87,1814 343.38 (1) (d) 2. Not more than 45 days before applying for reinstatement, the
15person submits to and complies with an assessment by an approved public treatment
16facility, as defined in s. 51.45 (2) (c), for examination of the person's use of alcohol,
17tetrahydrocannabinols, controlled substances, or controlled substance analogs and
18development of a driver safety plan for the person.
SB377,149 19Section 149 . 343.44 (1) (a) of the statutes is amended to read:
SB377,88,420 343.44 (1) (a) Operating while suspended. No person whose operating privilege
21has been duly suspended under the laws of this state may operate a motor vehicle
22upon any highway in this state during the period of suspension or in violation of any
23restriction on an occupational license issued to the person during the period of
24suspension. A person's knowledge that his or her operating privilege is suspended
25is not an element of the offense under this paragraph. In this paragraph, “ restriction

1on an occupational license" means restrictions imposed under s. 343.10 (5) (a) as to
2hours of the day, area, routes or purpose of travel, vehicles allowed to be operated,
3use of an ignition interlock device, sobriety or use of alcohol, tetrahydrocannabinols,
4controlled substances or controlled substance analogs.
SB377,150 5Section 150 . 343.44 (1) (b) of the statutes is amended to read:
SB377,88,156 343.44 (1) (b) Operating while revoked. No person whose operating privilege
7has been duly revoked under the laws of this state may operate a motor vehicle upon
8any highway in this state during the period of revocation or in violation of any
9restriction on an occupational license issued to the person during the period of
10revocation. A person's knowledge that his or her operating privilege is revoked is not
11an element of the offense under this paragraph. In this paragraph, “restriction on
12an occupational license" means restrictions imposed under s. 343.10 (5) (a) as to
13hours of the day, area, routes or purpose of travel, vehicles allowed to be operated,
14use of an ignition interlock device, sobriety or use of alcohol, tetrahydrocannabinols,
15controlled substances or controlled substance analogs.
SB377,151 16Section 151 . 344.576 (2) (b) of the statutes is amended to read:
SB377,88,2017 344.576 (2) (b) The damage occurs while the renter or authorized driver
18operates the private passenger vehicle in this state while under the influence of an
19intoxicant or other drug, as described under s. 346.63 (1) (a), (am), or (b) or, (2m), or
20(2p)
.
SB377,152 21Section 152 . 346.63 (1) (b) of the statutes is amended to read:
SB377,88,2322 346.63 (1) (b) The person has a prohibited alcohol or tetrahydrocannabinols
23concentration.
SB377,153 24Section 153 . 346.63 (1) (d) of the statutes is renumbered 346.63 (1) (d) 1. and
25amended to read:
SB377,89,7
1346.63 (1) (d) 1. In an action under par. (am) that is based on the defendant
2allegedly having a detectable amount of methamphetamine, or
3gamma-hydroxybutyric acid, or delta-9-tetrahydrocannabinol in his or her blood,
4the defendant has a defense if he or she proves by a preponderance of the evidence
5that at the time of the incident or occurrence he or she had a valid prescription for
6methamphetamine or one of its metabolic precursors, or gamma-hydroxybutyric
7acid, or delta-9-tetrahydrocannabinol.
SB377,154 8Section 154 . 346.63 (1) (d) 2. of the statutes is created to read:
SB377,89,139 346.63 (1) (d) 2. In an action under par. (b) that is based on the defendant
10allegedly having a prohibited tetrahydrocannabinols concentration, the defendant
11has a defense if he or she proves by a preponderance of the evidence that at the time
12of the incident or occurrence he or she had a valid prescription for
13tetrahydrocannabinol or he or she was a qualifying patient, as defined in s. 50.80 (6).
SB377,155 14Section 155 . 346.63 (2) (a) 2. of the statutes is amended to read:
SB377,89,1615 346.63 (2) (a) 2. The person has a prohibited alcohol or tetrahydrocannabinols
16concentration.
SB377,156 17Section 156 . 346.63 (2) (b) 1. of the statutes is amended to read:
SB377,90,218 346.63 (2) (b) 1. In an action under this subsection, the defendant has a defense
19if he or she proves by a preponderance of the evidence that the injury would have
20occurred even if he or she had been exercising due care and he or she had not been
21under the influence of an intoxicant, tetrahydrocannabinols, a controlled substance,
22a controlled substance analog or a combination thereof, under the influence of any
23other drug to a degree which renders him or her incapable of safely driving, or under
24the combined influence of an intoxicant and any other drug to a degree which renders
25him or her incapable of safely driving, did not have a prohibited alcohol or

1tetrahydrocannabinols
concentration described under par. (a) 2., or did not have a
2detectable amount of a restricted controlled substance in his or her blood.
SB377,157 3Section 157 . 346.63 (2) (b) 2. of the statutes is amended to read: