AB167,,7777343.28 (1) Whenever a person is convicted of a moving traffic violation under chs. 341 to 349 or under a local ordinance enacted under ch. 349, the clerk of the court in which the conviction occurred, or the justice, judge or magistrate of a court not having a clerk, shall, as provided in s. 345.48, forward to the department the record of such conviction. The record of conviction forwarded to the department shall state whether the offender was involved in an accident at the time of the offense, whether the offender was operating a commercial motor vehicle at the time of the offense and, if so, whether the offender was transporting hazardous materials requiring placarding or any quantity of a material listed as a select agent or toxin under 42 CFR 73, or was operating a vehicle designed to carry, or actually carrying, 16 or more passengers, including the driver. Whenever a person is convicted of an offense that may be counted under s. 343.307 (2), the court shall include in the record of conviction forwarded to the department the offender’s alcohol concentration at the time of the offense, if this information is known to the court. Whenever a person is convicted of exceeding a posted speed limit, the record of conviction forwarded to the department shall include the number of miles per hour in excess of the posted speed limit.

AB167,,7979343.30 (1q) (b) 2. Except as provided in sub. (1r) or subd. 3., 4. or 4m., for the first conviction, the court shall revoke the person’s operating privilege for not less than 6 months nor more than 9 months. The If, pursuant to s. 343.301, the person is not restricted to operating a motor vehicle that is equipped with an ignition interlock device, the person is eligible for an occupational license under s. 343.10 at any time 45 days after the date of conviction. The person may apply for an ignition interlock restricted license under s. 343.105 immediately upon receiving notice of revocation, but he or she may not apply for both an occupational license and an ignition interlock restricted license.

AB167,,8181343.30 (1q) (b) 3. Except as provided in sub. (1r) or 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 (1) within a 10-year period, equals 2, the court shall revoke the person’s operating privilege for not less than one year nor more than 18 months. After the first 45 days of the revocation period has elapsed, the person is eligible for an occupational license under s. 343.10 if he or she has completed the assessment and is complying with the driver safety plan ordered under par. (c). The person may apply for an ignition interlock restricted license under s. 343.105 immediately upon receiving notice of revocation.

AB167,,8383343.30 (1q) (b) 4. Except as provided in sub. (1r) or 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 (1), equals 3 or more, the court shall revoke the person’s operating privilege for not less than 2 years nor more than 3 years. After the first 45 days of the revocation period has elapsed, the person is eligible for an occupational license under s. 343.10 if he or she has completed the assessment and is complying with the driver safety plan ordered under par. (c). The person may apply for an ignition interlock restricted license under s. 343.105 immediately upon receiving notice of revocation.

AB167,,8585343.30 (1q) (h) The court or department shall provide that the period of suspension or revocation imposed under this subsection shall be reduced by any period of suspension or revocation previously served under s. 343.305 if the suspension or revocation under s. 343.305 and the conviction for violation of s. 346.63 (1) or (2m) or a local ordinance in conformity therewith arise out of the same incident or occurrence. The court or department shall order that the period of suspension or revocation imposed under this subsection run concurrently with any period of time remaining on a suspension or revocation imposed under s. 343.305 arising out of the same incident or occurrence. The court or department may modify an occupational ignition interlock restricted license authorized under s. 343.305 (8) (d) in accordance with this subsection.

AB167,,8787343.301 (title) Installation of ignition Ignition interlock device required.

AB167,,8989343.301 (1g) (intro.) A court shall enter an order under par. (am) person’s operating privilege is restricted to operating vehicles that are equipped with a functioning ignition interlock device that is approved by the department if either of the following applies:

AB167,,9090(b) 2. The person has a total of one or more prior convictions, suspensions, or revocations, counting convictions under ss. 940.09 (1) and 940.25 in the person’s lifetime and other convictions, suspensions, and revocations counted under s. 343.307 (1).

AB167,,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.

AB167,,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.

AB167,,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.

AB167,,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.

AB167,,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.

AB167,,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.