Trans 107.07(1)(1) Assessments and assessment reporting procedures shall be those established by ch. DHS 62. Standard department forms shall be used for all reports.

Trans 107.07(2)(2) Traffic safety school final report information forms shall be provided to the county department when documentation by the traffic safety school indicates a need for additional assessment which may require additional treatment not recommended at the time of the original assessment.

Trans 107.07(3)(3) Amended driver safety plans shall be accepted by the department when submitted by the county department documenting the reason for changes in assessment findings or recommendations. Pursuant to ss. 343.30 (1q) (d) and 343.305 (10) (d), Stats., a driver safety plan shall include a termination date consistent with the plan which shall not extend beyond one year of the date of assessment or reassessment.

Trans 107.07(4)(4) If the department does not receive a report of compliance with the order to obtain an assessment within 60 days from the date of an OWI or if the department receives information that the court has not ordered an assessment, the department shall order an assessment under s. 343.30 (1q) (f), or 343.305 (10) (f), Stats., and the person shall have 45 days to provide notification of compliance with assessment order or the person’s operating privilege shall be canceled, denied or suspended as provided in s. Trans 107.08 (1).

Trans 107.07(5)(5) When a department ordered assessment under s. Trans 107.06 has not been completed by the date of the OWI conviction, and the court subsequently orders an assessment, the person shall not be required to comply with the department ordered assessment. All previous driver safety plans shall be waived when a new department or court ordered assessment has been completed and a driver safety plan developed.

Trans 107.07(6)(6) If convicted of an amended charge, or the charge is dismissed, appealed or vacated prior to completion of a voluntary, department or court ordered assessment, compliance with the assessment order shall not be required. If the person has already completed an assessment, the person shall be required to comply with the driver safety plan if the assessment findings meet the criteria for operating privilege denial or cancellation under s. Trans 107.08 (1) (g).

Trans 107.07(7)(7) A report of noncompliance with a driver safety plan shall include the reason for noncompliance.

Trans 107.07 HistoryHistory: Cr. Register, November, 1982, No. 323, eff. 12-1-82; am. (1) to (3), (5) and (6), r. (7), renum. (8) to be (7), Register, September, 1986, No. 369, eff. 10-1-86; am. (3) and (4), Register, May, 1988, No. 389, eff. 6-1-88; am. (3), (4) and (6), Register, June, 1993, No. 450, eff. 7-1-93; am. (1), Register, September, 1996, No. 489, eff 10-1-96; correction in (1) made under s. 13.93 (2m) (b) 7., Stats., Register, April, 2000, No. 532; correction in (1) made under s. 13.92 (4) (b) 7., Stats., Register March 2012 No. 675.

Trans 107.08(1)(a)(a) When a hospitalization certificate shows inpatient treatment for chemical abuse or dependency and the person has not been absolutely or conditionally released from the institution, the operating privilege shall be denied or canceled until the conditions in sub. (2) (a) have been met.

Trans 107.08(1)(b)(b) When a person has one OWI arrest in 12 months and there is an assessment report, final report, medical report, or combination of reports on file with the department within the previous 2 years identifying chemical abuse or dependency and recommending no further involvement with chemicals, the person shall be immediately referred for assessment and the person’s operating privilege shall be denied or canceled until the conditions in sub. (2) (b) have been met.

Trans 107.08(1)(c)(c) When a person has had 3 OWI arrests in 12 months, the person shall be immediately referred for assessment and the operating privilege shall be denied or canceled until the conditions in sub. (2) (b) have been met.

Trans 107.08(1)(d)(d) When a person has 2 OWI arrests in 12 months, and has had 2 OWI convictions or implied consent revocations within the past 2 years, the person shall be immediately referred for an assessment and the operating privilege shall be denied or canceled until the conditions in sub. (2) (b) have been met.

Trans 107.08(1)(e)(e) When a person has 2 OWI arrests in 12 months with an alcohol concentration of .20 or above in at least one of the arrests, and the person has had an OWI conviction or implied consent revocation within the past 2 years, the person shall be immediately referred for assessment and the person’s operating privilege shall be denied or canceled until the conditions in sub. (2) (b) have been met.

Trans 107.08(1)(f)(f) When a person has 2 OWI arrests in 12 months with an alcohol concentration of .20 or above in at least one of the arrests, and there is an assessment report, driver safety plan final report, medical report, or combination of reports on file with the department within the past 2 years identifying possible chemical abuse or dependency, the person shall be referred for immediate assessment and the operating privilege shall be denied or canceled until the conditions in sub. (2) (b) or (c) have been met.

Trans 107.08(1)(g)(g) When the findings of an assessment, information from a medical report, other information in the file, or a combination thereof, indicate that the person’s chemical dependency may affect the person’s driving ability, the person’s operating privilege shall be denied or canceled under s. 343.06 (1) (d), Stats., until the conditions in sub. (2) (b) or (c) have been met. For purposes of this paragraph, the types of information considered are those described in s. Trans 107.04.

Trans 107.08 NoteNote: See s. Trans 107.08 (1) (L) regarding cancellation for noncompliance with a driver safety plan.

Trans 107.08(1)(h)(h) When a person fails to obtain an assessment as directed by the department, comply with the recommended driver safety plan or submit the required medical report, the person’s operating privilege shall be denied, canceled or suspended under s. 343.06 (1) (d) or 343.16 (5), Stats., until the department is notified of compliance.

Trans 107.08(1)(hm)(hm) When a person has an OWI arrest after an assessment and prior to completion of a driver plan, the person shall be considered in noncompliance by the department and the person’s operating privilege shall be denied, cancelled or suspended.

Trans 107.08(1)(i)(i) When a person fails to attend the interview scheduled according to s. Trans 107.06 (1), the person’s operating privilege shall be denied or cancelled.

Trans 107.08(1)(j)(j) Pursuant to s. 343.16 (5), 343.30 (1q) (c) 1m. or (d), or 343.305 (10) (d), Stats., the department shall suspend a person’s operating privilege for noncompliance until such time as the person is eligible for reinstatement under sub. (2), and may not issue an occupational license to the person, under any of the following conditions:

Trans 107.08(1)(j)2.2. The person fails to timely pay an assessment fee resulting from a court ordered assessment or a driver safety plan fee, or an installment of either fee, except driver safety plan fees imposed as the result of a court ordered assessment dated on or before July 28, 1995.

Trans 107.08(1)(j)3.3. The person fails to timely pay an assessment fee resulting from a department ordered or voluntary assessment or a driver safety plan, or any installment of any of these fees, and the person has been convicted of an offense for which assessment is mandatory, except driver safety plan fees imposed as the result of a court ordered assessment dated on or before July 28, 1995.

Trans 107.08(1)(j)4.4. The person has an OWI arrest after an assessment and prior to completion of a driver safety plan.

Trans 107.08(1)(j)5.5. The department receives a noncompliance report from a county department, a traffic safety school approved under s. 345.60, Stats., or a program in another state.

Trans 107.08(1)(k)(k) The department shall cancel an occupational license and may not issue a license to any person who has 2 or more prior OWIs and who fails to comply with a driver safety plan.