In addition to the administrative suspension for failing a test and the administrative revocation for refusing a test, when a person is convicted of an OWI offense, the convicting court orders the person’s operating privilege be revoked. The length of time for a court-ordered revocation increases with each subsequent OWI offense, as does the waiting period before the person may apply for an occupational license. In general, a person who commits a first OWI offense may apply for an occupational license immediately, and a person with prior OWI offenses may apply after 45 days, unless he or she has committed two or more OWI offenses within five years, in which case the person must wait 12 months before he or she may apply for an occupational license.
Under current law, a court must order a person’s motor vehicle operating privilege be restricted to operating vehicles that are equipped with an ignition interlock device (IID) when a person is convicted of a second or subsequent OWI offense or a first OWI offense while his or her alcohol concentration is 0.15 or greater, refuses to take a test for intoxication, or injures or kills a person while operating a vehicle while intoxicated.
Under current law, the operating privilege restriction stays in place for not less than one year nor more than the maximum operating privilege revocation period permitted for the refusal or violation. A person who violates a court order to install an IID by failing to install, removing, disconnecting, or otherwise tampering with the IID may be fined not less than $150 nor more than $600, imprisoned for not more than six months, or both, for the first offense and may be fined not less than $300 nor more than $1,000, or imprisoned for not more than six months, or both, for a second or subsequent offense.
This bill creates a license called an ignition interlock restricted license. Under the bill, an IIRL permits a person to operate a motor vehicle only if the motor vehicle is equipped with an IID. An IIRL does not impose any geographic limitations, and the person may operate the vehicle for any purpose.
Under the bill, a person who commits a first OWI offense while his or her alcohol concentration is below 0.15 (first offender) and a person who either fails a chemical test or refuses a test has the option of applying for an occupational license or an IIRL. A first offender may be eligible for an IIRL at any time, but if he or she opts for an occupational license, he or she is not eligible to receive that license until 45 days have passed from the time of the conviction.
A person who fails a chemical test and whose operating privilege is administratively suspended may be eligible for an IIRL immediately, if he or she waives his or her right to an administrative hearing on the propriety of the test, and may be eligible for an occupational license 45 days after his or her arrest. If the person requests an administrative hearing and he or she does not prevail at the hearing, he or she may be eligible for an IIRL 15 days after the hearing.
Under the bill, a person whose operating privilege is administratively revoked for improperly refusing a test may be eligible for an IIRL after 30 days and, depending on whether the person has prior OWI convictions or offenses, may be eligible for an occupational license after a waiting period ranging from 45 days for a first offender to 120 days for a person with more than three OWI convictions or offenses.
Under the bill, except for a first offender, anyone who is convicted of or found to have committed an OWI offense is not eligible for an occupational license but may operate a vehicle only under an IIRL. If a person who was eligible for either an occupational license or an IIRL before he or she was convicted of the offense had opted for an IIRL, the person gets credit for the number of days he or she was licensed under the IIRL. Under the bill, the IIRL is in effect for at least one year and remains in effect until any applicable license revocation or operating privilege restriction for the OWI expires.
Under the bill, in order to obtain an IIRL, the person must demonstrate to DOT that any applicable waiting period has passed, that the person has equipped one or more of his or her vehicles with a functioning IID that is approved by DOT, that the person has complied or is complying with any court-ordered assessment and driver safety plan, and that he or she has paid the required fee to DOT.
Under the bill, a person who operates a vehicle that is not equipped with an IID, in violation of his or her restricted operating privilege, may be fined not less than $500 nor more than $1,200, or imprisoned for not more than six months, or both, for the first offense. For a second or subsequent conviction, the person may be fined not less than $600 nor more than $2,000, or imprisoned for not more than six months, or both. In addition, the person’s operating privilege is restricted for an additional six months for each violation.
Because this bill creates a new crime or revises a penalty for an existing crime, the Joint Review Committee on Criminal Penalties may be requested to prepare a report.
For further information see the state and local fiscal estimate, which will be printed as an appendix to this bill.
SB150,,44The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
SB150,15Section 1. 110.10 (4m) of the statutes is amended to read:
SB150,,66110.10 (4m) Requiring ignition interlock device providers operating in this state to accept, as payment in full for equipping a motor vehicle with an ignition interlock device and for maintaining the ignition interlock device, the amount specified by the department under s. 343.301 (3) (b) or ordered by the court under s. 343.301 (3) (b), 2021 stats., if applicable.
SB150,27Section 2. 165.957 (3) (a) of the statutes is amended to read:
SB150,,88165.957 (3) (a) A standard for frequent testing for the use of alcohol or a controlled substance that is an alternative to the testing described in sub. (4) (b) 1. This paragraph does not apply to testing required pursuant to an order under s. 343.301 (1g) (am) 2. that a court imposes on a person who meets the criteria under s. 343.301 (1g) (a) 2. b.
SB150,39Section 3. 165.957 (4) (a) 2. of the statutes is amended to read:
SB150,,1010165.957 (4) (a) 2. The person agrees to totally abstain from using alcohol or a controlled substance while he or she is released on bond, on release under s. 969.01 (1), on probation, participating in a deferred prosecution agreement, or on parole or extended supervision and agrees to participate in the program even though his or her participation is not ordered by a judge or by the department of corrections as a condition of bond, release pursuant to s. 969.01 (1), probation or deferred prosecution, or release to parole or to extended supervision. This subdivision does not apply to any person who meets the criteria under s. 343.301 (1g) (a) 2. b. and who is subject to an order under s. 343.301 (1g) (am) 2.
SB150,411Section 4. 165.957 (4) (b) 1. of the statutes is amended to read:
SB150,,1212165.957 (4) (b) 1. Except as provided in subd. 2. or 2m., the program requires participants to be tested for the use of alcohol at least twice daily, at approximately 12-hour intervals, or for the use of a controlled substance as frequently as practicable.
SB150,513Section 5. 165.957 (4) (b) 2. of the statutes is amended to read:
SB150,,1414165.957 (4) (b) 2. If the standard for frequent testing described in subd. 1. creates an unreasonable hardship for the county administering the program, the program may utilize the standard established by the department of justice under sub. (3) (a). This subdivision does not apply to any person who meets the criteria under s. 343.301 (1g) (a) 2. b. and who is subject to an order under s. 343.301 (1g) (am) 2.
SB150,615Section 6. 165.957 (4) (b) 2m. of the statutes is repealed.
SB150,716Section 7. 303.08 (10r) of the statutes is amended to read:
SB150,,1717303.08 (10r) The sheriff may not permit a prisoner whose operating privilege for the operation of “Class D” vehicles is restricted to operating vehicles that are equipped with an ignition interlock device under s. 343.301 (1g), 2021 stats., to leave the jail under sub. (1) unless, within 2 weeks after the court issues an order under s. 343.301 (1g) (am) 1., 2021 stats., or the person’s operating privilege is restricted under s. 343.301 (1g) (am) 2., 2021 stats., the person submits proof to the sheriff that an ignition interlock device has been installed in each motor vehicle to which the order applies. If the prisoner’s operating privilege is restricted pursuant to s. 343.301 (1g) and the person intends to operate a motor vehicle, the sheriff may not permit the person to leave the jail under sub. (1) unless the person submits proof to the sheriff that an ignition interlock device has been installed in each motor vehicle the person operates.
SB150,818Section 8. 340.01 (46m) (c) of the statutes is amended to read:
SB150,,1919340.01 (46m) (c) If the person is subject to an order under s. 343.301, 2021 stats., if the person’s operating privilege is restricted pursuant to s. 343.301 (1g), or if the person has 3 or more prior convictions, suspensions or revocations, as counted under s. 343.307 (1), an alcohol concentration of more than 0.02.