AB220,85,6 343.31 (1) (am) Injury by the operation of a vehicle while under the influence of an intoxicant, tetrahydrocannabinols, a controlled substance or a controlled substance analog, or any combination of an intoxicant, tetrahydrocannabinols, a controlled substance and a controlled substance analog, under the influence of any other drug to a degree which renders him or her incapable of safely driving, or under the combined influence of an intoxicant and any other drug to a degree which renders him or her incapable of safely driving or while the person has a detectable amount of a restricted controlled substance in his or her blood or has a prohibited alcohol or tetrahydrocannabinols concentration and which is criminal under s. 346.63 (2).

AB220,142 Section 142 . 343.31 (2) of the statutes is amended to read:

AB220,85,22 343.31 (2) The department shall revoke the operating privilege of any resident upon receiving notice of the conviction of such person in another jurisdiction for an offense therein which, if committed in this state, would have been cause for revocation under this section or for revocation under s. 343.30 (1q). Such offenses shall include violation of any law of another jurisdiction that prohibits a person from using a motor vehicle while intoxicated or under the influence of a controlled substance or controlled substance analog, or a combination thereof; with an excess or specified range of alcohol or tetrahydrocannabinols concentration; while under the influence of any drug to a degree that renders the person incapable of safely driving; or while having a detectable amount of a restricted controlled substance in his or her blood, as those or substantially similar terms are used in that jurisdiction's laws. Upon receiving similar notice with respect to a nonresident, the department shall revoke the privilege of the nonresident to operate a motor vehicle in this state. Such revocation shall not apply to the operation of a commercial motor vehicle by a nonresident who holds a valid commercial driver license issued by another state.

AB220,143 Section 143 . 343.315 (2) (a) 2. of the statutes is amended to read:

AB220,86,5 343.315 (2) (a) 2. Section 346.63 (1) (b) or (5) (a) or a local ordinance in conformity therewith or a law of a federally recognized American Indian tribe or band in this state in conformity with s. 346.63 (1) (b) or (5) (a) or the law of another jurisdiction prohibiting driving or operating a commercial motor vehicle while the person's alcohol concentration is 0.04 or more or with an excess or specified range of alcohol or tetrahydrocannabinols concentration, as those or substantially similar terms are used in that jurisdiction's laws.

AB220,144 Section 144 . 343.315 (2) (a) 5. of the statutes is amended to read:

AB220,86,14 343.315 (2) (a) 5. Section 343.305 (7) or (9) or a local ordinance in conformity therewith or a law of a federally recognized American Indian tribe or band in this state in conformity with s. 343.305 (7) or (9) or the law of another jurisdiction prohibiting refusal of a person driving or operating a motor vehicle to submit to chemical testing to determine the person's alcohol or tetrahydrocannabinols concentration or intoxication or the amount of a restricted controlled substance in the person's blood, or prohibiting positive results from such chemical testing, as those or substantially similar terms are used in that jurisdiction's laws.

AB220,145 Section 145 . 343.315 (2) (a) 6. of the statutes is amended to read:

AB220,87,2 343.315 (2) (a) 6. Section 346.63 (2) or (6), 940.09 (1) or 940.25 or a law of a federally recognized American Indian tribe or band in this state in conformity with s. 346.63 (2) or (6), 940.09 (1) or 940.25, or the law of another jurisdiction prohibiting causing or inflicting injury, great bodily harm or death through use of a motor vehicle while intoxicated or under the influence of alcohol, tetrahydrocannabinols, a controlled substance, a controlled substance analog or a combination thereof, or with an alcohol concentration of 0.04 or more or with an excess or specified range of alcohol or tetrahydrocannabinols concentration, while under the influence of any drug to a degree that renders the person incapable of safely driving, or while having a detectable amount of a restricted controlled substance in the person's blood, as those or substantially similar terms are used in that jurisdiction's laws.

AB220,146 Section 146 . 343.315 (2) (bm) 2. of the statutes is amended to read:

AB220,87,6 343.315 (2) (bm) 2. The offense relates to a vehicle operator's alcohol or tetrahydrocannabinols concentration or intoxication or the amount of a restricted controlled substance in the operator's blood.

AB220,147 Section 147 . 343.32 (2) (bj) of the statutes is amended to read:

AB220,87,12 343.32 (2) (bj) The scale adopted by the secretary shall assess, for each conviction, 6 demerit points for a violation of s. 346.63 (6), 4 demerit points for a violation of s. 346.63 (2m) or (2p), and 3 demerit points for a violation of s. 346.63 (7) (a) 3. The scale adopted by the secretary shall not assess any demerit points for conviction of a violation of s. 346.63 (5) or (7) (a) 1. or 2.

AB220,148 Section 148 . 343.38 (1) (d) 2. of the statutes is amended to read:

AB220,87,18 343.38 (1) (d) 2. Not more than 45 days before applying for reinstatement, the person submits to and complies with an assessment by an approved public treatment facility, as defined in s. 51.45 (2) (c), for examination of the person's use of alcohol, tetrahydrocannabinols, controlled substances, or controlled substance analogs and development of a driver safety plan for the person.

AB220,149 Section 149 . 343.44 (1) (a) of the statutes is amended to read:

AB220,88,4 343.44 (1) (a) Operating while suspended. No person whose operating privilege has been duly suspended under the laws of this state may operate a motor vehicle upon any highway in this state during the period of suspension or in violation of any restriction on an occupational license issued to the person during the period of suspension. A person's knowledge that his or her operating privilege is suspended is not an element of the offense under this paragraph. In this paragraph, “ restriction on an occupational license" means restrictions imposed under s. 343.10 (5) (a) as to hours of the day, area, routes or purpose of travel, vehicles allowed to be operated, use of an ignition interlock device, sobriety or use of alcohol, tetrahydrocannabinols, controlled substances or controlled substance analogs.

AB220,150 Section 150 . 343.44 (1) (b) of the statutes is amended to read:

AB220,88,15 343.44 (1) (b) Operating while revoked. No person whose operating privilege has been duly revoked under the laws of this state may operate a motor vehicle upon any highway in this state during the period of revocation or in violation of any restriction on an occupational license issued to the person during the period of revocation. A person's knowledge that his or her operating privilege is revoked is not an element of the offense under this paragraph. In this paragraph, “restriction on an occupational license" means restrictions imposed under s. 343.10 (5) (a) as to hours of the day, area, routes or purpose of travel, vehicles allowed to be operated, use of an ignition interlock device, sobriety or use of alcohol, tetrahydrocannabinols, controlled substances or controlled substance analogs.

AB220,151 Section 151 . 344.576 (2) (b) of the statutes is amended to read:

AB220,88,20 344.576 (2) (b) The damage occurs while the renter or authorized driver operates the private passenger vehicle in this state while under the influence of an intoxicant or other drug, as described under s. 346.63 (1) (a), (am), or (b) or, (2m), or (2p).

AB220,152 Section 152 . 346.63 (1) (b) of the statutes is amended to read:

AB220,88,23 346.63 (1) (b) The person has a prohibited alcohol or tetrahydrocannabinols concentration.

AB220,153 Section 153 . 346.63 (1) (d) of the statutes is renumbered 346.63 (1) (d) 1. and amended to read:

AB220,89,7 346.63 (1) (d) 1. In an action under par. (am) that is based on the defendant allegedly having a detectable amount of methamphetamine, or gamma-hydroxybutyric acid, or delta-9-tetrahydrocannabinol in his or her blood, the defendant has a defense if he or she proves by a preponderance of the evidence that at the time of the incident or occurrence he or she had a valid prescription for methamphetamine or one of its metabolic precursors, or gamma-hydroxybutyric acid, or delta-9-tetrahydrocannabinol.

AB220,154 Section 154 . 346.63 (1) (d) 2. of the statutes is created to read:

AB220,89,13 346.63 (1) (d) 2. In an action under par. (b) that is based on the defendant allegedly having a prohibited tetrahydrocannabinols concentration, the defendant has a defense if he or she proves by a preponderance of the evidence that at the time of the incident or occurrence he or she had a valid prescription for tetrahydrocannabinol or he or she was a qualifying patient, as defined in s. 50.80 (6).

AB220,155 Section 155 . 346.63 (2) (a) 2. of the statutes is amended to read:

AB220,89,16 346.63 (2) (a) 2. The person has a prohibited alcohol or tetrahydrocannabinols concentration.