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2003 Wisconsin Act 30
Effective Date:September 30, 2003
***This Act applies to offenses committed on or after the effective date***
Motor Vehicles
- If a person has not attained the legal drinking age, that person
may not drive/operate a motor vehicle with an alcohol concentration
(AC) of more than 0.0, but less than .08. § 346.63(2m).
Commercial Motor Vehicles
- No person may drive/operate a commercial motor vehicle with an AC of more than .04, but less than .08. § 346.63(5)(a).
- No person may cause injury to another person by operating a
commercial motor vehicle with an AC of more than .04, but less than
.08. § 346.63(6)(a).
- The fact that an analysis shows that a person had an AC of
more than .04, but less than .08 is not to be given any prima facie
effect, except with respect to the operation of a commercial motor
vehicle. § 885.235(1g)(b).
ATVs
- No person shall operate an ATV with an AC of .08 or more. § 23.33(4c)(a)2.
- A person under 19 may not operate an ATV with an AC above 0.0 and less than .08. § 23.33(4c)(a)3.
- No person with an AC of .08 or more may cause injury to another by operation of an ATV. § 23.33(4c)(b)2.
- A defense to this is if the defendant can show that the injury
would have occurred even if he or she did not have an AC .08 or more. § 23.33(4c)(b)4.
Motorboats
- The legislature intends to encourage the vigorous prosecution of
offenses concerning the operation of motorboats by persons who have an
AC of .08 or more. § 967.055(1)(b).
- No person shall operate a motorboat with an AC of .08 or more. § 30.681(1)(b)1.
- No person under the legal drinking age may operate a motorboat with an AC of more than 0.0, but less than .08. § 30.681(1)(bn).
- No person with an AC of .08 or more may cause injury to another by operation or a motorboat. § 30.681(2)(b)1.
- A defense to this is if the defendant can show by a preponderance
of the evidence that the injury would have occurred even if he had been
exercising due care and did not have an AC of .08 or more. § 30.681(2)(d)1.
Snowmobiles
- No person may operate a snowmobile with an AC of .08 or more. § 350.101(1)(b).
- A person under 19 may not operate a snowmobile with an AC of more than 0.0, but less than .08. § 350.101(1)(c).
- No person with an AC of .08 or more may cause injury to another person while operating a snowmobile. § 350.101(2)(b).
- A defendant under this subsection, has a defense if he or she
proves that the injury would have occurred even if he had been
exercising due care and had not been under the influence of an
intoxicant or did not have an AC of .08 or more. § 350.101(2)(d)
Fines*
- For a first offense, if the person who committed the violation had
an AC of .08 or more, but less than .10 at the time of the violation,
that individual is exempt from the jail assessment of 1% of the
fine/forfeiture imposed. § 302.46(1)(a).
- For a first offense, if the person who committed the violation
had an AC of .08 or above, but less than .10 at the time of the
violation, that individual is exempt from the additional penalty
assessment of 24% of the fine/forfeiture imposed. § 757.05(1)(a).
- For a first offense, if the person who committed the violation
had an AC of .08 or more, but less than .10 at the time of the
violation, that individual is exempt from the$52 court support services
fee. § 814.634(1)(a).
- For a first offense, if the person who committed the violation
had an AC of .08 or more, but less than .10 at the time of the
violation, that individual is exempt from the $9 justice information
system fee. § 814.635(1).
- For a first offense, if the person who committed the violation
had an AC of .08 or more, but less than .10, that individual is exempt
from the $355 driver improvement surcharge. § 346.655(1).
- For a first offense, if the person who committed the violation
had an AC of .08 or more, but less than .10 at the time of the
violation, that individual is exempt from paying the $25 fee to the
clerk of the court. § 814.63(1)(c).
- In a municipal court action for a first offense, if the person
who committed the violation had an AC of .08 or more, but less than .10
at the time of the violation, that individual is exempt from the
applicable fee of $15 to $23 on each separate matter. § 814.65(1).
- For a first offense (excluding commercial OWI), if the person
who committed the violation had an AC of .08 or more, but less than .10
at the time of the violation, the individual is exempt from submitting
to and complying with an assessment by an approved public treatment
facility for examination. § 343.30(1q)(c)1.
- For a first offense, upon the disposition of a forfeiture
action for violation of an ordinance, if the person who committed the
violation had an AC of .08 or more, but less than .10 at the time of
the violation, the individual is exempt from the nonrefundable fee of
$5 to the clerk of the circuit court. § 814.63(2).
Miscellaneous Provisions
- In cases involving individuals with two or less prior convictions,
suspensions, or revocations (first or second offense), a chemical test
analysis showing that the individual has an AC of .08 or more is prima
facie evidence that the individual was under the influence of an
intoxicant and that the individual had an AC of .08 or more. § 885.235(1g)(c).
- A court may not impose crime lab and drug law enforcement
assessments for a first offense, if the individual who committed the
violation had an AC of .08 or more, but less than .10 at the time of
the violation. § 165.755(1)(b).
- The record of suspensions, revocations, and convictions that would be counted under 343.307(2) will be maintained permanently, except the
department will purge the record of a first OWI violation after 10
years, if the person’s AC at the time of the violation was .08 or more
but less than .10, if the person does not have a commercial
driver’s license, if the violation was not committed by a person
operating a commercial motor vehicle, and if the person has no other
suspension, revocation, or conviction that would be counted under
343.307 during that 10-year period. § 343.23(2)(b).
Repealed
- 340.01(46m)(b)
- 885.235(1g)(a)(2)
- 885.235(1g)(bd)
- 885.235(1g)(cd)
Renumbered
- 885.235(1g)(a)(1) is renumbered to 885.235(1g)(a)
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* The interpretation of the applicability of these
provisions to ordinance violations has generated a great deal of
discussion as reflected below:
- One interpretation is that the fee exceptions are applicable
only for a municipal or county ordinance violation at the circuit court
level; but do not require the same exception at the municipal court
level. In other words, a municipal judge could waive the fees, but
would not be required to do so.
- Another interpretation is that Act 30 does not consistently
use the language “or a local ordinance in conformity therewith” when
describing the circumstances in which the exemption applies. Thus, in
the sections where not specifically stated, the exemption would not
apply to an ordinance violation of 346.63(1)(b), where the person who
committed the violation had an alcohol concentration of .08 or more but
less than .10 at the time of the violation.
- A third interpretation is that the legislative intent was
to eliminate the extra fees, surcharges, and assessments for first
offense violations with an alcohol concentration of .08 or more but
less than .10 at the time of the violation.
- The Municipal Judge Education Committee acknowledges that
the language is problematic, but concludes that the exceptions do apply
to municipal courts. In reaching this conclusion, the committee
specifically relied upon sec. 814.65(1), as amended: “In a municipal
court action, except for an action for a first violation of s.
23.33(4c)(a)2., 30.681(1)(b)1., 346.63(1)(b), or 350.101(1)(b), if the
person who committed the violation had a blood alcohol concentration of
0.08 or more but less than 0.1 at the time of the violation, or for a
violation of an ordinance in conformity with s. 347.48(2m), the
municipal judge shall collect a fee…”
ResourceCenter on Impaired Driving, 8/03 |
