|
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)
______________________________________________________________________________
* 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
|
