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2003 ACT 30
.08 BAC Law
Effective
9/30/03
Act 30 lowers the general prohibited alcohol concentration for
operating motor vehicles from .10 BAC to .08 BAC and is applicable to:
- motor vehicles (s.346.63(1)(b))
- motorboats (s.30.681(1)(b)(1))
- ATVs (s.23.33(4c)(a)(2))
- Snowmobiles (s.350.101(1)(b))
For first time offenders with a BAC of at least .08 but less than
.10, the law foregoes the application of all surcharges and additional
fees* generally added on to base deposits for traffic violations, with
the exception of seat belt violations, and the alcohol assessment.
These surcharges and additional fees include:
- Court Support Services Fee ($68) - s.814.634(1)(a)
- Court Cost ($25) - s.814.63(1)(b)
- Crime Lab & Drug Assessment Fee ($7) - s.165.755(1)(a)
- Penalty Assessment (24% of base deposit) - s.757.05(1)(a)
- Jail Assessment ($10) - s.302.46(1)(a)
- Justice Information Fee ($9; $12.50 in Milwaukee County) - s.814.635(1)
- Driver Improvement Surcharge ($355) - s.346.655
- Municipal Court Costs - s.814.65(1)
However, surcharges and fees shall be added to any OWI impairment
violation under s.346.63(1)(a) - motor vehicles, s.30.681(1)(a) -
motorboats, s.23.33(4c)(a)(1) - ATVs, and s.350.101(1)(a) -
snowmobiles, along with the alcohol assessment.
Example:
- First-time OWI offense with BAC @ .09 = $250 base deposit
- First-time OWI offense with BAC @ .10 = $784
($250 base
deposit, $25 court cost, $60 penalty assessment, $10 jail assessment,
$7 crime lab fee, $9 justice formation fee, $68 court support services
fee, $355 driver improvement surcharge)
For defendants found guilty of violating both charges (sub. (a) and
sub. (b)), the court will specify the subsection under which the
sentence is imposed.
However, the new $8 truck driver education assessment is applicable
to first-time commercial motor vehicle OWI offense with a BAC of at
least .08 but less than .10 under s.346.63(1) - OWI, or s.346.63(5) -
commercial vehicle OWI with BAC of at least .04 but less than .10
(OGC's latest interpretation):
- Act 30 did not amend s.349.04(1) that establishes the $8 truck driver education assessment
- Act 30 individually lists the surcharges that are not
applicable to first-time OWI violations with BAC of .08 to less than
.10, but does not identify s.349.04(1)
The result of this new $8 truck driver education assessment enforced
with the new Act 30 surcharge exemptions can be unusual when applied to
commercial motor vehicle operators:
- CMV operators convicted of operating a CMV with first-time OWIs
with BAC of .04 but less than .08 are subject to all the surcharges
including the $8 truck driver ed. assessment, but
- CMV operators convicted of operating a CMV with first-time
OWIs with BAC of .08 but less than .10 are not subject to the
surcharges except the $8 truck driver ed. assessment which is
applicable (i.e. cost would be base deposity plus $8).
- CMV operators convicted of operating a CMV with first-time OWIs with BAC of .10 or greater are subject to all surcharges.
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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…”
Loralee Brumond (Division of State Patrol) 8/1/03 |
