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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.
_____________________________________________________________________________
* 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
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