1999 Wisconsin Act 109
Click here for the text of the full Act.
January 1, 2001 Changes
Vehicle Title Stops:
The Division of Motor Vehicles (DMV) will no longer place
ownership-transfer-title stops on the records of vehicles not involved
in the violation, with the following exception:During 2001, if the
district attorney doesn't identify the involved vehicle on the MV2832
(which will be unlikely), then DMV will put stops on all vehicles owned
by the driver named on that form; beginning 1/1/02 if the district
attorney doesn't identify the involved vehicle, DMV will contact him or
her, requiring that the involved vehicle be identified before DMV
places any stops on title records.
Prior OWI Offense Counting:
New counting rules for violations on or after 1/1/2001:
(1) Count :
ALL 940.25 violations (great bodily harm by intoxicated use of a motor vehicle)
ALL 940.09(1) violations (homicide by intoxicated use of a motor vehicle and negligent homicide by intoxicated use)
ALL other OWI offenses counted under s. 343.307(1) or (2) with violation dates on or after January 1, 1989.
(2) Are there two or more prior offenses?
Yes? Every offense counted counts as a prior offense
No? Go to #3.
(3) Is the one prior offense for a 940.09(1) or 940.25 violation?
Yes? Second offense
No? Go to #4.
(4) Did the one prior offense occur within the preceding 10 years?
Yes? Second offense
No? First offense
NOTE :Offenses committed prior to January 1, 1989 , are not counted because the Department of Transportation doesnot have accurate records of OWI offenses before that time.In contrast, convictionsfor great bodily harm by intoxicated use and homicide by intoxicated use arerecoverable from the Department of Justice criminal record data base prior to1989.
OWI Penalties:
Increases the minimum fine for second offense OWI from $300 to $350 dollars and the maximum from $1000 to $1100. Increases the minimum fine for second offense OWI from $300 to $350 dollars and the maximum from $1000 to $1100.
On third and subsequent offenses fines may be increased for higher Alcohol Concentrations.
|
OWI BAC BASED PENALTIES FOR REPEAT OFFENDERS - ACT 109 | ||
|
BAC |
Fine Multiplier |
Fine Amount |
|
Below .17 |
Normal fine Doubled if there is a minor in the vehicle* |
$600 - $2000 $1200 - $4000 |
|
.17 to .19 |
Twice the normal fine - min. and max. fines are doubled |
$1200 - $4000 |
|
.20 to .24 |
3 times the normal fine - min. and max. fines are tripled |
$1800 - $6000 |
|
.25 and Above |
4 times the normal fine - min. and max. fines are quadrupled |
$2400 - $8000 |
Note: Fines are not doubled for minors in the vehicle in cases where fines are already multiplied for a BAC of .17 or higher. (See also JI 2663X Alcohol Concentration Level)
Other Miscellaneous Provisions
Drivers unable to pay OWI fines must perform community service to pay off the debt (See 346.65(2g)).
Huber law and prisoner work release laws now will require assessment and compliance with a driver safety plan as a condition of release. Offenders may be released to comply with assessment and driver safety plan.
DOT to maintain records of OWI offenses permanently (as of 1/1/89).
Raises the driver improvement surcharge from $340 to $345. Extra $5 to fund safe-ride / ride-share programs.
Note: Surcharge is now $355.
July 1, 2000 Changes
|
Act 109 Changes: Beginning July 1, 2000 |
|
Municipalities may eliminate mandatory court appearances in municipal court on 1st offense OWI. |
|
Vehicle may be seized, but is not required to be seized, for all 3rd and subsequent OWI convictions. |
|
Only the vehicle used in the OWI offense may be seized. |
Statute Amendment - Order 99-04 effective January 1, 2000: Section 343.24(1) amendment is intended to make admissible evidence to establish repeat Operating While Intoxicated, Operating After Revocation, and other criminal traffic violations without the need for court records and case files beyond their retention period specified in SCR 72.01.
343.24 Department to furnish operating record. (1) The department shall upon request furnish any person an abstract of the operating record of any person. The abstract shall be certified if certification is requested. Such abstract is not admissible in evidence for any action for damages or criminal proceeding arising out of a motor vehicle accident.
New Sentencing Option - The count shall ensure the person is imprisioned for not less than 5 days or ordered to perform not less than 30 days of community service on second offense OWI (see Section 346.65(2g)(d)).
Please be advised that probation is now a sentencing option for 4th or greater OWI offenses occurring on or after October 29, 1999. This includes OWI offenses under section 346.63(1) (simple OWI), (2) (OWI causing injury), (5) (commercial motor vehicle owi), or (6) (commercial motor vehicle causing injury). For more information, see 1999 Wisconsin Act 9 or contact the ResourceCenter.
