2001 ACT 16 OWI-RELATED PROVISIONS

(Budget)

 

Summary

 

All OWI Offenders:

Effective September 1, 2001, the OWI surcharge increases by $10 from $345 to $355.

 

Repeat Offenders

Creation of 2 penalty schemes for repeat offenders

  1. New penalties are created for drivers convicted of 2 or more OWI offenses within any 5 year period
  2. For all other repeat offenders, vehicle sanctions remain the same.

 

 

Drivers convicted of 2 or more offenses within any 5 year period (For violations on or after 9/30/01)

- Will not be eligible for an occupational license for one year

- Will be subject to immobilization or ignition interlock requirements on all vehicles for which their name appears on the title or registration. Note: The vehicle used in the offense may still be ordered seized on third and subsequent offenses.

- For the 2nd conviction with respect to imprisonment, the court shall ensure that the person is imprisoned for not less than 5 days or ordered to perform not less than 30 days of community service work.

- Other civil/criminal sanctions remain the same as today

 

2001 Act 16 brings Wisconsin into compliance with federal TEA-21 – chapter 164 requirements for repeat offenders September 30, 2001. Most of these statutory changes go into effect September 30, 2001 and impact 1999 Act 109 OWI changes effective January 1, 2002. They apply to new offenses (arrests that result in a conviction) that take place on or after the effective dates, but take into account prior offenses that are part of the offender’s driving history.

 

Vehicle Sanctions

 

Seizure

Vehicle Seizure remains the same as today. For third and subsequent convictions, only the vehicle used in the offense and owned by the offender may be seized. Seizure may be used in combination with other vehicle sanctions to meet the federal requirements. Seizure is not an option for 1st or 2nd convictions.

 

Example: For someone with 3 offenses and 2 within any five year period, the court may order the offender’s vehicle used in the offense seized. Starting 9/30/01, all other vehicles for which the offender’s name appears on the title or registration must be immobilized or equipped with IIDs.

 

Hardship exception remains the same as current law – “The court may not order a vehicle seized… if seizure would result in undue hardship or extreme inconvenience or would endanger the heath and safety of a person.