</h1> <h1>Resource Center on Impaired Driving - University of Wisconsin Law School

2001 Budget Bill OWI Related Provisions

Summary

With language included in the 2001 Governor's budget, Wisconsin will come into compliance with federal TEA-21 - chapter 164 requirements for repeat offenders September 30, 2001. In short, any driver with 2 offenses in any 5 year period will not be eligible for an occupational or hardship license for one year and will be subject to seizure, immobilization or ignition interlock requirements on all vehicles for which their name appears on the title or registration.

These statutory changes go into effect September 30, 2001 and impact 1999 Act 109 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 offender's driving history.

Occupational License Eligibility

Effective 9/30/01, OWI offenders with 2 or more offenses within any five-year period are eligible for an occupation license one year from the date of revocation for the offense. Current eligibility criteria applies to multiple offenders with offenses that are not within any five-year period. Act 109 does not change this area of the law so no additional changes come into play 1/1/02.

For violations committed before September 30, 2001 resulting in a conviction

Offender Status	Occupational License Eligibility*
1^st offense OWI	Immediately
2^nd offense OWI (2 within 10 years or 1^st offense was NHI or GBH OWI)	60 days from the beginning date of revocation.
3^rd or subsequent OWI offense (3 or more in lifetime)	90 days from the beginning date of revocation.
1^st and 2^nd offense OWI causing injury (OII)	60 days from the beginning date of revocation.
All OWI great bodily harm (GBH) OWI homicide (NHI)	120 days from the beginning date of revocation.
1^st offense Refusal	30 days from the beginning date of revocation.
2^nd offense Refusal	90 days from the beginning date of revocation.
3^rd & subsequent offense Refusal	120 days from the beginning date of revocation.

For violations committed September 30, 2001 and after resulting in a conviction

Offender Status	Eligibility*
Same as above unless 2 or more OWI-type offenses occur within any 5 year period	One year from date of revocation.

*Note: Other driver record criteria may affect eligibility.

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 1^st or 2^nd 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 health and safety of a person."

Immobilization For violations committed before September 30, 2001 resulting in a conviction
Offender Status	Sanction	Time Period
1^st Offender	None
2^nd offender (2 within 10 years or 1^st offense was NHI or GBH OWI)	None
3^rd or subsequent (3 or more in lifetime)	Court must order a vehicle owned by the person immobilized if vehicle used in offense wasn't ordered seized or if a vehicle owned by the offender wasn't ordered equipped with an IID.	Not more than the period the offender's operating privilege was revoked. *Note: This means it is based on the actual ordered period of revocation vs. the maximum revocation period for the offense.*
Hardship exception: "The court may not order a vehicle. immobilized if that would result in undue hardship or extreme inconvenience or would endanger the health and safety of a person."

For violations committed September 30, 2001 - December 31, 2001 resulting in a conviction
Offender Status	Sanction	Time Period
1^st Offender	None
2^nd offender (2 within 10 years or 1^st offense was NHI or GBH OWI, but none within 5 years of another)	None
3^rd or subsequent (3 or more in lifetime, none within 5 years of another)	Court must order a vehicle owned by the person immobilized if vehicle used in offense wasn't ordered seized and if a vehicle owned by the offender wasn't ordered equipped with an IID.	Not more than the period the offender's operating privilege was revoked. *Note: This means it is based on the actual ordered period of revocation vs. the maximum revocation period for the offense.*
2^nd or subsequent offender - 2 offenses within any 5-year period.	All vehicles for which the offender's name appears on the title or registration must be immobilized unless they were ordered equipped with IID or ordered seized.	Not less than 1 year nor more than the maximum revocation period for the offense. *The time-period starts on the date of revocation for the offense.*
Hardship Exception: If immobilizing each motor vehicle would cause undue hardship to any person, except the person to whom the order applies, who is completely dependent on a motor vehicle subject to immobilization for the necessities of life, including a family member or any person who holds legal title to a motor vehicle with the person to whom the order applies, the court may order that one or more motor vehicles not be immobilized.

For violations committed January 1, 2002 and after resulting in a conviction
Offender Status	Sanction	Time Period
1^st Offender	None
2^nd or subsequent (2 within 10 years or 1^st offense was NHI or GBH OWI, but none within 5 years of another)	Court may order immobilization of the vehicle owned by the offender and used in the offense.	Not less than 1 year nor more than the maximum revocation period for the offense. *The time-period starts on the date of revocation for the offense.*
2^nd or subsequent offender - 2 offenses within any 5-year period.	All vehicles for which the offenders name appears on the title or registration must be immobilized unless they were ordered equipped with IID or ordered seized.	Not less than 1 year nor more than the maximum revocation period for the offense. *The time-period starts on the date of revocation for the offense.*
Hardship Exception: If immobilizing each motor vehicle would cause undue hardship to any person, except the person to whom the order applies, who is completely dependent on a motor vehicle subject to immobilization for the necessities of life, including a family member or any person who holds legal title to a motor vehicle with the person to whom the order applies, the court may order that one or more motor vehicles not be immobilized.

Ignition Interlock Devices (IID) For violations committed before September 30, 2001 resulting in a conviction
Offender Status	Sanction	Time Period
1^st Offender	None**
2^nd offender (2 within 10 years or 1^st offense was NHI or GBH OWI)	None**
3^rd or subsequent (3 or more in lifetime)	IID restriction for Class D operation on occupational license if the court ordered a vehicle owned by the offender equipped with an IID.	Duration of occupational license
	Court must order IID on a vehicle owned by the person if vehicle used in offense wasn't ordered seized and if a vehicle owned by the offender wasn't ordered immobilized.	Not more than 2 years more than the period the offender's operating privilege was revoked. *Note: This means it is based on the actual ordered period of revocation vs. the maximum revocation period for the offense.*
Hardship exception: "The court may not order a vehicle. equipped with an IID. if that would result in undue hardship or extreme inconvenience or would endanger the health and safety of a person."

Ignition Interlock Devices (IID) For violations committed September 30, 2001 - December 31, 2001 resulting in a conviction
Offender Status	Sanction	Time Period
1^st Offender	None**
2^nd offender (2 within 10 years or 1^st offense was NHI or GBH OWI - but none within 5 years of another)	None**
3^rd or subsequent offender (3 or more in lifetime - but none within 5 years of another)	IID restriction for Class D operation on occupational license if the court ordered a vehicle owned by the offender equipped with an IID.	Duration of occupational license
	Court must order IID on a vehicle owned by the person if vehicle used in offense wasn't ordered seized and if a vehicle owned by the offender wasn't ordered immobilized.	Not more than 2 years more than the period the offender's operating privilege was revoked. *Note: This means it is based on the actual ordered period of revocation vs. the maximum revocation period for the offense.*
2^nd or subsequent offender - 2 offenses within any 5-year period.	IID restriction for Class D operation on occupational license if the court ordered each vehicle owned by the offender equipped with an IID.	Duration of occupational license
	All vehicles for which the offenders name appears on the title or registration must be equipped with IID unless they were ordered immobilized or ordered seized.	Not less than 1 year nor more than the maximum revocation period for the offense. *The time-period starts 1 year from the date of revocation for the offense.*
Hardship Exception: If equipping each motor vehicle with an IID would cause an undue financial hardship, the court may order that one or more motor vehicles subject to the IID requirement not be equipped with an IID.

Ignition Interlock Devices (IID For violations committed January 1, 2002 and after resulting in a conviction
Offender Status	Sanction	Time Period
1^st Offender	None**
2^nd or subsequent offender - but none within 5 years of another	IID restriction for Class D operation on occupational license if the court ordered a vehicle owned by the offender equipped with an IID.	Duration of occupational license
	Court may order IID as restriction on Class D driving privilege.	Not less than 1 year nor more than the maximum revocation period for the offense.
2^nd or subsequent offender - 2 offenses within any 5-year period.	IID restriction for Class D operation on occupational license if the court ordered all vehicles owned by person equipped with an IID.	Duration of occupational license
	Court may order IID as a restriction on Class D driving privilege.	Not less than 1 year nor more than the maximum revocation period for the offense.
	All vehicles for which the offenders name appears on the title or registration must be equipped with IID unless they were ordered immobilized or ordered seized.	Not less than 1 year nor more than the maximum revocation period for the offense. *The time-period starts 1 year from the date of revocation for the offense.*
Hardship Exception: If equipping each motor vehicle with an IID would cause an undue financial hardship, the court may order that one or more motor vehicles subject to the IID requirement not be equipped with an IID.

** DMV will place the restriction on the occupational license privilege whenever the court orders it. See Trans 117.04(5)(a)2.

Other OWI Changes

� Before 9/30/01 2^nd offenders may perform 15 hours of community service in lieu of 5 days in jail. Effective 9/30/01, 2^nd offenders must perform 30 hours of community service in order to avoid jail-time.

� Effective the day after publication (probably early September), the OWI surcharge increases by $10 from $345 to $355.

Resource Center on Impaired Driving

2001 Budget Bill OWI Related Provisions

Ignition Interlock Devices (IID

Other OWI Changes