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
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Offender Status
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Occupational License Eligibility*
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1st offense OWI
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Immediately
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2nd offense OWI (2 within 10 years or 1st offense was NHI or GBH OWI)
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60
days from the beginning date of revocation.
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|
3rd or subsequent OWI offense (3 or more in lifetime)
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90
days from the beginning date of revocation.
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|
1st and 2nd offense OWI causing injury (OII)
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60
days from the beginning date of revocation.
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All
OWI great bodily harm (GBH) OWI homicide (NHI)
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120
days from the beginning date of revocation.
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1st offense Refusal
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30
days from the beginning date of revocation.
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2nd offense Refusal
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90
days from the beginning date of revocation.
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3rd & subsequent offense Refusal
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120
days from the beginning date of revocation.
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Offender Status
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Eligibility*
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Same
as above unless 2 or more OWI-type offenses occur within any 5 year period
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One
year from date of revocation.
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*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 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 health and safety of a person.”
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Immobilization
For violations committed before September 30, 2001 resulting in a
conviction
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Offender Status
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Sanction
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Time Period
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1st Offender
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None
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|
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2nd offender (2 within 10 years or 1st offense was NHI or GBH OWI)
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None
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|
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3rd or subsequent (3 or more in lifetime)
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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.
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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.”
| ||
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For violations committed September 30, 2001 - December 31, 2001
resulting in a conviction
| ||
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Offender Status
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Sanction
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Time Period
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1st Offender
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None
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|
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2nd offender (2 within 10 years or 1st offense was NHI or GBH OWI, but
none within 5 years of another)
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None
|
|
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3rd or subsequent (3 or more in lifetime, none within 5 years of another)
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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.
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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.
|
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2nd or subsequent offender - 2 offenses within any 5-year period.
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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.
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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.
|
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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.
| ||
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For violations committed January 1, 2002 and after resulting in a
conviction
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Offender Status
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Sanction
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Time Period
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1st Offender
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None
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2nd or subsequent (2 within 10 years or 1st offense was NHI or GBH
OWI, but none within 5 years of another)
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Court
may order immobilization of the vehicle owned by the offender and used in the
offense.
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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.
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2nd or subsequent offender - 2 offenses within any 5-year period.
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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.
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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)
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Offender Status
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Sanction
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Time Period
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1st Offender
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None**
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2nd offender (2 within 10 years or 1st offense was NHI or GBH OWI)
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None**
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3rd or subsequent (3 or more in lifetime)
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IID
restriction for Class D operation on occupational license if the court
ordered a vehicle owned by the offender equipped with an IID.
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Duration
of occupational license
|
|
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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.
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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.”
| ||
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Ignition Interlock
Devices (IID)
For violations committed September 30, 2001 - December 31, 2001
resulting in a conviction
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Offender Status
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Sanction
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Time Period
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1st Offender
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None**
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|
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2nd offender (2 within 10 years or 1st offense was NHI or GBH OWI -
but none within 5 years of another)
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None**
|
|
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3rd or subsequent offender (3 or more in lifetime - but none within 5 years of
another)
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IID
restriction for Class D operation on occupational license if the court
ordered a vehicle owned by the offender equipped with an IID.
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Duration
of occupational license
|
|
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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.
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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.
|
|
2nd 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.
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Duration
of occupational license
|
|
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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 (IIDFor violations committed January 1, 2002 and after resulting in a
conviction
| ||
|
Offender Status
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Sanction
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Time Period
|
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1st Offender
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None**
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|
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2nd or subsequent offender - but none within 5 years of another
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IID
restriction for Class D operation on occupational license if the court
ordered a vehicle owned by the offender equipped with an IID.
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Duration
of occupational license
|
|
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Court
may order IID as restriction on Class D driving privilege.
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Not
less than 1 year nor more than the maximum revocation period for the offense.
|
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2nd or subsequent offender - 2 offenses within any 5-year period.
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IID
restriction for Class D operation on occupational license if the court
ordered all vehicles owned by person equipped with an IID.
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Duration
of occupational license
|
|
|
Court
may order IID as a restriction on Class D driving privilege.
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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 2nd offenders may perform 15 hours of community service in
lieu of 5 days in jail. Effective 9/30/01, 2nd offenders must
perform 30 hours of community service in order to avoid jail-time.