1999 Wis. Act 109 -- Alcohol Offense Bill
Effective January 1, 2001
(unless otherwise stated)
| VEHICLE
SEIZURE |
| Clarifies that only a vehicle driven in a drunk driving
incident and owned by the offender may be taken by the state,
consistent with the Wisconsin Supreme Court's decision in State
v. Konrath, 218 Wis. 2d 290 (1998). |
| Eliminates mandatory vehicle seizure on fourth offense OWI and
makes all seizure permissive on third offense and above.
Effective July 1, 1999. |
| Eliminates the requirement that all vehicle titles be taken to
the clerk of courts and stamped, and requires only the
title for the vehicle involved in fourth and subsequent offense OWI
be stamped and subject to a title stop prohibiting
transfer. |
| The county where a drunk driving offense or refusal is
committed may be the venue for a seizure proceeding. |
| OWI
PENALTIES |
| Increases the minimum fine for second offense drunk
driving from $300 to $350 and the maximum from $1000 to $1100. |
| Based on higher BAC ranges for repeat offenders.
The bill calls for such incremental penalties only on third
offense and above. |
OWI BAC BASED PENALTIES FOR REPEAT OFFENDERS UNDER ACT 109 |
| BAC |
Fine |
| Below .17 |
$600-$2000 (Doubled if there is a minor in the vehicle) |
| .17 to .199 |
Twice the .17 fine
$1200-$4000 |
| .20 to .249 |
Three times the .17 fine
$1800-$6000 |
| .25 and above |
Four times the .17 fine
$2400-$8000 |
| ABSOLUTE SOBRIETY FOR
REPEAT OFFENDERS |
| Current Law |
| -First and second offenses - .10 prohibited alcohol
concentration (PAC) |
| -Third and subsequent offenses - .08 PAC |
| |
| New Law |
| -First and second offenses - .10 PAC |
| -Third offense - .08 PAC |
| -Fourth and subsequent offenses - .02 PAC |
| OTHER
MISCELLANEOUS PROVISIONS |
| Drivers who lack the ability to pay OWI fines must perform
community service to pay off the debt. |
| Huber and prisoner work release laws require assessment and
compliance with a driver safety plan as a condition of
release. |
| WISDOT will maintain records of OWI offenses permenantly. |
| Increases the driver improvement surcharge from $340 to $345 to
help fund programs. |
| Local municipalities to decide whether to require an appearance
for first offense OWI. (No longer mandatory at state level, but
municipalities can require it.) |
| Departments of Transportation, Corrections, and Health and
Family Services to study treatment programs and alternatives to
incarceration for OWI offenders and ignition interlocks. |
