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. |
