Resource Center on Impaired Driving

Recently Enacted Legislation

Below is a brief summary of recently enacted legislation pertinent to traffic safety.  The acts are arranged chronologically according to the date of enactment.  For further information, or to view the acts in their entirety, go to http://www.legis.state.wi.us
 

          Note:  Any legislative changes that affect penalties, surcharges, etc., can be found in the Bond Book online.

                     Full text of the Bond Book:  www.wicourts.gov/about/pubs/index.htm 

2007 Wisconsin Act 111  Read the Act

This Act amends the law relating to the penalty imposed on repeat drunken driving offenders.  The Act creates a higher penalty for 7th and subsequent OWI offenses.  It also increases the OWI surcharge from $355 to $365, which represents an increase to the county of conviction, the State, and the Safe-Ride Program.

The statutes are amended as follows:

Sec. 346.65(2)(am)5:
5th and 6th Offenses= Class H Felony
Fine not less than $600 nor more than $10,000, imprisonment for not less than 6 months nor more than 6 years, or both.

Sec. 346.65(2)(am)6:
7th – 9th Offenses = Class G Felony
Fine not to exceed $25,000, imprisonment not to exceed 10 years, or both. 

Sec. 346.65(2)(am)7:
10th and subsequent offenses = Class F Felony
Fine not to exceed $25,000, imprisonment not to exceed 12 years and 6 months, or both. 

Note: Under Sec. 346.65(2c), the time period shall be measured from the dates of the refusals or violations that resulted in the revocation or conviction.  Effective date: April 2, 2008

2005 Wisconsin Act 411  Read the Act

This act creates s. 346.675, which imposes liability upon the owner of a vehicle operated in the commission of a failure-to-stop violation under s. 346.67(1), 346.68 or 346.69.   Under this act, if within 72 hours of receiving a report from a person who observed a failure-to-stop violation, an officer investigates the violation, verifies certain information, and determines there is probable cause to believe that a violation has occurred, he or she may prepare a uniform traffic citation and serve it upon the owner of the vehicle being operated in the commission of the violation.  An owner has a defense to liability if: (1) a report that the vehicle was stolen was given to an officer before the violation occurred or within a reasonable time after the violation occurred; or (2) the owner provides an officer with the name and address of the person operating the vehicle at the time of the violation and sufficient information to determine that probable cause does not exist to believe that the owner was operating the vehicle at the time of the violation.   An owner may also avoid liability if the vehicle operator has been convicted of the failure-to-stop violation.  (Lessors and dealers of vehicles are provided similar defenses under this act.)   A vehicle owner found liable may be required to forfeit not more than $100 for striking an unattended vehicle or property and not more than $1,000 for striking a person or occupied vehicle.  Effective date: June 3, 2006.

2005 Wisconsin Act 412  Read the Act

This act creates s. 343.05(5)(b)3, which provides penalties applicable to people who cause property damage, injury, or death while operating a vehicle without a valid driver’s license or after suspension, revocation or cancellation of an operating privilege.  Under this act, a person who operates a motor vehicle knowingly without a valid license or knowingly with a license that has been revoked, suspended, or canceled, and causes damage to another’s property is subject to a $1,000 forfeiture.  If a person causes injury to another person, the forfeiture amount is increased to $5,000.  Finally, if a person causes great bodily harm or death to another person, he or she is guilty of a Class A misdemeanor.   This act applies to violations that occur on or after June 3, 2006.

2005 Wisconsin Act 413  Read the Act

This act creates Wis. Stat. § 343.305(3)(ar), which provides that if a person is the operator of a vehicle that is involved in an accident that causes death or great bodily harm to another person, and an officer detects any presence of alcohol, a controlled substance, a controlled substance analog or other drug, or a combination thereof, the officer may request the operator to provide one or more samples of his or her breath, blood, or urine, for the purpose of determining the presence or quantity of any of the above-named substances.    If a person refuses to take a test, he or she may be arrested under s. 343.305(3)(a) for a violation of s. 343.305(3)(ar).  Effective date:  June 3, 2006.

2005 Wisconsin Act 332  Read the Act

This act amends the law relating to discovery in implied consent cases and in certain prosecutions for alcohol beverage violations.  Specifically, the act creates s. 125.14(6)(b), which prohibits either party’s use of pretrial discovery in refusal hearings and in any prosecution for a violation of ch. 125, Stats. that may result in a forfeiture.  The statute provides an exception if defendant moves within 30 days after the initial appearance in person or by an attorney and shows cause therefore, the court may order the defendant be allowed to inspect documents, including lists of names and addresses of witnesses, if available, and to test any devices (under conditions prescribed by the court) used to determine whether a violation has been committed.  This act applies to violations committed or refusals occurring on or after April 29, 2006.

2005 Wisconsin Act 294  Read the Act

This act changes the penalty for persons who violate operating restrictions under an instruction permit (s. 343.07(7)) or a probationary license (s. 343.085(6)).  Under this act, a person who violates the operating restrictions of a probationary license or instruction permit must forfeit $50 for a first offense and not less than $50 nor more than $100 for each subsequent offense.  In addition, DOT must provide notice of the conviction to any adult sponsor of the person.  This act applies to violations committed on or after August 1, 2006.

2005 Wisconsin Act 317  Read the Act

This act increases the forfeiture amount for absolute sobriety violations from $10 to $200 under s. 346.65(2q).  If a minor under the age of 16 is in the vehicle at the time of the offense, the forfeiture amount is increased from $20 to $400.  While the period of license suspension remains the same, DOT is now required to assess four demerit points for each violation under s. 343.32(2)(bj).  Effective date: April 21, 2006.

2005 Wisconsin Act 190  Read the Act

This act grants exclusive jurisdiction to municipal courts in proceedings against juveniles 12 years of age or over, but under the age of 16, for municipal traffic ordinance violations.  This act applies to violations of municipal ordinances that occurred on or after April 7, 2006.

2005 Wisconsin Act 193  Read the Act

This act renumbers s. 347.385 and amends it as s. 347.385 to allow authorized emergency vehicles to be equipped and operated with lamps designed and used with any other transmitter designed and used to activate emergency preemption devices.  These are devices on a traffic control signal that permit an approaching vehicle to alter the normal sequence of the signal to provide or maintain a green light for an emergency vehicle.  Under this act, a person is prohibited from operating a motor vehicle, other than an authorized emergency vehicle, that is equipped with a transmitter that emits a signal for the purpose of activating an emergency preemption device.  A person convicted of such an offense is subject to a fine not to exceed $10,000 or imprisonment for not more than one year, or both.  The act also prohibits the use of a transmitter in an authorized emergency vehicle except under specified emergency circumstances.  Anyone convicted of this offense is punishable by a forfeiture of not less than $10 nor more than $200.  Effective date:  April 7, 2006.
 

2005 Wisconsin Act 106  Read the Act

Under this act, s. 347.48(4)(am) is amended to require any child between the ages of 4 and 8 to be secured in a booster seat while traveling in a motor vehicle.  Children who weigh more than 80 pounds and are more than 4-feet 9-inches tall are exempt from this requirement.  Children who cannot be placed in a booster seat because of a physical or medical condition or body size may also be exempt.   In addition, the act allows drivers to be cited for having unbelted passengers of any age in their vehicle under s. 347.48(2m).  While the effective date of this act was June 1, 2006, there is a 6-month written warning grace period for any violations.
 

2005 Wisconsin Act 25 (effective July 27, 2005)  Read the Act

The new law relating to first offense OAR creates a new section, s. 343.44 (2)(as), Stats., that reduces the offense for OAR from a criminal to a civil offense, unless:  (a) the individual had been convicted of operating after revocation within the preceding five-year period; or (b) the license revocation resulted from an offense of operating under the influence of an intoxicant or other drug, or of operating a commercial motor vehicle with an alcohol concentration between 0.04% and 0.08%.  The penalty for a civil offense under this new act is a forfeiture of not more than $250.00.  The changes first apply to violations occurring after the effective date of the bill, July 27, 2005.