2023 - 2024 LEGISLATURE
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2023 ASSEMBLY BILL 167
April 10, 2023 - Introduced by Representatives MURPHY, TUSLER, DONOVAN and
ROZAR, cosponsored by Senator JACQUE. Referred to Committee on Criminal
Justice and Public Safety.
1 AN ACT to repeal 165.957 (4) (b) 2m., 343.10 (5) (a) 2. and 3., 343.10 (7) (cm),
2 343.301 (1g) (am), 343.301 (1m), 343.305 (8) (d), 343.32 (1m) (b) 1., 2. and 3. and
3 961.50 (1) (a), (b) and (c); to renumber and amend 343.10 (2) (e), 343.10 (2)
4 (f), 343.10 (5) (a) 1., 343.301 (1g) (a), 343.305 (8) (am), 343.32 (1m) (b) (intro.),
5 347.50 (1s), 351.07 (1) and 961.50 (1) (intro.); to amend 110.10 (4m), 165.957
6 (3) (a), 165.957 (4) (a) 2., 165.957 (4) (b) 1., 165.957 (4) (b) 2., 303.08 (10r), 340.01
7 (46m) (c), 343.10 (1) (a), 343.10 (2) (a) (intro.), 343.10 (5) (b), 343.165 (5), 343.21
8 (1) (k), 343.28 (1), 343.30 (1q) (b) 2., 343.30 (1q) (b) 3., 343.30 (1q) (b) 4., 343.30
9 (1q) (h), 343.301 (title), 343.301 (3), 343.301 (4), 343.301 (5), 343.305 (8) (a),
10 343.305 (9) (a) (intro.), 343.305 (10) (b) 2., 343.305 (10) (b) 3., 343.305 (10) (b)
11 4., 343.305 (10) (em), 343.305 (10m), 343.31 (1m) (b), 343.31 (1m) (c), 343.31 (3)
12 (bm) 2., 343.31 (3) (bm) 3., 343.31 (3) (bm) 4., 343.31 (3m) (a), 343.31 (3m) (b),
13 347.413 (1), 347.413 (3), 347.50 (1t), 351.07 (title), 351.07 (1g), 351.07 (2),
14 940.09 (1d) and 940.25 (1d); to repeal and recreate 343.301 (2m); and to
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ASSEMBLY BILL 167
1 create 343.01 (2) (bg), 343.03 (3) (br), 343.10 (1) (c), 343.105, 343.105 (1) (d),
2 343.105 (1) (e) 2., 343.305 (8) (am) 2. and 3., 343.305 (9) (a) 7. and 8. and 351.07
3 (1) (b) of the statutes; relating to: motor vehicle operators licenses restricting
4 operators to the use of motor vehicles equipped with ignition interlock devices
5 and providing a penalty.
Analysis by the Legislative Reference Bureau
This bill creates an ignition interlock restricted driver's license (IIRL).
Under current law, no person may drive or operate a motor vehicle while under
the influence of an intoxicant or drug, with a prohibited alcohol concentration, or
with a measurable amount of a controlled substance in his or her blood (OWI). A
person who does so is subject to penalties that increase, in terms of forfeitures or fines
assessed, periods of imprisonment imposed, and periods of time during which the
person's privilege to operate a motor vehicle is suspended or revoked, with each
subsequent offense. Current law allows most OWI offenders, after a waiting period
that increases with each subsequent OWI offense, to apply for an occupational
license that allows the person to operate a motor vehicle for certain limited activities
and within certain limited geographic boundaries.
Under current law, a law enforcement officer who arrests a person for an OWI
offense may request that the person take a chemical test to determine the amount
of alcohol in his or her blood or breath. Under certain other limited circumstances,
the officer may request the person to take the test before he or she is arrested. If the
person refuses to take the test, the officer takes possession of the person's driver's
license and issues the person a notice that the Department of Transportation will
revoke the person's driving privilege for a minimum of one year and a maximum of
three years, depending on how many prior OWI offenses the person has committed.
Under current law, refusing to take a chemical test is counted as an OWI offense.
If the person takes the test and the test indicates that the person has committed an
OWI, the officer takes possession of the person's driver's license and DOT
administratively suspends the person's operating privilege for six months.
A person whose operating privilege is administratively suspended or revoked
may, within 10 days, submit a written request for DOT to review his or her
administrative suspension or revocation. A person whose operating privilege is
administratively suspended for failing a chemical test may apply for an occupational
license immediately. A person whose operating privilege is administratively revoked
for refusing a test may apply for an occupational license after 30 days for a first OWI
offense, after 90 days after a second OWI offense, and after 120 days after a third or
subsequent OWI offense. However, if the person has committed two or more OWI
offenses within five years, current law requires him or her to wait 12 months before
he or she may apply for an occupational license. Current law also requires DOT to
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ASSEMBLY BILL 167
administratively suspend or revoke a person's operating privilege when it receives
notification that a person has been convicted of committing certain OWI-related
offenses in this state or in another state or on tribal land. The periods of suspension
or revocation and the waiting periods for each offense vary but generally increase
with the seriousness of the offense and the number of prior OWI offenses the person
has committed.
In addition to the administrative suspension for failing a test and the
administrative revocation for refusing a test, when a person is convicted of an OWI
offense, the convicting court orders the person's operating privilege be revoked. The
length of time for a court-ordered revocation increases with each subsequent OWI
offense, as does the waiting period before the person may apply for an occupational
license. In general, a person who commits a first OWI offense may apply for an
occupational license immediately, and a person with prior OWI offenses may apply
after 45 days, unless he or she has committed two or more OWI offenses within five
years, in which case the person must wait 12 months before he or she may apply for
an occupational license.
Under current law, a court must order a person's motor vehicle operating
privilege be restricted to operating vehicles that are equipped with an ignition
interlock device (IID) when a person is convicted of a second or subsequent OWI
offense or a first OWI offense while his or her alcohol concentration is 0.15 or greater,
refuses to take a test for intoxication, or injures or kills a person while operating a
vehicle while intoxicated.
Under current law, the operating privilege restriction stays in place for not less
than one year nor more than the maximum operating privilege revocation period
permitted for the refusal or violation. A person who violates a court order to install
an IID by failing to install, removing, disconnecting, or otherwise tampering with the
IID may be fined not less than $150 nor more than $600, imprisoned for not more
than six months, or both, for the first offense and may be fined not less than $300 nor
more than $1,000, or imprisoned for not more than six months, or both, for a second
or subsequent offense.
This bill creates a license called an ignition interlock restricted license. Under
the bill, an IIRL permits a person to operate a motor vehicle only if the motor vehicle
is equipped with an IID. An IIRL does not impose any geographic limitations, and
the person may operate the vehicle for any purpose.
Under the bill, a person who commits a first OWI offense while his or her alcohol
concentration is below 0.15 (first offender) and a person who either fails a chemical
test or refuses a test has the option of applying for an occupational license or an IIRL.
A first offender may be eligible for an IIRL at any time, but if he or she opts for an
occupational license, he or she is not eligible to receive that license until 45 days have
passed from the time of the conviction.
A person who fails a chemical test and whose operating privilege is
administratively suspended may be eligible for an IIRL immediately, if he or she
waives his or her right to an administrative hearing on the propriety of the test, and
may be eligible for an occupational license 45 days after his or her arrest. If the
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ASSEMBLY BILL 167
person requests an administrative hearing and he or she does not prevail at the
hearing, he or she may be eligible for an IIRL 15 days after the hearing.
Under the bill, a person whose operating privilege is administratively revoked
for improperly refusing a test may be eligible for an IIRL after 30 days and,
depending on whether the person has prior OWI convictions or offenses, may be
eligible for an occupational license after a waiting period ranging from 45 days for
a first offender to 120 days for a person with more than three OWI convictions or
offenses.
Under the bill, except for a first offender, anyone who is convicted of or found
to have committed an OWI offense is not eligible for an occupational license but may
operate a vehicle only under an IIRL. If a person who was eligible for either an
occupational license or an IIRL before he or she was convicted of the offense had
opted for an IIRL, the person gets credit for the number of days he or she was licensed
under the IIRL. Under the bill, the IIRL is in effect for at least one year and remains
in effect until any applicable license revocation or operating privilege restriction for
the OWI expires.
Under the bill, in order to obtain an IIRL, the person must demonstrate to DOT
that any applicable waiting period has passed, that the person has equipped one or
more of his or her vehicles with a functioning IID that is approved by DOT, that the
person has complied or is complying with any court-ordered assessment and driver
safety plan, and that he or she has paid the required fee to DOT.
Under the bill, a person who operates a vehicle that is not equipped with an IID,
in violation of his or her restricted operating privilege, may be fined not less than
$500 nor more than $1,200, or imprisoned for not more than six months, or both, for
the first offense. For a second or subsequent conviction, the person may be fined not
less than $600 nor more than $2,000, or imprisoned for not more than six months,
or both. In addition, the person's operating privilege is restricted for an additional
six months for each violation.
Because this bill creates a new crime or revises a penalty for an existing crime,
the Joint Review Committee on Criminal Penalties may be requested to prepare a
report.
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
1 SECTION 1. 110.10 (4m) of the statutes is amended to read:
2 110.10 (4m) Requiring ignition interlock device providers operating in this
3 state to accept, as payment in full for equipping a motor vehicle with an ignition
4 interlock device and for maintaining the ignition interlock device, the amount
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ASSEMBLY BILL 167 SECTION 1
1 specified by the department under s. 343.301 (3) (b) or ordered by the court under s.
2 343.301 (3) (b), 2021 stats., if applicable.
3 SECTION 2. 165.957 (3) (a) of the statutes is amended to read:
4 165.957 (3) (a) A standard for frequent testing for the use of alcohol or a
5 controlled substance that is an alternative to the testing described in sub. (4) (b) 1.
6 This paragraph does not apply to testing required pursuant to an order under s.
7 343.301 (1g) (am) 2. that a court imposes on a person who meets the criteria under
8 s. 343.301 (1g) (a) 2. b.
9 SECTION 3. 165.957 (4) (a) 2. of the statutes is amended to read:
10 165.957 (4) (a) 2. The person agrees to totally abstain from using alcohol or a
11 controlled substance while he or she is released on bond, on release under s. 969.01
12 (1), on probation, participating in a deferred prosecution agreement, or on parole or
13 extended supervision and agrees to participate in the program even though his or her
14 participation is not ordered by a judge or by the department of corrections as a
15 condition of bond, release pursuant to s. 969.01 (1), probation or deferred
16 prosecution, or release to parole or to extended supervision. This subdivision does
17 not apply to any person who meets the criteria under s. 343.301 (1g) (a) 2. b. and who
18 is subject to an order under s. 343.301 (1g) (am) 2.
19 SECTION 4. 165.957 (4) (b) 1. of the statutes is amended to read:
20 165.957 (4) (b) 1. Except as provided in subd. 2. or 2m., the program requires
21 participants to be tested for the use of alcohol at least twice daily, at approximately
22 12-hour intervals, or for the use of a controlled substance as frequently as
23 practicable.
24 SECTION 5. 165.957 (4) (b) 2. of the statutes is amended to read:
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ASSEMBLY BILL 167 SECTION 5
1 165.957 (4) (b) 2. If the standard for frequent testing described in subd. 1.
2 creates an unreasonable hardship for the county administering the program, the
3 program may utilize the standard established by the department of justice under
4 sub. (3) (a). This subdivision does not apply to any person who meets the criteria
5 under s. 343.301 (1g) (a) 2. b. and who is subject to an order under s. 343.301 (1g) (am)
6 2.
7 SECTION 6. 165.957 (4) (b) 2m. of the statutes is repealed.
8 SECTION 7. 303.08 (10r) of the statutes is amended to read:
9 303.08 (10r) The sheriff may not permit a prisoner whose operating privilege
10 for the operation of “Class D" vehicles is restricted to operating vehicles that are
11 equipped with an ignition interlock device under s. 343.301 (1g), 2021 stats., to leave
12 the jail under sub. (1) unless, within 2 weeks after the court issues an order under
13 s. 343.301 (1g) (am) 1., 2021 stats., or the person's operating privilege is restricted
14 under s. 343.301 (1g) (am) 2., 2021 stats., the person submits proof to the sheriff that
15 an ignition interlock device has been installed in each motor vehicle to which the
16 order applies. If the prisoner's operating privilege is restricted pursuant to s.
17 343.301 (1g) and the person intends to operate a motor vehicle, the sheriff may not
18 permit the person to leave the jail under sub. (1) unless the person submits proof to
19 the sheriff that an ignition interlock device has been installed in each motor vehicle
20 the person operates.
21 SECTION 8. 340.01 (46m) (c) of the statutes is amended to read:
22 340.01 (46m) (c) If the person is subject to an order under s. 343.301, 2021
23 stats., if the person's operating privilege is restricted pursuant to s. 343.301 (1g), or
24 if the person has 3 or more prior convictions, suspensions or revocations, as counted
25 under s. 343.307 (1), an alcohol concentration of more than 0.02.
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ASSEMBLY BILL 167 SECTION 9
1 SECTION 9. 343.01 (2) (bg) of the statutes is created to read:
2 343.01 (2) (bg) “Ignition interlock restricted license" means an operator's
3 license, issued in accordance with s. 343.105, that permits the holder to operate only
4 motor vehicles that are equipped with a functioning ignition interlock device that is
5 approved by the department.
6 SECTION 10. 343.03 (3) (br) of the statutes is created to read:
7 343.03 (3) (br) Ignition interlock restricted license. A license issued under s.
8 343.105 authorizing only the operation of motor vehicles that are equipped with a
9 functioning ignition interlock device that is approved by the department shall be
10 labeled “Ignition Interlock Restricted License." An ignition interlock restricted
11 license may be subject to restrictions in addition to those provided in s. 343.105.
12 SECTION 11. 343.10 (1) (a) of the statutes is amended to read:
13 343.10 (1) (a) If Except as provided in par. (c), if a person's license or operating
14 privilege is revoked or suspended under this chapter or s. 767.73, 938.34 (14q),
15 943.21 (3m), or 961.50 and if the person is engaged in an occupation, including
16 homemaking or full-time or part-time study, or a trade making it essential that he
17 or she operate a motor vehicle, the person, after payment of the fee provided in sub.
18 (6), may file an application with the department setting forth in detail the need for
19 operating a motor vehicle. No person may file more than one application with respect
20 to each revocation or suspension of the person's license or operating privilege under
21 this chapter or s. 767.73, 938.34 (14q), 943.21 (3m), or 961.50, except that this
22 limitation does not apply to an application to amend an occupational license