Drunk driving law changes

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Drunk driving law changes

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Summary:

All operating while intoxicated (OWI) offenders - new offenses:

OWI surcharge increases by $10 from $345 to $355.

OWI repeat offenders (includes OWI-type offenses counted under 343.307) - new offenses, but taking into account prior convictions in offenders’ driver history).

For the 2nd conviction, with respect to imprisonment, the court shall ensure that the person is imprisoned for not less than 5 days or ordered to perform not less than 30 days of community service work
Creation of 2 vehicle sanction penalty schemes and 2 occupational license eligibility standards for repeat offenders
Any driver with 2 OWI offenses in any 5 year period are:

Subject to immobilization or ignition interlock requirements on all vehicles for which their name appears on the title or registration

Not eligible for an occupational license for one year

For all other repeat offenders, occupational license eligibility and vehicle sanctions remain substantially the same.

Seizure

Vehicle seizure remains the same. 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. All other vehicles for which the offender’s name appears on the title or registration shall be immobilized or equipped with ignition interlock devices (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."

Immobilization
For violations committed before September 30, 2001 resulting in a conviction

Offender status	Sanction	Time period	Wis. Statute
1st and 2nd	None
3rd or subsequent (3 or more in lifetime).	Court shall 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.	Not more than the period the offender’s operating privilege was revoked. The time-period starts on the date of revocation for the offense and is based on the actual ordered period of revocation vs. the maximum revocation period for the offense.	343.305(10m) 346.65(6)(a)1 346.65(6)(m)
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.”			346.65(6)(a)1

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Immobilization
For violations committed September 30, 2001 - December 31, 2001 resulting in a conviction

Offender status	Sanction	Time period	Wis. Statute
1st	None
2nd (2 within 10 years or 1st offense was negligent homicide intoxicated (NHI) or great bodily harm (GBH) OWI - but none within 5 years of another).	None
3rd or subsequent (3 or more in lifetime - but none within 5 years of another).	Court shall 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.	Not more than the period the offender’s operating privilege was revoked. The time-period starts on the date of revocation for the offense and is based on the actual ordered period of revocation vs. the maximum revocation period for the offense.	343.305(10m) 346.65(6)(a)1 346.65(6)(m)
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.”			346.65(6)(a)1
2nd or subsequent (2 offenses within any 5-year period.)	All vehicles for which the offender’s name appears on the title or registration shall be immobilized unless they were ordered equipped with IID or ordered seized.	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.	343.301(2)(b) 343.305(10m)
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.			343.301(2)(a)

Immobilization
For violations committed January 1, 2002 and after resulting in a conviction

Offender status	Sanction	Time period	Wis. Statute
1st offender	None
2nd or subsequent (2 within 10 years or 1st offense was NHI or GBH OWI, but none within 5 years of another).	Court may order immobilization of the vehicle owned by the offender and used in the offense.	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.	343.301(2)(a)1 343.305(10m)(a)
2nd or subsequent offender - 2 offenses within any 5-year period.	All vehicles for which the offender’s name appears on the title or registration shall be immobilized unless they were ordered equipped with IID or ordered seized.	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.	343.301(2)(a)2 343.305(10m)(b)
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.			343.301(2)(a)2

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Ignition interlock devices (IID)
For violations committed before September 30, 2001 resulting in a conviction

Offender status	Sanction	Time period	Wis. Statute
1st or 2nd	None**
3rd or subsequent (3 or more in lifetime).	IID restriction for Class D operation on occupational license if the court ordered a vehicle owned by the offender equipped with an IID.	Duration of occupational license.	343.10(5)(a)3
	Court shall order IID on the vehicle owned by the person and used in the offense if the vehicle used in the offense wasn’t ordered seized and if a vehicle owned by the offender wasn’t ordered immobilized.	Not more than 2 years more than the period the offender’s operating privilege was revoked. (this language will be repealed 1/1/02) The time period starts on the date of revocation for the offense and is based on the actual ordered period of revocation vs. the maximum revocation period for the offense.	346.65(6)(a)1 346.65(6)(m) 343.305(10m)
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.”			346.65(6)(a)1

Ignition interlock devices (IID)
For violations committed September 30, 2001 - December 31, 2001 resulting in a conviction

Offender status	Sanction	Time period	Wis. Statute
1st	None**
2nd (2 within 10 years or 1st offense was NHI or GBH OWI - but none within 5 years of another).	None**
3rd or subsequent (3 or more in lifetime but none within 5 years of another).	IID restriction for Class D operation on occupational license if the court ordered a vehicle owned by the offender equipped with an IID.	Duration of occupational license.	343.10(5)(a)3
	Court shall order IID on the vehicle owned by the person and used in the offense if the vehicle used in the offense wasn’t ordered seized and if a vehicle owned by the offender wasn’t ordered immobilized.	Not more than 2 years more than the period the offender’s operating privilege was revoked. (this language will be repealed 1/1/02) The time-period starts on the date of revocation for the offense and is based on the actual ordered period of revocation vs. the maximum revocation period for the offense.	346.65(6)(a)1 346.65(6)(m) 343.305(10m)
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.”			346.65(6)(a)1
2nd or subsequent (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.	Duration of occupational license.	343.10(5)(a)3
	Operation of Class D vehicles is restricted to vehicles equipped with an IID. All vehicles for which the offenders name appears on the title or registration shall 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.	343.301(1)(a) 343.301(1)(b) 343.305(10m)
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.			343.301(1)(a)

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Ignition interlock devices (IID)
For violations committed January 1, 2002 and after resulting in a conviction

Offender status	Sanction	Time period	Wis. Statute
1st	None**
2nd or subsequent - but none within 5 years of another.	IID restriction for Class D operation on occupational license if the court ordered a vehicle owned by the offender equipped with an IID.	Duration of occupational license.	343.10(5)(a)3
	Court may order IID as restriction on Class D driving privilege.	Not less than 1 year nor more than the maximum revocation period for the offense.	343.301(1)(a)1 343.301(1)(b)1 343.305(10m(a)
2nd or subsequent (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.	Duration of occupational license.	343.10(5)(a)3
	Court may order IID as a restriction on Class D driving privilege.	Not less than 1 year nor more than the maximum revocation period for the offense.	343.301(1)(a)1
	Operation of Class D vehicles is restricted to vehicles equipped with an IID. All vehicles for which the offenders name appears on the title or registration shall 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.	343.301(1)(a)2 343.301(1)(b)2
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.			343.301(1)(a)2

**The Division of Motor Vehicles (DMV) will place the restriction on the occupational license privilege whenever the court orders it. See Trans 117.04(5)(a)2. PDF

Occupational license eligibility

OWI offenders with 2 or more offenses within any five-year period are eligible for an occupational license one year from the date of revocation for the offense. Current eligibility criteria apply to multiple offenders with offenses that are not within any five-year period. The Act 109 provisions that change on 1/1/02 do not make any changes in the occupational licensing.

For violations committed before September 30, 2001 resulting in a conviction

Offender status	Occupational license eligibility*	Wis. Statute
1st OWI	Immediately	343.30(1q)(b)2 343.31(3)(bm)2
2nd OWI (2 within 10 years or 1st offense was NHI or GBH OWI).	60 days from the beginning date of revocation.	343.30(1q)(b)3 343.31(3)(bm)3
3rd or subsequent OWI offense (3 or more in lifetime).	90 days from the beginning date of revocation.	343.30(1q)(b)4 343.31(3)(bm)4
Any OWI offense causing injury (OII).	60 days from the beginning date of revocation.	343.31(3m)(b)
All OWI great bodily harm (GBH) OWI homicide (NHI).	120 days from the beginning date of revocation.	343.31(3m)(a)
1st refusal.	30 days from the beginning date of revocation.	343.305(10)(b)2
2nd refusal.	90 days from the beginning date of revocation.	343.305(10)(b)3
3rd & subsequent refusal.	120 days from the beginning date of revocation.	343.305(10)(b)4

For violations committed September 30, 2001 and after resulting in a conviction

Offender Status	Eligibility*	Wis. Statute
Same as above unless 2 or more OWI-type offenses occur within any 5 year period.	One year from date of revocation.	Same as above.

*Other driver record criteria may affect eligibility.

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Last modified: November 10, 2009

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0.08 Law in Wisconsin

Wisconsin statutes