Operation of a motor vehicle while under the influence of an intoxicant and providing a penalty

or if the person has a second conviction, suspension, or revocation for OWI within any period and had an alcohol concentration of 0.16 or greater at the time of the current offense.

2. The bill requires the court, if it orders the installation of an ignition interlock device, to determine the income of the violator, and if the violator's income is less than the income limit for the Wisconsin Works program to reduce the amount of the fine imposed by the amount necessary to pay for the installation and maintenance of the ignition interlock device.

3. The bill prohibits the company that equips a motor vehicle with an ignition interlock device from removing the device or terminating the contract for the maintenance of the device during the period that the court ordered without first receiving the court's permission.

4. The bill increases the penalties for OWI as follows:

a. The penalty for a third OWI offense is currently a fine of $600 to $2,000 and imprisonment of 30 days to one year in jail. Under the bill if the person has a third OWI-related conviction, suspension, or revocation within a five-year period, the current offense is a Class I felony and creates a minimum fine of $600 and a minimum imprisonment of 60 days.

b. The penalty for a fourth OWI offense is currently a fine of $600 to $2,000 and imprisonment of 60 days to one year in jail. The bill makes the fourth OWI offense a Class I felony and creates a minimum fine of $600 and a minimum imprisonment of 60 days.

5.

2005 Wisconsin Act 389 created a pilot program for sentencing persons in Winnebago County who are convicted of certain second or third offenses involving OWI. Under that act, the period of imprisonment for an OWI offense in Winnebago County may be reduced if the violator successfully completes a period of probation that includes alcohol and other drug treatment. A person may complete a treatment program and receive a reduced period of imprisonment only once. This bill expands the sentencing option to any county that opts to allow a violator to successfully complete a period of probation that includes alcohol and other drug treatment in exchange for a shorter period of imprisonment.

6. Currently, a person who commits his or her first OWI offense and who has a prohibited alcohol concentration between 0.08 and 0.99 at the time of the offense is not liable for penalty surcharges or court fees and does not need to comply with an alcohol or other drug assessment program. Further, the Department of Transportation (DOT) must purge its records of a first OWI offense after ten years;

DOT keeps all other records of OWI offenses permanently.

Under this bill, a person who commits his or her first OWI offense and who has a prohibited alcohol concentration between 0.08 and 0.99 at the time of the violation is liable for the surcharges or fees and must comply with an alcohol or other drug assessment program before his or her driving privileges may be reinstated. Under this bill, DOT must keep a record of this offense permanently.

The bill requires the Judicial Council to establish advisory sentencing guidelines for OWI offenses and make those guidelines and any revisions available to judges and attorneys at least annually.

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 concerning the proposed penalty and the costs or savings that are likely to result if the bill is enacted.