Bills · 2009-2010 Regular Session

SB 66

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

Unfamiliar terms? Glossary

What this bill does

Plain-language analysis by the nonpartisan Legislative Reference Bureau

This bill makes numerous changes to the laws related to the operation of a

motor vehicle while under the influence of an intoxicant (OWI), including the

following:

1. Current law gives a court discretion to require the installation of an ignition

interlock device on a person's motor vehicle if the person committed an OWI offense

and has one or more prior convictions, suspensions, or revocations for OWI. Under

current law, if the person has two convictions, suspensions, or revocations for OWI

within any five-year period, the court is required to order the installation of an

ignition interlock device on a person's motor vehicle. This bill requires the court to

order the installation of a ignition interlock device on a person's motor vehicle if the

person has a third conviction, suspension, or revocation for OWI within any period;

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.

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

Fiscal estimates filed by state agencies, as official PDFs