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Bills from the 2011–12 session

Assembly Bill 405

Making fourth offense operating while intoxicated a felony and providing a penalty

Topics: Alcohol and other drug abuse, Crime and criminals: Felony, Drunken driving, Legislature: Criminal Penalties, Joint Review Committee on

Stopped in committee

It never got a ⁠, so it never came up for a vote. To try again, a lawmaker would have to start a new bill.

  1. Introduced, passed

    Dec 7, 2011

  2. Committee, stopped here

    Stopped here. No public hearing was held.

  3. Assembly vote, not reached

  4. Senate vote, not reached

  5. Governor, not reached

  6. Law, not reached

Latest entry in the official record, Mar 23, 2012: “Failed to pass pursuant to ⁠”

It never got a hearing in the Assembly Committee on Transportation. See every bill that never got a hearing this session.

Read the bill

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What it would have done

Summary by the , the Legislature's nonpartisan drafting office. It's their wording, not ours.

Under current law, a person who commits an offense relating to operating a vehicle while intoxicated or under the influence of a controlled substance (OWI) is subject to a forfeiture or fine and, for a second or subsequent offense, a period of imprisonment. Penalties increase with each subsequent conviction.

Currently, a person who commits a fourth OWI offense is guilty of a misdemeanor and may be fined between $600 and $2,000 and may be imprisoned for not less than 60 days nor more than one year unless the person committed an earlier OWI offense within five years prior to his or her fourth OWI offense. In that case, the person is guilty of a Class H felony and is subject to the same penalties as a person who commits a fifth or sixth OWI offense: a minimum fine of $600, a six-month minimum term of imprisonment, and a six-year maximum term of imprisonment.

Read the full summary

Current law also allows, if the sentencing court is in a county that provides a treatment-based sentencing option, a person who commits a second, third, or fourth OWI offense to receive a reduced minimum period of imprisonment if the person completes a probation period that includes alcohol and other drug treatment.

Under this bill, a person who commits a fourth OWI offense, regardless of the time elapsed since his or her last prior offense, is guilty of a Class H felony and subject to the same penalties as a person who commits a fifth or sixth OWI offense: a minimum fine of $600, a six-month minimum term of imprisonment, and a six-year maximum term of imprisonment. The bill eliminates, for a person who commits a fourth OWI offense, the option for a reduced period of imprisonment based on completing a period of probation that includes alcohol and other drug treatment.

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.

Who's behind it

9 lawmakers are its ⁠. 6 are Democrats and 3 are Republicans.

2 more lawmakers ⁠.

See all 11 names

Authors (9)

Signed on in support (2)

What it would cost

State agencies filed a . Each opens as a PDF from the Legislature.

How lawmakers voted

There was one vote on this bill. Taking a bill up right away needs two-thirds of the members, a higher bar than passing it, so that vote can draw more yeses than the final one.

Assembly vote to take it up right away

Failed, 39 to 58 · Mar 13, 2012

No member-by-member record exists for this vote. Committee votes and some older sessions record totals only.

Official motion: “Refused to suspend rules to withdraw from committee on Transportation and take up, Ayes 39, Noes 58”. Official record · This vote on its own page

What happened

  1. Mar 23, 2012

    The session ended, and the bill died with it.

  2. Jan 4, 2012

    A state agency sent in its estimate of the cost.

  3. Dec 27, 2011

    A state agency sent in its estimate of the cost.

  4. Dec 19, 2011

    A state agency sent in its estimate of the cost.

  5. Dec 16, 2011

    A state agency sent in its estimate of the cost.

  6. Dec 7, 2011

    Sent to the Assembly Committee on Transportation.

  7. Dec 7, 2011

    Introduced in the Assembly.

See the official record, word for word
  1. Dec 7, 2011 · Assembly

    Introduced by Representatives Staskunas, J. Ott, Jacque, Kerkman, Zepnick, Berceau, Bernard Schaber, Steinbrink and Richards;Cosponsored by Senators Carpenter and S. Coggs

  2. Dec 7, 2011 · Assembly

    Read first time and referred to committee on Transportation

  3. Dec 16, 2011 · Assembly

    Fiscal estimate received

  4. Dec 19, 2011 · Assembly

    Fiscal estimate received

  5. Dec 27, 2011 · Assembly

    Fiscal estimate received

  6. Jan 4, 2012 · Assembly

    Fiscal estimate received

  7. Mar 13, 2012 · Assembly

    Refused to suspend rules to withdraw from committee on Transportation and take up, Ayes 39, Noes 58

  8. Mar 23, 2012 · Assembly

    Failed to pass pursuant to Senate Joint Resolution 1

Terms on this page

Committee

A small group of lawmakers that looks at a bill first. Most bills never leave committee.

More in the glossary

Public hearing

A meeting where anyone can speak to a committee about a bill, or send written comments.

More in the glossary

Senate Joint Resolution 1

The session's calendar. Any bill not passed by its last voting day dies.

Official term: Failed to pass pursuant to SJR 1. More in the glossary

Legislative Reference Bureau

The Legislature's nonpartisan office that drafts bills and writes the summary at the top of each one.

Official term: LRB analysis. More in the glossary

Author

A lawmaker who formally puts a bill forward. The text itself is drafted by the Legislative Reference Bureau.

Official term: Author, coauthor. More in the glossary

Signed on in support

Lawmakers who back a bill without being one of its authors, often from the other chamber.

Official term: Cosponsor. More in the glossary

Cost estimate

A state agency's estimate of what a bill would cost or save.

Official term: Fiscal estimate. More in the glossary

Roll call

A vote where each lawmaker's yes or no is recorded by name.

Official term: Roll call vote. More in the glossary

From the Wisconsin Legislature's official record, checked Sep 15, 2026. See the source

Committee

A small group of lawmakers that looks at a bill first. Most bills never leave committee.

Public hearing

A meeting where anyone can speak to a committee about a bill, or send written comments.

Senate Joint Resolution 1

The session's calendar. Any bill not passed by its last voting day dies.

Official term: Failed to pass pursuant to SJR 1

Legislative Reference Bureau

The Legislature's nonpartisan office that drafts bills and writes the summary at the top of each one.

Official term: LRB analysis

Author

A lawmaker who formally puts a bill forward. The text itself is drafted by the Legislative Reference Bureau.

Official term: Author, coauthor

Signed on in support

Lawmakers who back a bill without being one of its authors, often from the other chamber.

Official term: Cosponsor

Cost estimate

A state agency's estimate of what a bill would cost or save.

Official term: Fiscal estimate

Roll call

A vote where each lawmaker's yes or no is recorded by name.

Official term: Roll call vote