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2009 Wisconsin Act 100 summary
Wisconsin Act 100 strengthens Wisconsin's drunk driving laws. Provisions of Act 100 apply to violations that occur on or after July 1, 2010.
There are four main changes to existing law, including:
- A fourth offense Operating While Intoxicated (OWI) will be a felony if it occurs within five years of an earlier offense.
- Ignition interlocks devices (IIDs) will be required for repeat offenders and first-time offenders at or above a 0.15 blood alcohol level.
- A greater emphasis will be placed on treatment for drunk drivers, helping reduce repeat offenses.
- Increases first offense OWI to a misdemeanor if a child under 16 is in the vehicle.
Ignition interlock devices (IIDs)
- gnition Interlock Devices (IIDs) will be mandatory for the following convictions:
- ALL repeat OWIs
- ALL refusals
- ALL 1st offense OWI with an alcohol concentration of 0.15 or higher
- IIDs are required for every vehicle owned by or registered to the offender, unless the vehicle is specifically exempted by the court.
- IIDs must be ordered for a minimum of one year:
- For operating privilege, restriction begins when offender is issued an occupational license or reinstates operating privilege (cannot "wait out" IID anymore).
- For vehicles, courts may order the IID restriction to begin immediately.
- Failure to install, removal, disconnection, tampering or circumvention violations result in a six-month extension of IID.
- Establishes a Prohibitive Alcohol Concentration (PAC) of more than 0.02 for persons subject to an IID order for the duration of the IID order.
Impact on driver license revocation, reinstatement and occupational license
- The driver license revocation period is extended by the number of days to which a person is sentenced to jail or imprisonment. For example, if a 12 month license revocation is imposed, and 5 days in jail, a revocation of 370 days will result.
- The minimum waiting period for occupational license eligibility is reduced to 45 days, for 2nd / subsequent OWIs.
- If no occupational license is issued, proof of IID installation is required for all vehicles owned and registered, before DMV can reinstate the offender’s driver license (cannot "wait out" IID).
- The reinstatement fee for alcohol related offenses increases from $60 to $200.
Wisconsin DUI Law Highlights: BAC Levels and Implied Consent (Table 1)
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State
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"Per Se" BAC Level
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"Zero Tolerance" BAC Level
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Enhanced Penalty BAC Level
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"Implied Consent" Law
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| Wisconsin |
.08
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.00
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--
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Yes
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DEFINITIONS:
"Per Se" Blood Alcohol Concentration (BAC) Level
As of August 2005, all states have DUI laws that deem "per se intoxicated" any driver with a blood-alcohol concentration (BAC) at or above .08 percent. This means that drivers with a BAC at or above .08 are intoxicated in the eyes of the law, and no additional proof of driving impairment is necessary.
"Zero Tolerance" Blood Alcohol Concentration (BAC) Level
All states carry "zero tolerance" laws that target drivers under the legal drinking age. These laws penalize persons under 21 for operating a vehicle with any trace of alcohol in their systems (a BAC above 0.0), or with negligible BAC levels such as .01 or .02 percent.
"Enhanced Penalty" Blood Alcohol Concentration (BAC) Level
Many states impose harsher penalties on DUI offenders with a particularly high BAC at the time of the offense, typically .15 to .20 percent. DUI offenders with a BAC at or above their state's enhanced penalty standards will likely face additional jail time, harsher fines, and more severe driver's license sanctions.
"Implied Consent" Laws
"Implied consent" laws require vehicle drivers to submit to some form of chemical test, such as breath, blood, or urine testing, if suspected of DUI. If a driver refuses to submit to such testing, implied consent laws carry penalties such as mandatory suspension of a driver's license, usually for six months to a year.
Wisconsin DUI Law Highlights: Selected Penalties (Table 2)
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State
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Administrative License Suspension/Revocation (1st/2nd/3rd Offense)
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Mandatory Alcohol Education and Treatment/Assessment
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Vehicle Confiscation Possible?
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Ignition Interlock Device Possible?
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| Wisconsin |
6m/ 1y/ 2y
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Both - in limited circumstances
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3rd offense
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Yes
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Note: Persons arrested for DUI will be subject to additional criminal law penalties not addressed here -- including jail time, fines, and community service. Such criminal penalties are typically more discretionary than those identified in this chart, and are therefore more difficult to accurately predict. Generally speaking, first-time DUI offenders can expect to incur a fine, and face the possibility of jail time. Repeat DUI offenders will incur harsher fines, and will almost certainly be sentenced to a number of days in jail. Penalties will be harsher still if the DUI offender was involved in an accident in which someone else was injured or killed.
DEFINITIONS:
Administrative License Suspension/Revocation
The Administrative License Suspension/Revocation penalties indicated here refer to minimum mandatory penalties imposed on drivers whose BAC is above the state limit for intoxication, or drivers who refuse to submit to BAC testing. Administrative suspension or revocation of a driver's license is usually carried out by a state agency (such as a Department of Motor Vehicles), distinct from any criminal court penalties. Most states impose harsher penalties for second or third DUI offenses, typically defined as those that occur within five years of a prior DUI offense.
Note: the penalties identified here do not include variations for DUI offenders operating commercial vehicles, or drivers who have violated "zero tolerance" and "enhanced penalty" DUI laws (see Table 1). Most states recognize different sanctions for these types of DUI offenses.
Mandatory Alcohol Education and Assessment/Treatment
Alcohol education and treatment/assessment penalties for DUI offenders can include mandatory attendance at DUI prevention programs, and assessment of potential alcohol dependency problems. Such programs are often made "conditions" of a suspended sentence or probation, meaning that a DUI offender can avoid jail time and payment of hefty fines if he or she completes participation in the program. This chart indicates each state's utilization of alcohol education and treatment/assessment programs.
Vehicle Confiscation
Vehicle confiscation penalties allow a motor vehicle department or law enforcement agency to seize a DUI offender's vehicle, either permanently or for a set period of time. Such penalties typically apply only to repeat DUI offenders, and often the return of the vehicle requires payment of fines and significant administrative costs. This chart indicates each state's utilization of vehicle confiscation as a penalty for DUI.
Ignition Interlock
A vehicle ignition interlock breath-testing device measures a vehicle operator's BAC, and will prevent operation of the vehicle if more than a minimal amount of alcohol is detected (i.e. BAC level of .02). DUI offenders will usually be required to pay the costs of installation, rental, and maintenance of an ignition interlock device.
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