Wisconsin 2025-2026 Regular Session

Wisconsin Senate Bill SB248 Compare Versions

Only one version of the bill is available at this time.

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1	1	2025 - 2026 LEGISLATURE
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4	4	CORRECTED
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6	6	2025 SENATE BILL 248
7	7	May 9, 2025 - Introduced by Senators WANGGAARD, PFAFF, HUTTON, LARSON, FEYEN
8	8	and TOMCZYK, cosponsored by Representatives SPIROS, KAUFERT, ANDRACA,
9	9	BROOKS, DITTRICH, GOEBEN, MAXEY, MURPHY, MURSAU, O'CONNOR,
10	10	PENTERMAN, PIWOWARCZYK, SNYDER, SUBECK, KNODL and UDELL. Referred to
11	11	Committee on Judiciary and Public Safety.
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13	13	*AUTHORS SUBJECT TO CHANGE*
14	14	AN ACT to amend 343.30 (1q) (b) 3., 343.30 (1q) (b) 4. and 343.305 (10) (b) 2.; to
15	15	create 343.301 (6) of the statutes; relating to: license eligibility and
16	16	restriction extensions relating to ignition interlock devices.
17	17	Analysis by the Legislative Reference Bureau
18	18	Under current law, if a person is convicted of a second or subsequent offense
19	19	related to operating a motor vehicle while under the influence of an intoxicant or
20	20	other drug, with a prohibited alcohol concentration, or with a measurable amount
21	21	of a controlled substance in their blood (OWI offense), a court must order the
22	22	person[s operating privilege restricted to operating vehicles that are equipped with
23	23	an ignition interlock device (IID). The restriction begins on the date of the IID
24	24	order and lasts for at least one year, but no longer than the maximum operating
25	25	privilege revocation period authorized for the refusal or violation.
26	26	Under the bill, the restriction of a person[s operating privilege under an IID
27	27	order must be extended by 180 days for each occurrence of any of the following
28	28	events detected by an IID: 1) three or more violations within a 60-day period, 2)
29	29	tampering with or attempting to circumvent the IID, or 3) removing the IID
30	30	authorization.
31	31	Under current law, a person whose operating privilege is administratively
32	32	revoked for a first offense of refusing a test may apply for an occupational license
33	33	after 30 days. The bill eliminates the 30-day waiting period and provides that a
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36	36	3 2025 - 2026 Legislature
37	37	SENATE BILL 248
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40	40	SECTION 1
41	41	person may apply for an occupational license upon installation of an IID on any
42	42	motor vehicle that the person operates.
43	43	Under current law, when a person is convicted of an OWI offense, the
44	44	convicting court orders the person[s operating privilege be revoked. The length of
45	45	time for a court-ordered revocation increases with each subsequent OWI offense, as
46	46	does the waiting period before the person may apply for an occupational license. In
47	47	general, a person with prior OWI offenses may apply after 45 days. The bill
48	48	eliminates the 45-day waiting period and provides that a person may apply for an
49	49	occupational license upon installation of an IID on each motor vehicle that the
50	50	person operates.
51	51	The people of the state of Wisconsin, represented in senate and assembly, do
52	52	enact as follows:
53	53	SECTION 1. 343.30 (1q) (b) 3. of the statutes is amended to read:
54	54	343.30 (1q) (b) 3. Except as provided in sub. (1r) or subd. 4m., if the number of
55	55	convictions under ss. 940.09 (1) and 940.25 in the person[s lifetime, plus the total
56	56	number of other convictions, suspensions, and revocations counted under s. 343.307
57	57	(1) within a 10-year period, equals 2, the court shall revoke the person[s operating
58	58	privilege for not less than one year nor more than 18 months. After the first 45 days
59	59	of the revocation period has elapsed, the The person is eligible for an occupational
60	60	license under s. 343.10 if he or she has completed the assessment and, is complying
61	61	with the driver safety plan ordered under par. (c), and has installed an ignition
62	62	interlock device on each motor vehicle that the person operates.
63	63	SECTION 2. 343.30 (1q) (b) 4. of the statutes is amended to read:
64	64	343.30 (1q) (b) 4. Except as provided in sub. (1r) or subd. 4m., if the number of
65	65	convictions under ss. 940.09 (1) and 940.25 in the person[s lifetime, plus the total
66	66	number of other convictions, suspensions, and revocations counted under s. 343.307
67	67	(1), equals 3 or more, the court shall revoke the person[s operating privilege for not
68	68	less than 2 years nor more than 3 years. After the first 45 days of the revocation
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88	88	SECTION 2
89	89	period has elapsed, the The person is eligible for an occupational license under s.
90	90	343.10 if he or she has completed the assessment and, is complying with the driver
91	91	safety plan ordered under par. (c), and has installed an ignition interlock device on
92	92	any motor vehicle that the person operates.
93	93	SECTION 3. 343.301 (6) of the statutes is created to read:
94	94	343.301 (6) (a) In this section, XviolationY means a breath sample that is
95	95	above the alcohol setpoint of 0.02 grams of alcohol per 210 liters of breath or failure
96	96	to provide a passing breath sample within the 5-minute retest window. XViolationY
97	97	does not include a detectable breath sample that passes a test immediately
98	98	following a failed test or in response to a bypass or circumvention attempt.
99	99	(b) Notwithstanding sub. (2m) (a) and (b), and subject to par. (c), the
100	100	restriction of a person[s operating privilege under an order under sub. (1g) (am) 1.
101	101	shall be extended by 180 days for each occurrence of any of the following events
102	102	detected by an ignition interlock device:
103	103	1. Three or more violations within a 60-day period.
104	104	2. Tampering with or attempting to circumvent the ignition interlock device.
105	105	3. Removing the ignition interlock device without authorization.
106	106	(c) The department may determine that a person did not commit a violation
107	107	upon receipt of verified documentation or other information satisfactory to the
108	108	department that is any of the following:
109	109	1. Documentation or information, provided by the person within 15 days of the
110	110	notice of the violation, explaining why the person contends the violation was not
111	111	committed.
112	112	2. Documentation or information, provided by the person[s ignition interlock
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137	137	SENATE BILL 248
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140	140	SECTION 3
141	141	device provider, indicating that a reported violation resulted from a malfunction of
142	142	the ignition interlock device for which the person was not responsible.
143	143	(d) The department shall develop an electronic process by which an approved
144	144	ignition interlock device provider may identify the start date of the restriction of a
145	145	person[s operating privilege under sub. (2m) and to provide to the department real-
146	146	time notice of usage and violations and a final compliance report.
147	147	SECTION 4. 343.305 (10) (b) 2. of the statutes is amended to read:
148	148	343.305 (10) (b) 2. Except as provided in subd. 3., 4., or 4m., for the first
149	149	improper refusal, the court shall revoke the person[s operating privilege for one
150	150	year. After the first 30 days of the revocation period Upon installation of an ignition
151	151	interlock device on any motor vehicle that the person operates, the person is eligible
152	152	for an occupational license under s. 343.10.
153	153	(END)
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