2025 - 2026 LEGISLATURE
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2025 SENATE BILL 248
May 9, 2025 - Introduced by Senators WANGGAARD, PFAFF, HUTTON, LARSON, FEYEN
and TOMCZYK, cosponsored by Representatives SPIROS, KAUFERT, ANDRACA,
BROOKS, DITTRICH, GOEBEN, MAXEY, MURPHY, MURSAU, O'CONNOR,
PENTERMAN, PIWOWARCZYK, SNYDER, SUBECK, KNODL and UDELL. Referred to
Committee on Judiciary and Public Safety.
***AUTHORS SUBJECT TO CHANGE***
AN ACT to amend 343.30 (1q) (b) 3., 343.30 (1q) (b) 4. and 343.305 (10) (b) 2.; to
create 343.301 (6) of the statutes; relating to: license eligibility and
restriction extensions relating to ignition interlock devices.
Analysis by the Legislative Reference Bureau
Under current law, if a person is convicted of a second or subsequent offense
related to operating a motor vehicle while under the influence of an intoxicant or
other drug, with a prohibited alcohol concentration, or with a measurable amount
of a controlled substance in their blood (OWI offense), a court must order the
person[s operating privilege restricted to operating vehicles that are equipped with
an ignition interlock device (IID). The restriction begins on the date of the IID
order and lasts for at least one year, but no longer than the maximum operating
privilege revocation period authorized for the refusal or violation.
Under the bill, the restriction of a person[s operating privilege under an IID
order must be extended by 180 days for each occurrence of any of the following
events detected by an IID: 1) three or more violations within a 60-day period, 2)
tampering with or attempting to circumvent the IID, or 3) removing the IID
authorization.
Under current law, a person whose operating privilege is administratively
revoked for a first offense of refusing a test may apply for an occupational license
after 30 days. The bill eliminates the 30-day waiting period and provides that a
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person may apply for an occupational license upon installation of an IID on any
motor vehicle that the person operates.
Under current law, when a person is convicted of an OWI offense, the
convicting court orders the person[s operating privilege be revoked. The length of
time for a court-ordered revocation increases with each subsequent OWI offense, as
does the waiting period before the person may apply for an occupational license. In
general, a person with prior OWI offenses may apply after 45 days. The bill
eliminates the 45-day waiting period and provides that a person may apply for an
occupational license upon installation of an IID on each motor vehicle that the
person operates.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SECTION 1. 343.30 (1q) (b) 3. of the statutes is amended to read:
343.30 (1q) (b) 3. Except as provided in sub. (1r) or subd. 4m., if the number of
convictions under ss. 940.09 (1) and 940.25 in the person[s lifetime, plus the total
number of other convictions, suspensions, and revocations counted under s. 343.307
(1) within a 10-year period, equals 2, the court shall revoke the person[s operating
privilege for not less than one year nor more than 18 months. After the first 45 days
of the revocation period has elapsed, the The person is eligible for an occupational
license under s. 343.10 if he or she has completed the assessment and, is complying
with the driver safety plan ordered under par. (c), and has installed an ignition
interlock device on each motor vehicle that the person operates.
SECTION 2. 343.30 (1q) (b) 4. of the statutes is amended to read:
343.30 (1q) (b) 4. Except as provided in sub. (1r) or subd. 4m., if the number of
convictions under ss. 940.09 (1) and 940.25 in the person[s lifetime, plus the total
number of other convictions, suspensions, and revocations counted under s. 343.307
(1), equals 3 or more, the court shall revoke the person[s operating privilege for not
less than 2 years nor more than 3 years. After the first 45 days of the revocation
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period has elapsed, the The person is eligible for an occupational license under s.
343.10 if he or she has completed the assessment and, is complying with the driver
safety plan ordered under par. (c), and has installed an ignition interlock device on
any motor vehicle that the person operates.
SECTION 3. 343.301 (6) of the statutes is created to read:
343.301 (6) (a) In this section, XviolationY means a breath sample that is
above the alcohol setpoint of 0.02 grams of alcohol per 210 liters of breath or failure
to provide a passing breath sample within the 5-minute retest window. XViolationY
does not include a detectable breath sample that passes a test immediately
following a failed test or in response to a bypass or circumvention attempt.
(b) Notwithstanding sub. (2m) (a) and (b), and subject to par. (c), the
restriction of a person[s operating privilege under an order under sub. (1g) (am) 1.
shall be extended by 180 days for each occurrence of any of the following events
detected by an ignition interlock device:
1. Three or more violations within a 60-day period.
2. Tampering with or attempting to circumvent the ignition interlock device.
3. Removing the ignition interlock device without authorization.
(c) The department may determine that a person did not commit a violation
upon receipt of verified documentation or other information satisfactory to the
department that is any of the following:
1. Documentation or information, provided by the person within 15 days of the
notice of the violation, explaining why the person contends the violation was not
committed.
2. Documentation or information, provided by the person[s ignition interlock
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device provider, indicating that a reported violation resulted from a malfunction of
the ignition interlock device for which the person was not responsible.
(d) The department shall develop an electronic process by which an approved
ignition interlock device provider may identify the start date of the restriction of a
person[s operating privilege under sub. (2m) and to provide to the department real-
time notice of usage and violations and a final compliance report.
SECTION 4. 343.305 (10) (b) 2. of the statutes is amended to read:
343.305 (10) (b) 2. Except as provided in subd. 3., 4., or 4m., for the first
improper refusal, the court shall revoke the person[s operating privilege for one
year. After the first 30 days of the revocation period Upon installation of an ignition
interlock device on any motor vehicle that the person operates, the person is eligible
for an occupational license under s. 343.10.
(END)
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