A.B.197. Relating to: revocation of operating privilege for certain offenses related to operating while intoxicated, operating after revocation, making an appropriation, and providing a criminal penalty. (FE)

Wisconsin Assembly
Last action a year ago
Polls (open):

Summary

                    Analysis by the Legislative Reference Bureau.

This bill provides for permanent revocation of a person's operating privilege if  the person commits certain offenses related to drunken driving or driving under the  influence of an intoxicant or other drug (OWI offenses).

Under current law, the Department of Transportation may revoke or suspend  a person's operating privilege if the person commits certain traffic offenses or crimes,  such as operating a vehicle while intoxicated. The period of revocation varies based  on the reason for the revocation, generally ranging from several months to a year.  Suspensions of operating privileges may also be ordered by a court adjudicating an  underlying criminal or traffic offense. Suspensions by a court also vary in length  based on the underlying criminal or traffic offense, ranging from several months to  several years.
                
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                    Also under current law, if a person's operating privilege is suspended or  revoked, the person may apply for an occupational license, which restricts when and  where the person is allowed to drive, such as to and from work. In most cases, the  person is eligible for an occupational license 15 days after the date of the suspension  or revocation. In some cases involving serious offenses, the person is not eligible for  an occupational license until one year after the date of the suspension or revocation.

Also under current law, with limited exceptions, DOT may reinstate a person's  revoked operating privilege if all of the following apply: 1) the period of revocation  has expired; 2) the person pays DOT all required fees; 3) the person passes any  examination required by DOT; and 4) with exceptions, the person files proof of  financial responsibility with DOT and maintains it for three years.

This bill requires DOT to permanently revoke the operating privilege of a  person who meets either of the following requirements:

1. The person has committed four or more OWI offenses.

2. The person has committed two or more OWI offenses and has two or more  “qualifying convictions." A qualifying conviction is 1) a conviction for certain  homicides that involve the use of a motor vehicle or 2) a conviction for certain felonies  involving the use of a motor vehicle.

A person whose operating privilege is revoked under this bill is not eligible for  an occupational license. After ten years of the revocation period have elapsed, the  person, however, may apply for reinstatement of his or her operating privilege. DOT  may reinstate the person's operating privilege if the person meets the general  requirements for reinstatement and all of the following apply: 1) the person has not  been convicted of certain felonies or misdemeanors related to motor vehicle use  during the ten-year period immediately preceding the application for  reinstatement; and 2) the person submits to and complies with an assessment by an  approved public treatment facility for examination of the person's use of alcohol and  controlled substances and development of a driver safety plan for the person.

Current law prohibits a person from operating a motor vehicle on a highway  during any period in which the person's motor vehicle operating privilege is revoked  (operating after revocation or OAR). Under current law, a person convicted of OAR  is subject to a forfeiture of not more than $2,500 unless certain penalty enhancing  conditions apply. Among these, if the underlying revocation was the result of  specified traffic violations involving alcohol or controlled substances, the person  convicted of OAR is subject to a fine of not more than $2,500 or imprisonment for not  more than one year, or both.

Under this bill, a person convicted of a second or subsequent OAR based on a  permanent revocation, as provided in this bill, is subject to a fine of not more than  $10,000 or imprisonment for not more than one year, or both.

Because this bill proposes to revoke a person's operating privilege upon  conviction for an offense, the Department of Transportation, as required by law, will  prepare a report to be printed as an appendix to this bill.

For further information see the state and local fiscal estimate, which will be  printed as an appendix to this bill.
                

In an effort to be an unbiased source of information, all text in this summary comes directly from government resources.

Actions

  • Executive action taken

    Tue, Dec 19th 2017
  • Public hearing held

    Tue, Dec 5th 2017
  • Representatives Macco and Wachs added as coauthors

    Tue, Dec 5th 2017
  • Representative Rohrkaste added as a coauthor

    Wed, Oct 18th 2017
  • Fiscal estimate received

    Thu, May 4th 2017
  • Fiscal estimate received

    Wed, May 3rd 2017
  • Fiscal estimate received

    Thu, Apr 27th 2017
  • Fiscal estimate received

    Fri, Apr 14th 2017
  • Fiscal estimate received

    Wed, Apr 5th 2017
  • Read first time and referred to Committee on Transportation

    Tue, Apr 4th 2017
  • Introduced by Representatives Spiros, Jacque, Allen, Berceau, Horlacher, Katsma, Kleefisch, Novak, Skowronski and Thiesfeldt; cosponsored by Senators Wanggaard and Marklein

    Tue, Apr 4th 2017