Drunk driving law changes
(2010)
0.08Law in Wisconsin (pdf file
downloaded directly from dot.wisconsin.gov)
Ignition interlock devices (IIDs)
Impact on driver license revocation,
reinstatement and occupational license
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)
- Ignition 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.
-
More information regarding the
installation of ignition interlock
devices (IIDs) is also available.
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.
If you would like more
information on Criminal, DWI Laws or any topics which concern a legal
matter, please contact Rob Wertheimer for a free
initial consultation at 715-381-1273 |
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