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Wisconsin Legislature: SB1111: Bill Text
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SB1111: Bill Text
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2025 - 2026 LEGISLATURE
LRB-6205/1
EVM:cdc
2025 SENATE BILL 1111
March 12, 2026 - Introduced by Senators
Larson
,
Carpenter
,
Dassler-Alfheim
and
Roys
, cosponsored by Representatives
Spaude
,
Andraca
,
Arney
,
Brown
,
Goodwin
,
Kirsch
,
Miresse
,
Neubauer
,
Roe
,
Sinicki
,
Snodgrass
and
Udell
. Referred to Committee on Judiciary and Public Safety.
SB1111,1,5
1
An Act
to amend
343.30 (1q) (b) 3., 343.301 (1g) (a) 2. a., 343.305 (10) (b) 3.,
2
343.31 (3) (bm) 3., 346.65 (2) (am) 2. and 346.65 (2) (bm);
to create
343.307 (1)
3
(h) of the statutes;
relating to:
penalties for certain offenses related to
4
operating a motor vehicle while intoxicated, restrictions related to ignition
5
interlock devices, and providing a penalty.
Analysis by the Legislative Reference Bureau
This bill makes several changes to statutes 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 his or her blood (OWI offenses). Specifically, the bill 1) expands the ignition interlock device (IID) requirement to additional OWI offenses, 2) eliminates an exception to the penalties for certain repeat OWI offenses, and 3) includes certain underage drinking offenses in the list of prior offenses counted in determining the penalty for an OWI offense.
Under current law, if a person is convicted of a second or subsequent OWI offense or if a person is convicted of a first OWI offense for which his or her alcohol concentration is 0.15 or greater, a court must order the person’s operating privilege restricted to operating vehicles that are equipped with an IID. The bill expands the ignition interlock requirement to first OWI offenses for which the person’s alcohol concentration is 0.08 or greater.
Current law increases the penalty for a second OWI offense if the person committed the second offense within 10 years of the first offense. Under the bill, a person who commits a second OWI offense is subject to the increased penalties regardless of whether the person commits the offense within 10 years of his or her first OWI offense.
Under current law, the sentence a person faces for certain OWI offenses depends on the number of prior OWI offenses that the person has committed. Also under current law, a person's operating privilege may be revoked if a person is convicted of certain OWI offenses. The length of that revocation depends on the number of prior OWI offenses that the person has committed. Current law provides a list of the types of prior OWI offenses that must be counted for the purposes of sentencing or operating privilege revocation. The offenses on this list include driving a motor vehicle while under the influence of an intoxicant; driving a motor vehicle with a prohibited blood alcohol concentration; causing injury, great bodily harm, or death while driving a motor vehicle while under the influence of an intoxicant; and improperly refusing to submit to a test to determine the alcohol concentration in the person's blood.
The bill adds underage drinking offenses that involve the violator consuming alcohol beverages and operating a motor vehicle to the list of offenses described above.
Because this bill creates a new crime or revises a penalty for an existing crime, the Joint Review Committee on Criminal Penalties may be requested to prepare a report.
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.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
SB1111,1
1
Section
1
.
343.30 (1q) (b) 3. of the statutes is amended to read:
SB1111,3,3
2
343.30
(1q)
(b) 3. Except as provided in sub. (1r) or subd. 4m., if the number of
3
convictions under ss. 940.09 (1) and 940.25 in the person’s lifetime, plus the total
4
number of other convictions, suspensions, and revocations counted under s. 343.307
5
(1)
within a 10-year period
, equals 2, the court shall revoke the person’s operating
6
privilege for not less than one year nor more than 18 months. After the first 45 days
1
of the revocation period has elapsed, the person is eligible for an occupational
2
license under s. 343.10 if he or she has completed the assessment and is complying
3
with the driver safety plan ordered under par. (c).
SB1111,2
4
Section
2
.
343.301 (1g) (a) 2. a. of the statutes is amended to read:
SB1111,3,6
5
343.301
(1g)
(a) 2. a. The person had an alcohol concentration of
0.15
0.08
or
6
more at the time of the offense.
SB1111,3
7
Section
3
.
343.305 (10) (b) 3. of the statutes is amended to read:
SB1111,3,16
8
343.305
(10)
(b) 3. Except as provided in subd. 4m., if the number of
9
convictions under ss. 940.09 (1) and 940.25 in the person’s lifetime, plus the total
10
number of other convictions, suspensions, and revocations counted under s. 343.307
11
(2)
within a 10-year period
, equals 2, the court shall revoke the person’s operating
12
privilege for 2 years. After the first 90 days of the revocation period or, if the total
13
number of convictions, suspensions, and revocations counted under this subdivision
14
within any 5-year period equals 2 or more, after one year of the revocation period
15
has elapsed, the person is eligible for an occupational license under s. 343.10 if he or
16
she has completed the assessment and is complying with the driver safety plan.
SB1111,4
17
Section
4
.
343.307 (1) (h) of the statutes is created to read:
SB1111,3,20
18
343.307
(1)
(h) Convictions for violations under s. 125.07 (4) (a) 2. or (b) or a
19
local ordinance in conformity with that section that involve the violator consuming
20
alcohol beverages and operating a motor vehicle.
SB1111,5
21
Section
5
.
343.31 (3) (bm) 3. of the statutes is amended to read:
SB1111,4,9
22
343.31
(3)
(bm) 3. Except as provided in subd. 4m., if the number of
23
convictions under ss. 940.09 (1) and 940.25 in the person’s lifetime, plus the total
24
number of suspensions, revocations, and other convictions counted under s. 343.307
1
(1)
within a 10-year period
, equals 2, the department shall revoke the person’s
2
operating privilege for not less than one year nor more than 18 months. If an
3
Indian tribal court in this state revokes the person’s privilege to operate a motor
4
vehicle on tribal lands for not less than one year nor more than 18 months for the
5
conviction specified in par. (bm) (intro.), the department shall impose the same
6
period of revocation. After the first 60 days of the revocation period or, if the total
7
number of convictions, suspensions, and revocations counted under this subdivision
8
within any 5-year period equals 2 or more, after one year of the revocation period
9
has elapsed, the person is eligible for an occupational license under s. 343.10.
SB1111,6
10
Section
6
.
346.65 (2) (am) 2. of the statutes is amended to read:
SB1111,4,17
11
346.65
(2)
(am) 2. Except as provided in pars. (bm) and (f), shall be fined not
12
less than $350 nor more than $1,100 and imprisoned for not less than 5 days nor
13
more than 6 months if the number of convictions under ss. 940.09 (1) and 940.25 in
14
the person’s lifetime, plus the total number of suspensions, revocations, and other
15
convictions counted under s. 343.307 (1)
within a 10-year period
, equals 2, except
16
that suspensions, revocations, or convictions arising out of the same incident or
17
occurrence shall be counted as one.
SB1111,7
18
Section
7
.
346.65 (2) (bm) of the statutes is amended to read:
SB1111,5,6
19
346.65
(2)
(bm) In any county that opts to offer a reduced minimum period of
20
imprisonment for the successful completion of a probation period that includes
21
alcohol and other drug treatment, if the number of convictions under ss. 940.09 (1)
22
and 940.25 in the person’s lifetime, plus the total number of suspensions,
23
revocations, and other convictions counted under s. 343.307 (1)
within a 10-year
24
period
, equals 2, except that suspensions, revocations, or convictions arising out of
1
the same incident or occurrence shall be counted as one, the fine shall be the same
2
as under par. (am) 2., but the period of imprisonment shall be not less than 5 days,
3
except that if the person successfully completes a period of probation that includes
4
alcohol and other drug treatment, the period of imprisonment shall be not less than
5
5 nor more than 7 days. A person may be sentenced under this paragraph or under
6
par. (cm) or (dm) or sub. (2j) (bm), (cm), or (cr) or (3r) once in his or her lifetime.
SB1111,8
7
Section
8
. Initial applicability.
SB1111,5,11
8
(
1
)
This act first applies to violations committed on the effective date of this
9
subsection but does not preclude the counting of other convictions, suspensions, or
10
revocations as prior convictions, suspensions, or revocations for purposes of
11
administrative action by the department of transportation or sentencing by a court.
SB1111,5,12
12
(end)
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true
proposaltext
/2025/related/proposals/sb1111
proposaltext/2025/REG/SB1111
proposaltext/2025/REG/SB1111
section
true
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