 |
DUI in Arizona You are here: About > Cities & Towns > Phoenix, AZ > Maps, Driving and Transport > Drivers and Driving > Driving > DUI in Arizona Cities & Towns Phoenix, AZ Essentials E-Course: Relocating to Phoenix Cactus League/Spring Training January Concerts/Shows January Festivals/Events FBR Open (Phoenix Open) Topics Attractions and Events Food and Drink Sports and Recreation Moving to Phoenix Phoenix Facts and Fiction Cities, Government, Laws Weather, Plants, Animals Jobs and Employment Homes and Rentals Schools and Colleges Lifestyles and Families Shopping, Services, Media Maps, Driving and Transport Resorts, Hotels, Motels See For Yourself: AZ Photos Buyer's Guide Magazines About Phoenix ASU Logo Merchandise Phoenix Suns Gifts Desert Garden Books Ping Golf Clubs and Merchandise Forums Help FREE Newsletter Sign Up Now for the Phoenix, AZ newsletter! See Online Courses Search Phoenix, AZ Stay up to date! Email to a friend Print this page Suggested Reading Ten Things to Know Before You Get Stopped for DUI Photo Radar Crime and Criminals DUI Around About Alcohol-Related Impairment Recent Discussions APS to raise rates by 20% possible move to phoenix Kierland Most Popular Barrett-Jackson Barrett-Jackson Classic Car Auction Tattoo Photo Gallery Movie Theaters - Harkins Theaters - AMC Theaters - Movies Lake Havasu City What's Hot Rocky Point Picture Gallery - Pictures of Rocky Point Mexico... Andy Roddick Pictures - Warming Up Saguaro Cactus Rocky Point Scorpions Related Topics Southwestern United States for Visitors California for Visitors Honeymoons / Romantic Getaways Mexico / Central America for Visitors Mexican Cuisine DUI in Arizona From Judy Hedding , Your Guide to Phoenix, AZ . FREE Newsletter. Sign Up Now! Your Driver License & the Department of Motor Vehicles The following information about DUI and your driver license rights in Arizona was provided by a Tucson attorney, David Alan Darby . If you find yourself arrested for Driving Under the Influence of Alcohol (DUI) in the State of Arizona, and you have submitted to a breath, blood, or urine test, and the results of the test reveal a blood/breath alcohol result of .08% or higher, or you have refused these tests, you can expect to be involved in two separate legal proceedings. A criminal proceeding in court A civil proceeding with the Department of Motor Vehicles (MVD) and the likely suspension of your driver license. These two proceedings are mutually exclusive; the outcome of one will not affect the other. You could win both matters or lose both matters. How the MVD driver license hearing is handled is extremely important. The Criminal Proceeding Your DUI arrest begins your criminal proceeding. The consequences of this -- plea of guilty, or a verdict of guilty following a jury or bench trial -- could result in mandatory jail time, fines, fees and assessments, supervised or unsupervised probation, as well as a criminal record. The Civil Proceeding The civil proceeding is conducted before an administrative hearing officer at the MVD. This proceeding deals with a possible suspension of your driver's license, or if from out of state, your privilege to drive in Arizona. The arresting police officer will serve you with a "Notice of Suspension." If you have been arrested in Arizona for DUI and you take a breath, blood or urine test, and the results measured a alcohol concentration of .08% or more within 2 hours of driving, or you refuse to take the blood, breath or other chemical test, the arresting police will serve you with a 90 day driver license suspension notice, or in the case of refusal, a 12 month driver license or driving privilege suspension. The police should give you two copies of this form. Arizona Residents If your test results indicate a result of .08% or higher, the police will seize your Arizona driver license, and issue you a temporary license which is valid for 15 days, or, if you request a hearing within the 15 day window, until the hearing is conducted and the outcome determined. Since the police confiscated your driver license, the yellow copy of the suspension notice is your temporary driver license. Non-Arizona Residents If you are from out of state, the police cannot seize your driver license. They will serve you with a notice of suspension of your privilege to drive in Arizona. The suspension will take effect 15 days after service unless you request a hearing within the 15 days. If a hearing is requested, your privilege to drive in Arizona will not be suspended until the hearing is conducted and the outcome determined. Refusal If you refused to take the breath, blood or urine test, the police will serve you a notice of a 12-month suspension of your driver license, or privilege to drive if you are from out of state. This suspension becomes effective 15 days from the date of service unless you request a hearing. If a hearing is requested your driver license or privilege to drive in Arizona will not be suspended until the hearing is conducted and the outcome determined. If your refused to take a breath, blood or urine test, it is likely that the police obtained a search warrant and obtained your blood anyway. If this is the case, your driver license or privilege to drive will still be suspended for 12 months even though the police obtained your blood through the use of a search warrant. How to Request A Hearing A request for hearing must be submitted in writing to the MVD. Generally, the pink copy of suspension form, furnished by the police, is used to request this hearing. It is important to fill out the information completely and accurately on the back of the pink form. You must check the box indicating you are requesting an Administrative Hearing and mail it, within 15 days of service to you by the police, to: Arizona Department of Transportation, Executive Hearing Office, Mail Drop 507M, P.O. Box 2100, Phoenix, AZ 85001-2100. Do not select Summary Review; this will not get you a hearing, but merely a review of the paperwork submitted by the police. Why Is This So Important In the criminal case, if you plead guilty to the charge of DUI, or if you are found guilty, you will be sentenced in accordance within the present Arizona DUI sentencing guidelines . When the State receives notification of the verdict, your driver license will be suspended for 90 days. However, if you are a first offender, or you have had no DUI convictions within the past five years, and if you took the breath, blood or other required test, and if you have been found guilty in the criminal proceeding, or you feel that such a result is likely, then you may wish to agree to a suspension of your driver license prior to or at the MVD hearing. Next Page >> Driver License Suspension and Administrative Hearings 1 2 Next Topic Index | Email to a Friend Our Story | Be a Guide | Advertising Info | Work at About | Site Map | Icons | Help User Agreement | Ethics Policy | Patent Info. | Privacy Policy | Kids' Privacy Policy ©2006 About, Inc., A part of The New York Times Company . All rights reserved. Around About Tips to Losing Weight Guide to Distance Learning How to Travel for Less PHOTOS: Italy PHOTOS: Hybrid Cars What's Hot Rocky Point Picture Gallery - Pictures of Rocky Point Mexico... Andy Roddick Pictures - Warming Up Saguaro Cactus Rocky Point Scorpions
|
|
DUI defense lawyers around DUI Law, DWI Law - Association of qualified drunk driving defense lawyers - www.1800duilaws.com › Free Consultation Find a DUI LAWS Lawyer :: Select Your State :: Alabama Alaska Arizona Arkansas California Colorado Connecticut Delaware Florida Georgia Hawaii Idaho Illinois Indiana Iowa Kansas Kentucky Louisiana Maine Maryland Massachusetts Michigan Minnesota Mississippi Missouri Montana Nebraska Nevada New Hampshire New Jersey New Mexico New York North Carolina North Dakota Ohio Oklahoma Oregon Pennsylvania Rhode Island South Carolina South Dakota Tennessee Texas Utah Vermont Virginia Washington Washington DC West Virginia Wisconsin Wyoming › About 1800 DUI LAWS › DUI Laws by State › DUI Arrests by State › Drinking and Driving › Your First DUI › DUI Drugs › DUI Laws Dictionary › BAC Calculator › Field Sobriety Tests › Driver License › The Science › Breathalyzers › Jail Alternatives › Ignition Interlock › Criminal Courts › Designated Drivers › DUI Insurance › DUI Schools › Tell a Friend //-- › Order Your DMV Record › Link to DUI LAWS › Contact Us › Why Expungement? › Expungement 101 › Felony Expungement › Rehabilitation & Pardon › Case Evaluation › Traffic School Info › About The Content › About The Quizzes › About The Final Exam › Student Comments › DUI Chat › For Attorneys Only › Website Development DUI Attorneys, DWI Lawyers, OWI Attorneys, OUI Lawyers, DUI, DWI, OUI, OVI, OWI, OUIL, DUII Attorneys, Drunk Driving Lawyers, Drinking and Driving, National Drunk Driving Law Firms, National DUI Law. No matter what they are called, cases involving drinking and driving are different than any other criminal offense. DUI cases are not a "whodunit" , like a robbery or vandalism type case. Drunk driving cases are based on the opinion of a law enforcement officer , and the results of a chemical test where the accuracy is highly suspect. To find an attorney, click on a region of the map or your state link. You will be redirected to a state map page to further help you find a lawyer in your area. DWI is a political crime. Drunk driving involves issues of revenue raising for local, state, and federal government . MADD and other organizations have lobbied heavily for laws that demonize the accused DUI offender. In most states, a drunk driving arrest gives rise to two separate cases: a criminal case where a person's liberty is at stake , and a Department of Motor Vehicles case, where a person's driver's license may be suspended . Drunk driving is unique. In any other area of the law, this would be considered a violation of the double jeopardy clause of the Constitution, which prohibits being punished twice for the same act. Indeed, most DUI and DWI practitioners consider drunk driving law to be the "DUI exception to the Constitution." Drunk driving defense is a highly specialized area. There are certain DUI defense lawyers around the country that have dedicated themselves to this area of the law. This website allows citizens to find a qualified drunk driving defense lawyer in their area, as well as find resources to answer questions that arise in the face of a drunk driving arrest. If you or someone you care about has been arrested for DUI, DWI, or drunk driving, please call 1.800.DUI.LAWS or 1.800.DWI.LAWS to find a lawyer near you. DUI and DWI laws have changed in recent years - legal limits have been lowered and punishment increased. With the "carrot and the stick" of federal highway funds hanging in the balance, the legal limit has dropped from .15 to .10 to .08. Drunk driving lawyers anticipate that .05 will soon be upon us, and the possibility of zero tolerance looms large. DUI punishment has increased, with mandatory jail for those convicted of drunk driving or a related DWI offense , increased fines, increased car insurance , loss of driver's license , mandatory alcohol schools , mandatory attendance at AA meetings, community service, ignition interlock devices and more. Some states are requiring those convicted of drunk driving to affix a special license plate or bumper sticker to their cars, to alert the world that they have been convicted of DUI, DWI, or a drunk driving offense. Drunk driving defense is a specialized area. Let one of the qualified DUI LAWS attorneys find a solution to your legal problem. Contact a DUI LAWS lawyer near you for a free consultation . | Site map | Terms and Conditions | Legal Disclaimer | Privacy Policy | Contact us at 1 800 DUI LAWS | 1 800 DUI LAWS. All rights reserved.
|
|
Breathalyzers and Open Source -- [IP] more on Breathalyzers and Open Source interesting-people message [ Date Prev ] | [ Thread Prev ] | [ Thread Next ] | [ Date Next ]--[ Date Index ] | [ Thread Index ] | [ Elist Home ] Subject : [IP] more on Breathalyzers and Open Source From : David Farber <dave@farber.net> To : Ip Ip <ip@v2.listbox.com> Date : Fri, 28 Oct 2005 19:04:03 -0400 Begin forwarded message: From: Kris Gabor <kgabor@aol.com>Date: October 28, 2005 6:03:53 PM EDTTo: dave@farber.netSubject: Re: [IP] more on Breathalyzers and Open Source A district court judge here in Fairfax County (Northern Virginia) is challenging a similar notion by dismissing a number of DWI cases where above-the-limit breathalyzer results are setting up a presumption of guilt -- not all that different from the presumption of guilt that comes from refusing a breathalyzer. Good article about it in yesterday's Washington Post: Maverick N.Va. Judge Tosses Out DWI Cases That Presume Guilt By Tom JackmanWashington Post Staff WriterThursday, October 27, 2005; Page A01 A Fairfax County judge who believes Virginia's drunken driving laws are unconstitutional has begun dismissing cases, including five DWI cases in a week, and has threatened to throw a veteran prosecutor in jail for arguing with him. Judge Ian M. O'Flaherty made it known in July that he felt Virginia's DWI law unfairly deprived defendants of the presumption of innocence if breath tests showed that they had a blood alcohol content of .08 or higher, levels at which people are presumed to be intoxicated. <snip> http://www.washingtonpost.com/wp-dyn/content/article/2005/10/26/ AR2005102602 572.html -- Kris On 10/28/05 17:49, "David Farber" <dave@farber.net> wrote: Begin forwarded message: From: Ed Biebel <edward@biebel.net>Date: October 28, 2005 10:22:45 AM EDTTo: dave@farber.netSubject: RE: [IP] more on Breathalyzers and Open Source In addition, I believe that in both Pennsylvania and New Jerseyagreeing tosubmit to a breathalyzer or blood test is a condition of having adriver'slicense. Refusing to take the test can result in an immediatesuspension ofyour driver's license (6 months to a year I believe). A friend of mine that is attorney recommended not refusing the tests(especially for a first offense) because he said that at trial a goodattorney would have leeway to present mitigating issues, challenge theaccuracy of the tests, plea to a lesser charge for a lightersentence, etc.However the refusal of the test was cut and dry and essentiallyresulted ina mandatory punishment. While IANAL and I'm not advocating people drink and drive (or avoidpunishment if they do), I thought this was an interesting legalperspectiveworth mentioning. -Ed -----Original Message-----From: David Farber [ mailto:dave@farber.net ]Sent: Tuesday, October 25, 2005 5:14 PMTo: Ip IpSubject: [IP] more on Breathalyzers and Open Source Begin forwarded message: From: Bradley Roberts <br2@u.washington.edu>Date: October 25, 2005 4:04:40 PM EDTTo: David Farber <dave@farber.net>Cc: "Andrew D. Swart" <andrew@swart.com>Subject: Re: [IP] more on Breathalyzers and Open Source A friend got pulled over in front of me for some minor infraction(into a bike lane too early for a right turn, if I remembercorrectly). I knew he had come from a bar and had probably had atleast one drink. They started in on the normal dui tests (speech,eye, coordination, etc) in front of me. I had enough time beforethis to tell him not to submit to a breathalyzer as they'reinaccurate - he said that he was probably above the limit, so I toldhim that he could expect that they'd figure this out and he'd betaken to the police station for a blood test if he refused abreathalyzer. By refusing to submit to the breathalyzer, under CA law (or at leastin San Luis Obispo), the officers have the option to place the personunder arrest and take them in for more thorough evaluation. They didthis - unfortunately for my friend, he didn't take well to beinghandcuffed and started to argue/resist. Probably would have beentreated better had he not. Ultimately his blood was tested and wasfound above the legal limit. He made a bad choice and is stillpaying the consequences but no one was hurt. However, it should be clear that if you refuse to take a breathalyzertest, you MAY be arrested. Whether or not you've ever had a drop ofalcohol in your life. Refusing the test is within your rights, butan officers suspicion will quickly place you in shackles and you'llbe subjected to the more reliable (and repeatable) tests. Begin forwarded message: From: "Andrew D. Swart" <andrew@swart.com>Date: October 24, 2005 4:30:21 PM EDTTo: dave@farber.net, 'Ip Ip' <ip@v2.listbox.com>Subject: RE: [IP] more on Breathalyzers and Open SourceReply-To: andrew@swart.com ...I mention all these factors because they are common in manymeasurement instruments......No amount of viewing the code will tell you that. A local attorney (Santa Barbara) regularly takes out full page ads in local papers seeking DUI clients, but also advising people of their rights during a suspected DUI stop. One of his biggest pieces of advice: refuse under all circumstances an invitation to take a breathalyzer test. He points out that the portable technology is flawed and the results can't be verified independently (only a single sample). Instead, do no resist, if law enforcement insists, taking a blood or urine test. More reliable and samples remain for independent testing at later stage. Warning: refusing a breathalyzer test (but not the other tests) in California is reportedly within our rights; this may not be the case in all other states. Andrew Swart -------------------------------------You are subscribed as br2@u.washington.eduTo manage your subscription, go to http://v2.listbox.com/member/?listname=ip Archives at: http://www.interesting-people.org/archives/interesting- people/ -------------------------------------You are subscribed as interesting-people@lists.elistx.comTo manage your subscription, go to http://v2.listbox.com/member/?listname=ip Archives at: http://www.interesting-people.org/archives/interesting-people/ [ Date Prev ] | [ Thread Prev ] | [ Thread Next ] | [ Date Next ]--[ Date Index ] | [ Thread Index ] | [ Elist Home ] Search: this month this year this elist Match: all any boolean Sort by: score date reverse score reverse date Words: | Help Powered by eList eXpress LLC
|
|
Drunk Driving LawsDrunk driving law changes - Wisconsin Department of Transporatation Home | News | About Us | Research & Library | A-Z Index Drivers & Vehicles | Safety | Travel | Plans & Projects | State Patrol | Doing Business | Programs for Local Gov't Law enforcement and courts Certified driver records Certified vehicle records Driver license withdrawals Drunk driving law changes Fraudulent licenses License types Online status check OWS and OAR Law Probationary driver licenses Traffic and criminal software (TraCS) Drivers & Vehicles > Drivers > Law enforcement and courts > Drunk driving law changes Seizure | Immobilization-violations committed before September 30, 2001 | Immobilization-violations committed September 30, 2001 - December 31, 2001 | Immobilization-violations committed January 1, 2002 and after | Ignition interlock devices (IID)-violations committed before September 30, 2001 | Ignition interlock devices (IID)-violations committed September 30, 2001 - December 31, 2001 | Ignition interlock devices (IID)-violations committed January 1, 2002 | Occupational license eligibility | violations committed before September 30, 2001 resulting in a conviction | violations committed September 30, 2001 and after resulting in a conviction Summary: All operating while intoxicated (OWI) offenders - new offenses: OWI surcharge increases by $10 from $345 to $355. OWI repeat offenders (includes OWI-type offenses counted under 343.307) - new offenses, but taking into account prior convictions in offenders driver history). For the 2nd conviction, with respect to imprisonment, the court shall ensure that the person is imprisoned for not less than 5 days or ordered to perform not less than 30 days of community service work Creation of 2 vehicle sanction penalty schemes and 2 occupational license eligibility standards for repeat offenders Any driver with 2 OWI offenses in any 5 year period are: Subject to immobilization or ignition interlock requirements on all vehicles for which their name appears on the title or registration Not eligible for an occupational license for one year For all other repeat offenders, occupational license eligibility and vehicle sanctions remain substantially the same. Seizure Vehicle seizure remains the same. For third and subsequent convictions, only the vehicle used in the offense and owned by the offender may be seized. Seizure may be used in combination with other vehicle sanctions to meet the federal requirements. Seizure is not an option for 1st or 2nd convictions. Example: For someone with 3 offenses and 2 within any five-year period, the court may order the offenders vehicle used in the offense seized. All other vehicles for which the offenders name appears on the title or registration shall be immobilized or equipped with ignition interlock devices (IIDs). Hardship exception remains the same as current law - "The court may not order a vehicle seized... if seizure would result in undue hardship or extreme inconvenience or would endanger the health and safety of a person." Immobilization For violations committed before September 30, 2001 resulting in a conviction Offender status Sanction Time period Wis. Statute 1st and 2nd None 3rd or subsequent (3 or more in lifetime). Court shall order a vehicle owned by the person immobilized if vehicle used in offense wasnt ordered seized or if a vehicle owned by the offender wasnt ordered equipped with an IID. Not more than the period the offenders operating privilege was revoked. The time-period starts on the date of revocation for the offense and is based on the actual ordered period of revocation vs. the maximum revocation period for the offense. 343.305(10m) 346.65(6)(a)1 346.65(6)(m) Hardship exception: The court may not order a vehicle... immobilized if that would result in undue hardship or extreme inconvenience or would endanger the health and safety of a person. 346.65(6)(a)1 Return to top Immobilization For violations committed September 30, 2001 - December 31, 2001 resulting in a conviction Offender status Sanction Time period Wis. Statute 1st None 2nd (2 within 10 years or 1st offense was negligent homicide intoxicated (NHI) or great bodily harm (GBH) OWI - but none within 5 years of another). None 3rd or subsequent (3 or more in lifetime - but none within 5 years of another). Court shall order a vehicle owned by the person immobilized if vehicle used in offense wasnt ordered seized or if a vehicle owned by the offender wasnt ordered equipped with an IID. Not more than the period the offenders operating privilege was revoked. The time-period starts on the date of revocation for the offense and is based on the actual ordered period of revocation vs. the maximum revocation period for the offense. 343.305(10m) 346.65(6)(a)1 346.65(6)(m) Hardship exception: The court may not order a vehicle... immobilized if that would result in undue hardship or extreme inconvenience or would endanger the health and safety of a person. 346.65(6)(a)1 2nd or subsequent (2 offenses within any 5-year period.) All vehicles for which the offenders name appears on the title or registration shall be immobilized unless they were ordered equipped with IID or ordered seized. Not less than 1 year nor more than the maximum revocation period for the offense. The time-period starts on the date of revocation for the offense. 343.301(2)(b) 343.305(10m) Hardship exception: If immobilizing each motor vehicle would cause undue hardship to any person, except the person to whom the order applies, who is completely dependent on a motor vehicle subject to immobilization for the necessities of life, including a family member or any person who holds legal title to a motor vehicle with the person to whom the order applies, the court may order that one or more motor vehicles not be immobilized. 343.301(2)(a) Immobilization For violations committed January 1, 2002 and after resulting in a conviction Offender status Sanction Time period Wis. Statute 1st offender None 2nd or subsequent (2 within 10 years or 1st offense was NHI or GBH OWI, but none within 5 years of another). Court may order immobilization of the vehicle owned by the offender and used in the offense. Not less than 1 year nor more than the maximum revocation period for the offense. The time-period starts on the date of revocation for the offense. 343.301(2)(a)1 343.305(10m)(a) 2nd or subsequent offender - 2 offenses within any 5-year period. All vehicles for which the offenders name appears on the title or registration shall be immobilized unless they were ordered equipped with IID or ordered seized. Not less than 1 year nor more than the maximum revocation period for the offense. The time-period starts on the date of revocation for the offense. 343.301(2)(a)2 343.305(10m)(b) Hardship exception: If immobilizing each motor vehicle would cause undue hardship to any person, except the person to whom the order applies, who is completely dependent on a motor vehicle subject to immobilization for the necessities of life, including a family member or any person who holds legal title to a motor vehicle with the person to whom the order applies, the court may order that one or more motor vehicles not be immobilized. 343.301(2)(a)2 Return to top Ignition interlock devices (IID) For violations committed before September 30, 2001 resulting in a conviction Offender status Sanction Time period Wis. Statute 1st or 2nd None** 3rd or subsequent (3 or more in lifetime). IID restriction for Class D operation on occupational license if the court ordered a vehicle owned by the offender equipped with an IID. Duration of occupational license. 343.10(5)(a)3 Court shall order IID on the vehicle owned by the person and used in the offense if the vehicle used in the offense wasnt ordered seized and if a vehicle owned by the offender wasnt ordered immobilized . Not more than 2 years more than the period the offenders operating privilege was revoked. (this language will be repealed 1/1/02) The time period starts on the date of revocation for the offense and is based on the actual ordered period of revocation vs. the maximum revocation period for the offense. 346.65(6)(a)1 346.65(6)(m) 343.305(10m) Hardship exception: The court may not order a vehicle... equipped with an IID... if that would result in undue hardship or extreme inconvenience or would endanger the health and safety of a person. 346.65(6)(a)1 Ignition interlock devices (IID) For violations committed September 30, 2001 - December 31, 2001 resulting in a conviction Offender status Sanction Time period Wis. Statute 1st None** 2nd (2 within 10 years or 1st offense was NHI or GBH OWI - but none within 5 years of another). None** 3rd or subsequent (3 or more in lifetime but none within 5 years of another). IID restriction for Class D operation on occupational license if the court ordered a vehicle owned by the offender equipped with an IID. Duration of occupational license. 343.10(5)(a)3 Court shall order IID on the vehicle owned by the person and used in the offense if the vehicle used in the offense wasnt ordered seized and if a vehicle owned by the offender wasnt ordered immobilized. Not more than 2 years more than the period the offenders operating privilege was revoked. (this language will be repealed 1/1/02) The time-period starts on the date of revocation for the offense and is based on the actual ordered period of revocation vs. the maximum revocation period for the offense. 346.65(6)(a)1 346.65(6)(m) 343.305(10m) Hardship exception: The court may not order a vehicle... equipped with an IID... if that would result in undue hardship or extreme inconvenience or would endanger the health and safety of a person. 346.65(6)(a)1 2nd or subsequent (2 offenses within any 5-year period). IID restriction for Class D operation on occupational license if the court ordered each vehicle owned by the offender equipped with an IID. Duration of occupational license. 343.10(5)(a)3 Operation of Class D vehicles is restricted to vehicles equipped with an IID. All vehicles for which the offenders name appears on the title or registration shall be equipped with IID unless they were ordered immobilized or ordered seized. Not less than 1 year nor more than the maximum revocation period for the offense. The time-period starts 1 year from the date of revocation for the offense. 343.301(1)(a) 343.301(1)(b) 343.305(10m) Hardship exception: If equipping each motor vehicle with an IID would cause an undue financial hardship, the court may order that one or more motor vehicles subject to the IID requirement not be equipped with an IID. 343.301(1)(a) Return to top Ignition interlock devices (IID) For violations committed January 1, 2002 and after resulting in a conviction Offender status Sanction Time period Wis. Statute 1st None** 2nd or subsequent - but none within 5 years of another. IID restriction for Class D operation on occupational license if the court ordered a vehicle owned by the offender equipped with an IID. Duration of occupational license. 343.10(5)(a)3 Court may order IID as restriction on Class D driving privilege. Not less than 1 year nor more than the maximum revocation period for the offense. 343.301(1)(a)1 343.301(1)(b)1 343.305(10m(a) 2nd or subsequent (2 offenses within any 5-year period.) IID restriction for Class D operation on occupational license if the court ordered each vehicle owned by the offender equipped with an IID. Duration of occupational license. 343.10(5)(a)3 Court may order IID as a restriction on Class D driving privilege. Not less than 1 year nor more than the maximum revocation period for the offense. 343.301(1)(a)1 Operation of Class D vehicles is restricted to vehicles equipped with an IID. All vehicles for which the offenders name appears on the title or registration shall be equipped with IID unless they were ordered immobilized or ordered seized. Not less than 1 year nor more than the maximum revocation period for the offense. The time-period starts 1 year from the date of revocation for the offense. 343.301(1)(a)2 343.301(1)(b)2 Hardship exception: If equipping each motor vehicle with an IID would cause an undue financial hardship, the court may order that one or more motor vehicles subject to the IID requirement not be equipped with an IID. 343.301(1)(a)2 ** The Division of Motor Vehicles (DMV) will place the restriction on the occupational license privilege whenever the court orders it. See Trans 117.04(5)(a)2 . (26 KB) Occupational license eligibility OWI offenders with 2 or more offenses within any five-year period are eligible for an occupational license one year from the date of revocation for the offense. Current eligibility criteria apply to multiple offenders with offenses that are not within any five-year period. The Act 109 provisions that change on 1/1/02 do not make any changes in the occupational licensing. For violations committed before September 30, 2001 resulting in a conviction Offender status Occupational license eligibility* Wis. Statute 1st OWI Immediately 343.30(1q)(b)2 343.31(3)(bm)2 2nd OWI (2 within 10 years or 1st offense was NHI or GBH OWI). 60 days from the beginning date of revocation. 343.30(1q)(b)3 343.31(3)(bm)3 3rd or subsequent OWI offense (3 or more in lifetime). 90 days from the beginning date of revocation. 343.30(1q)(b)4 343.31(3)(bm)4 Any OWI offense causing injury (OII). 60 days from the beginning date of revocation. 343.31(3m)(b) All OWI great bodily harm (GBH) OWI homicide (NHI). 120 days from the beginning date of revocation. 343.31(3m)(a) 1st refusal. 30 days from the beginning date of revocation. 343.305(10)(b)2 2nd refusal. 90 days from the beginning date of revocation. 343.305(10)(b)3 3rd & subsequent refusal. 120 days from the beginning date of revocation. 343.305(10)(b)4 For violations committed September 30, 2001 and after resulting in a conviction Offender Status Eligibility* Wis. Statute Same as above unless 2 or more OWI-type offenses occur within any 5 year period. One year from date of revocation. Same as above. *Other driver record criteria may affect eligibility. Return to top All external hyperlinks are provided for your information and for the benefit of the general public.The Wisconsin Department of Transportation does not testify to, sponsor or endorse the accuracy of the information provided on externally linked pages. You will need the Adobe Reader (provided free of charge) to view PDF files. For more informationabout getting your free copy of the Adobe Reader, visit WisDOT's Softwareinformation page. Questions about the content of this page: Bureau of Driver Services, driverrecords.dmv@dot.state.wi.us Last modified: February 28, 2005 Related link: Immobilizations and seizure statistics (1997-2004) (20 KB) Library resources: 0.08 Law in Wisconsin (20 KB) Wisconsin statutes Drivers & Vehicles | Safety | Travel | Plans & Projects | State Patrol | Doing Business | Programs for Local Gov't Air | Bicycles | Bus/transit | Cars | Motorcycles | Pedestrian | Rail | Trucks | Waterways Home | News | About Us | Research & Library | A-Z Index
|
|
DUI / DWI, Drinking 
