346.63 Operating under influence of intoxicant or other drug. 
346.63(1)       
(1) No person may drive or operate a motor vehicle while:
 
346.63(1)(a)       
(a)  Under the influence of an intoxicant, a controlled substance, a controlled substance analog or any combination of an intoxicant, a controlled substance and a controlled substance analog, under the influence of any other drug to a degree which renders him or her incapable of safely driving, or under the combined influence of an intoxicant and any other drug to a degree which renders him or her incapable of safely driving; or
 
346.63(1)(b)       
(b)  The person has a prohibited alcohol concentration.
 
346.63(1)(c)       
(c)  A person may be charged with and a prosecutor may proceed upon a complaint based upon a violation of par. (a) or (b) or both for acts arising out of the same incident or occurrence.  If the person is charged with violating both pars. (a) and (b), the offenses shall be joined.  If the person is found guilty of both pars. (a) and (b) for acts arising out of the same incident or occurrence, there shall be a single conviction for purposes of sentencing and for purposes of counting convictions under ss. 343.30 (1q) and 343.305.  Paragraphs (a) and (b) each require proof of a fact for conviction which the other does not require.
 
346.63(2)       
(2)
346.63(2)(a)       
(a)  It is unlawful for any person to cause injury to another person by the operation of a vehicle while:
 
346.63(2)(a)1.       
1.  Under the influence of an intoxicant, a controlled substance, a controlled substance analog or any combination of an intoxicant, a controlled substance and a controlled substance analog, under the influence of any other drug to a degree which renders him or her incapable of safely driving, or under the combined influence of an intoxicant and any other drug to a degree which renders him or her incapable of safely driving; or
 
346.63(2)(a)2.       
2.  The person has a prohibited alcohol concentration.
 
346.63(2)(am)       
(am)  A person may be charged with and a prosecutor may proceed upon a complaint based upon a violation of par. (a) 1. or 2. or both for acts arising out of the same incident or occurrence.  If the person is charged with violating par. (a) 1. and 2. in the complaint, the crimes shall be joined under s. 971.12.  If the person is found guilty of par. (a) 1. and 2. for acts arising out of the same incident or occurrence, there shall be a single conviction for purposes of sentencing and for purposes of counting convictions under ss. 343.30 (1q) and 343.305.  Paragraph (a) 1. and 2. each require proof of a fact for conviction which the other does not require.
 
346.63(2)(b)       
(b)  In an action under this subsection, the defendant has a defense if he or she proves by a preponderance of the evidence that the injury would have occurred even if he or she had been exercising due care and he or she had not been under the influence of an intoxicant, a controlled substance, a controlled substance analog or a combination thereof, under the influence of any other drug to a degree which renders him or her incapable of safely driving, or under the combined influence of an intoxicant and any other drug to a degree which renders him or her incapable of safely driving  or did not have a prohibited alcohol concentration described under par. (a) 2.
346.63(2m)       
(2m) If a person has not attained the legal drinking age, as defined in s. 125.02 (8m), the person may not drive or operate a motor vehicle while he or she has an alcohol concentration of more than 0.0 but not more than 0.1.  One penalty for violation of this subsection is suspension of a person's operating privilege under s. 343.30 (1p).  The person is eligible for an occupational license under s. 343.10 at any time.  If a person arrested for a violation of this subsection refuses to take a test under s. 343.305, the refusal is a separate violation and the person is subject to revocation of the person's operating privilege under s. 343.305 (10) (em).
 
346.63(3)       
(3) In this section:
 
346.63(3)(a)       
(a)  "Drive" means the exercise of physical control over the speed and direction of a motor vehicle while it is in motion.
 
346.63(3)(b)       
(b)  "Operate" means the physical manipulation or activation of any of the controls of a motor vehicle necessary to put it in motion.
 
346.63(4)       
(4) If a person is convicted under sub. (1) or a local ordinance in conformity therewith, or sub. (2), the court shall proceed under s. 343.30 (1q).
 
346.63(5)       
(5)
346.63(5)(a)       
(a)  No person may drive or operate a commercial motor vehicle while the person has an alcohol concentration of 0.04 or more but less than 0.1.
 
346.63(5)(b)       
(b)  A person may be charged with and a prosecutor may proceed upon a complaint based on a violation of par. (a) or sub. (1) (a) or both for acts arising out of the same incident or occurrence.  If the person is charged with violating both par. (a) and sub. (1) (a), the offenses shall be joined.  Paragraph (a) and sub. (1) (a) each require proof of a fact for conviction which the other does not require.  If the person is found guilty of violating both par. (a) and sub. (1) (a) for acts arising out of the same incident or occurrence, there shall be a single conviction for purposes of sentencing and for purposes of counting convictions.  Each conviction shall be reported to the department and counted separately for purposes of suspension or revocation of the operator's license and disqualification.
 
346.63(6)       
(6)
346.63(6)(a)       
(a)  No person may cause injury to another person by the operation of a commercial motor vehicle while the person has an alcohol concentration of 0.04 or more but less than 0.1.
 
346.63(6)(b)       
(b)  A person may be charged with and a prosecutor may proceed upon a complaint based upon a violation of par. (a) or sub. (2) (a) 1. or both for acts arising out of the same incident or occurrence.  If the person is charged with violating both par. (a) and sub. (2) (a) 1. in the complaint, the crimes shall be joined under s. 971.12.  If the person is found guilty of violating both par. (a) and sub. (2) (a) 1. for acts arising out of the same incident or occurrence, there shall be a single conviction for purposes of sentencing and for purposes of counting convictions.  Paragraph (a) and sub. (2) (a) 1. each require proof of a fact for conviction which the other does not require.
 
346.63(6)(c)       
(c)  Under par. (a), the person charged has a defense if it appears by a preponderance of the evidence that the injury would have occurred even if he or she had not been under the influence of an intoxicant, a controlled substance, a controlled substance analog or a combination thereof, under the influence of any other drug to a degree which renders him or her incapable of safely driving, or under the combined influence of an intoxicant and any other drug to a degree which renders him or her incapable of safely driving or did not have an alcohol concentration described under par. (a).
 
346.63(7)       
(7)
346.63(7)(a)       
(a)  No person may drive or operate or be on duty time with respect to a commercial motor vehicle under any of the following circumstances:
 
346.63(7)(a)1.       
1.  While having an alcohol concentration above 0.0.
 
346.63(7)(a)2.       
2.  Within 4 hours of having consumed or having been under the influence of an intoxicating beverage, regardless of its alcohol content.
 
346.63(7)(a)3.       
3.  While possessing an intoxicating beverage, regardless of its alcohol content.  This subdivision does not apply to possession of an intoxicating beverage if the beverage is unopened and is manifested and transported as part of a shipment.
 
346.63(7)(b)       
(b)  A person may be charged with and a prosecutor may proceed upon complaints based on a violation of this subsection and sub. (1) (a) or (b) or both, or sub. (1) (a) or (5) (a), or both, for acts arising out of the same incident or occurrence.  If the person is charged with violating this subsection and sub. (1) or (5), the proceedings shall be joined.  If the person is found guilty of violating both this subsection and sub. (1) or (5) for acts arising out of the same incident or occurrence, there shall be a single conviction for purposes of sentencing and for purposes of counting convictions.  This subsection and subs. (1) and (5) each require proof of a fact for conviction which the others do not require.  Each conviction shall be reported to the department and counted separately for purposes of suspension or revocation of the operator's license and disqualification.
 
346.63 - ANNOT.       
       History:   1971 c. 40 s. 93; 1971 c. 219; 1977 c. 193; 1981 c. 20, 184; 1983 a. 74, 459, 521; 1985 a. 32, 337; 1987 a. 3, 27; 1989 a. 105, 275; 1991 a. 277; 1995 a. 436, 448; 1997 a. 27, 252; 1999 a. 85.
 
346.63 - ANNOT.       
       NOTE:  For legislative intent see chapter 20, laws of 1981, section 2051 (13).
 
346.63 - ANNOT.       
       It is no defense that defendant is an alcoholic.  State v. Koller, 60 Wis. 2d 755.
 
346.63 - ANNOT.       
       Evidence that defendant, found asleep in parked car at 12:53 a.m., had driven to the parking place 14 minutes earlier, was sufficient to support conviction for operating a car while intoxicated "at or about 12:53 a.m."  Monroe County v. Kruse, 76 Wis. 2d 126, 250 N.W.2d 375.
 
346.63 - ANNOT.       
       Intent to drive or move motor vehicle is not required to find accused guilty of operating vehicle while under influence of intoxicant.  Milwaukee County v. Proegler, 95 Wis. 2d 614, 291 N.W.2d 608 (Ct. App. 1980).
 
346.63 - ANNOT.       
       Section 346.63 (4), 1979 stats., does not prevent state from introducing corroborating evidence.  State v. Burkman, 96 Wis. 2d 630, 292 N.W.2d 641 (1980).
 
346.63 - ANNOT.       
       First violation of ss. 346.63 (1), 1979 stats., is not a criminal offense.  State v. Schulz, 100 Wis. 2d 329, 302 N.W.2d 59 (Ct. App. 1981).
 
346.63 - ANNOT.       
       Court properly instructed jury that it could infer from a breathalyzer reading of .13% that defendant was intoxicated.  Alcohol absorption rate discussed.  State v. Vick, 104 Wis. 2d 678, 312 N.W.2d 489 (1981).
 
346.63 - ANNOT.       
       Previous conviction for drunk driving is penalty enhancer, not element of crime.  State v. McAllister, 107 Wis. 2d 532, 319 N.W.2d 865 (1982).
 
346.63 - ANNOT.       
       Videotapes of sobriety tests were properly admitted to show physical manifestation of defendant driver's intoxication.  State v. Haefer, 110 Wis. 2d 381, 328 N.W.2d 894 (Ct. App. 1982).
 
346.63 - ANNOT.       
       Sub. (1) (b) is not unconstitutionally vague.  State v. Muehlenberg, 118 Wis. 2d 502, 347 N.W.2d 914 (Ct. App. 1984).
 
346.63 - ANNOT.       
       The rial court abused its discretion by excluding an official blood alcohol chart offered in evidence by an accused driver. State v. Hinz, 121 Wis. 2d 282, 360 N.W.2d 56 (Ct. App. 1984).
346.63 - ANNOT.       
       See note to 939.22, citing State v. Waalen, 130 Wis. 2d 18, 386 N.W.2d 47 (1986).
 
346.63 - ANNOT.       
       Sub. (1) (b) establishes per se rule that it is violation to operate motor vehicle with specified breath alcohol content, regardless of individual's "partition ratio"; provision is constitutional.  State v. McManus, 152 Wis. 2d 113, 447 N.W.2d 654 (1989).
 
346.63 - ANNOT.       
       First offender OMVWI prosecution is civil, and jeopardy does not attach to prevent subsequent criminal prosecution.  State v. Lawton, 167 Wis. 2d 461, 482 N.W.2d 142 (Ct. App. 1992).
 
346.63 - ANNOT.       
       Because there is no privilege under 904.05 (4) (f) for chemical tests for intoxication, results of test taken for diagnostic purposes are admissible in OMVWI trial without patient approval.  City of Muskego v. Godec, 167 Wis. 2d 536, 482 N.W.2d 79 (1992).
 
346.63 - ANNOT.       
       Drawing a blood sample without consent is reasonable when 1) it drawn incident to an arrest, 2) there is a clear indication the desired evidence will be found and 3) exigent circumstances exist.  Rapid dissipation of blood alcohol is an exigent circumstance.  Force allowable in obtaining sample discussed.  State v. Krause, 168 Wis. 2d 578, 484 N.W.2d 347 (Ct. App. 1992).
 
346.63 - ANNOT.       
       Dissipation of alcohol in the bloodstream constitutes a sufficient exigency to justify a warrantless blood draw when made at an officer's direction following an arrest for OWI.  State v. Bohling, 173 Wis. 2d 529, 494 N.W.2d 399 (1993).
 
346.63 - ANNOT.       
       Where municipal court found defendant guilty of OWI and dismissed a blood alcohol count charge without finding guilt, the defendant's appeal of the OWI conviction under s. 800.14 (1) did not give the circuit court jurisdiction to here the BAC charge absent an appeal of the dismissal.  Town of Menasha v. Bastian, 178 Wis. 2d 191, 503 N.W.2d 382 (Ct. App. 1993).
 
346.63 - ANNOT.       
       Two or more prior convictions are an element of sub. (1) (b), and evidence must be presented to prove the same regardless of the potential prejudice arising from evidence of prior convictions. State v. Ludeking, 195 Wis. 2d 132, 536 N.W.2d 392 (Ct. App. 1995).   
 
346.63 - ANNOT.       
       Failure to timely notify a person of the right to an alternative blood alcohol test does not affect the presumption of the validity of a properly given blood test and is not grounds for suppressing the test results.  County of Dane v. Granum, 203 Wis. 2d 252, 551 N.W.2d 859 (Ct. App. 1996). 
 
346.63 - ANNOT.       
       A request to perform field sobriety tests does not convert an otherwise lawful investigatory stop into an arrest requiring probable cause.  County of Dane v. Campshure, 204 Wis. 2d 27, 552 N.W.2d 876 (Ct. App. 1996)
 
346.63 - ANNOT.       
       Immobility of a vehicle does not preclude a finding that the vehicle was being operated.  Movement is not necessary for operation.  State v. Modory, 204 Wis. 2d 538, 555 N.W.2d 399 (Ct. App. 1996).
 
346.63 - ANNOT.       
       Criminal prosecution for operating a motor vehicle with a prohibited blood alcohol content subsequent to administrative suspension of a driver's operating privileges does not constitute multiple punishment and therefore does not constitute double jeopardy.  State v. McMaster, 206 Wis. 2d 30, 556 N.W.2d 673 (1996).
 
346.63 - ANNOT.       
       Evidence of a refusal which follows an inadequate warning under s. 343.305 (4) violates due process, but admission is subject to harmless error analysis.  State v. Schirmang, 210 Wis. 2d 325, 565 N.W.2d 225 (Ct. App. 1997).
 
346.63 - ANNOT.       
       A defendant's refusal to submit to a field sobriety test is not protected by the right against self-incrimination and is admissible as evidence.  State v. Mallick, 210 Wis. 2d 428, 565 N.W.2d 245 (Ct. App. 1997).
 
346.63 - ANNOT.       
       Admitting any evidence of prior convictions and submitting the element of the defendant's status as a prior offender to the jury when the defendant admitted to the element was an erroneous exercise of discretion.  While prior convictions are an element of the offense, admitting evidence of that element may not be proper.  State v. Alexander, 214 Wis. 2d 627, 571 N.W.2d 662 (1997).
 
346.63 - ANNOT.       
       Upon conviction for drunk driving, probation may be granted only pursuant to 972.13 (2) and 973.09.  60 Atty. Gen. 271.
 
346.63 - ANNOT.       
       First offense violations of (1) (a) are assimilated under federal Assimilative Crimes Act when committed on federal enclave.  U.S. v. Manning, 700 F Supp. 1001 (W.D. Wis. 1988).
 
346.63 - ANNOT.       
       Offense definition in Wisconsin's impaired driving statutes.  Hammer.  69 MLR 165 (1986).
 
346.63 - ANNOT.       
       Alcohol and other drugs in Wisconsin drivers:  The laboratory perspective.  Field.  69 MLR 235 (1986).
 
346.63 - ANNOT.       
       Effective use of expert testimony in the defense of drunk driving cases.  Olson, WBB December 1981.
 
346.63 - ANNOT.       
       The new OMVWI law:  Wisconsin changes its approach to the problem of drinking and driving.  Hammer, WBB April, May 1982.
 
346.63 - ANNOT.       
       Double Jeopardy: A New Tool in the Arsenal of Drunk Driving Defenses.  Sines & Ekman.  Wis. Law. Dec. 1995.
 
346.635       
346.635 Report arrest or out-of-service order to department.  Whenever a law enforcement officer arrests a person for a violation of s. 346.63 (1), (5) or (7), or a local ordinance in conformity therewith, or s. 346.63 (2) or (6) or 940.25, or s. 940.09 where the offense involved the use of a vehicle, the officer shall notify the department of the arrest and of issuance of an out-of-service order under s. 343.305 (7) (b) or (9) (am) as soon as practicable.
 
346.635 - ANNOT.       
       History:   1981 c. 20; 1989 a. 105.
 
346.637       
346.637 Driver awareness program.  The department shall conduct a campaign to educate drivers in this state concerning:
 
346.637(1)       
(1) The laws relating to operating a motor vehicle and drinking alcohol, using controlled substances or controlled substance analogs, or using any combination of alcohol, controlled substances and controlled substance analogs.
 
346.637(2)       
(2) The effects of alcohol, controlled substances or controlled substance analogs, or the use of them in any combination, on a person's ability to operate a motor vehicle.
 
346.637 - ANNOT.       
       History:   1981 c. 20; 1995 a. 448.
 
346.64       
346.64 Employment of drunken operators. 
346.64(1)       
(1) No person who owns or has direct control of a commercial motor vehicle or any vehicle operated upon a highway for the conveyance of passengers for hire shall employ as an operator of such vehicle and retain in the person's employment any person who is addicted to the excessive use of intoxicating liquor or to the use of a controlled substance or controlled substance analog under ch. 961.  In addition to being subject to fine or imprisonment as prescribed by law, such person shall forfeit $5 for each day such operator is retained in the person's employ.
346.64(2)       
(2) Upon conviction of an operator of a commercial motor vehicle or any vehicle operated for the conveyance of passengers for hire, for driving or operating such vehicle while under the influence of an intoxicant, the owner or person having direct control of such vehicle shall discharge such operator from such employment.  No person shall employ or retain in employment as an operator of a commercial motor vehicle or a vehicle operated upon a highway for the conveyance of passengers for hire any person who has been so convicted within the preceding 6-month period or any person during a period of disqualification under s. 343.315, unless s. 343.055 (2) applies.  In addition to being subject to fine or imprisonment as prescribed by law, such person shall forfeit $5 for each day such operator is retained in the person's employ contrary to the provisions of this subsection.
 
346.64 - ANNOT.       
       History:   1971 c. 219; 1989 a. 105, 359; 1995 a. 448.
 
346.65       
346.65 Penalty for violating sections 346.62 to 346.64. 
346.65(1)       
(1) Except as provided in sub. (5m), any person who violates s. 346.62 (2):
 
346.65(1)(a)       
(a)  May be required to forfeit not less than $25 nor more than $200, except as provided in par. (b).
 
346.65(1)(b)       
(b)  May be fined not less than $50 nor more than $500 or imprisoned for not more than one year in the county jail or both if the total of convictions under s. 346.62 (2) or a local ordinance in conformity therewith or a law of a federally recognized American Indian tribe or band in this state in conformity with s. 346.62 (2) equals 2 or more in a 4-year period.  The 4-year period shall be measured from the dates of the violations which resulted in the convictions.
 
346.65(2)       
(2) Any person violating s. 346.63 (1):
 
346.65(2)(a)       
(a)  Shall forfeit not less than $150 nor more than $300, except as provided in pars. (b) to (f).
 
346.65(2)(b)       
(b)  Except as provided in  par. (f), shall be fined not less than $350 nor more than $1,100 and imprisoned for not less than 5 days nor more than 6 months if the number of convictions under ss. 940.09 (1) and 940.25 in the person's lifetime, plus the total number of suspensions, revocations and other convictions counted under s. 343.307 (1) within a 10-year period, equals 2, except that suspensions, revocations or convictions arising out of the same incident or occurrence shall be counted as one.
 
346.65(2)(c)       
(c)  Except as provided in pars. (f) and (g), shall be fined not less than $600 nor more than $2,000 and imprisoned for not less than 30 days nor more than one year in the county jail if the number of convictions under ss. 940.09 (1) and 940.25 in the person's lifetime, plus the total number of suspensions, revocations and other convictions counted under s. 343.307 (1), equals 3, except that suspensions, revocations or convictions arising out of the same incident or occurrence shall be counted as one.
 
346.65(2)(d)       
(d)  Except as provided in pars. (f) and (g), shall be fined not less than $600 nor more than $2,000 and imprisoned for not less than 60 days nor more than one year in the county jail if the number of convictions under ss. 940.09 (1) and 940.25 in the person's lifetime, plus the total number of suspensions, revocations and other convictions counted under s. 343.307 (1), equals 4, except that suspensions, revocations or convictions arising out of the same incident or occurrence shall be counted as one.
 
346.65(2)(e)       
(e)  Except as provided in pars. (f) and (g), shall be fined not less than $600 nor more than $2,000 and imprisoned for not less than 6 months nor more than 5 years if the number of convictions under ss. 940.09 (1) and 940.25 in the person's lifetime, plus the total number of suspensions, revocations and other convictions counted under s. 343.307 (1), equals 5 or more, except that suspensions, revocations or convictions arising out of the same incident or occurrence shall be counted as one.
 
346.65(2)(f)       
(f)  If there was a minor passenger under 16 years of age in the motor vehicle at the time of the violation that gave rise to the conviction under s. 346.63 (1), the applicable minimum and maximum forfeitures, fines or imprisonment under par. (a), (b), (c), (d) or (e) for the conviction are doubled.  An offense under s. 346.63 (1) that subjects a person to a penalty under par. (c), (d) or (e) when there is a minor passenger under 16 years of age in the motor vehicle is a felony and the place of imprisonment shall be determined under s. 973.02.
 
346.65(2)(g)       
(g) 
346.65(2)(g)1.       
1.  If a person convicted had an alcohol concentration of 0.17 to 0.199, the applicable minimum and maximum fines under pars. (c) to (e) are doubled.
 
346.65(2)(g)2.       
2.  If a person convicted had an alcohol concentration of 0.20 to 0.249, the applicable minimum and maximum fines under pars. (c) to (e) are tripled.
 
346.65(2)(g)3.       
3.  If a person convicted had an alcohol concentration of 0.25 or above, the applicable minimum and maximum fines under pars. (c) to (e) are quadrupled.
 
346.65(2c)       
(2c) In sub. (2) (b) to (e), the time period shall be measured from the dates of the refusals or violations that resulted in the revocation or convictions.  If a person has a suspension, revocation or conviction for any offense under a local ordinance or a state statute of another state that would be counted under s. 343.307 (1), that suspension, revocation or conviction shall count as a prior suspension, revocation or conviction under sub. (2) (b) to (e).
 
346.65(2e)       
(2e) If the court determines that a person does not have the ability to pay the costs and fine or forfeiture imposed under sub. (2) (a), (b), (c), (d), (e), (f) or (g), the court may reduce the costs, fine and forfeiture imposed and order the person to pay, toward the cost of the assessment and driver safety plan imposed under s. 343.30 (1q) (c), the difference between the amount of the reduced costs and fine or forfeiture and the amount of costs and fine or forfeiture imposed under sub. (2) (a), (b), (c), (d), (e), (f) or (g).
 
346.65(2g)       
(2g)
346.65(2g)(a)       
(a)  In addition to the authority of the court under s. 973.05 (3) (a) to provide that a defendant perform community service work for a public agency or a nonprofit charitable organization in lieu of part or all of a fine imposed under sub. (2) (b) to (g) and except as provided in par. (ag), the court may provide that a defendant perform community service work for a public agency or a nonprofit charitable organization in lieu of part or all of a forfeiture under sub. (2) (a) or may require a person who is subject to sub. (2) to perform community service work for a public agency or a nonprofit charitable organization in addition to the penalties specified under sub. (2).
 
346.65(2g)(ag)       
(ag)  If the court determines that a person does not have the ability to pay a fine imposed under sub. (2) (b) to (g), the court shall require the defendant to perform community service work for a public agency or a nonprofit charitable organization in lieu of paying the fine imposed or, if the amount of the fine was reduced under sub. (2e), in lieu of paying the remaining amount of the fine.  Each hour of community service performed in compliance with an order under this paragraph shall reduce the amount of the fine owed by an amount determined by the court.
 
346.65(2g)(am)       
(am)  Notwithstanding s. 973.05 (3) (b), an order under par. (a) or (ag) may only apply if agreed to by the organization or agency.  The court shall ensure that the defendant is provided a written statement of the terms of the community service order and that the community service order is monitored.  Any organization or agency acting in good faith to which a defendant is assigned pursuant to an order under this subsection has immunity from any civil liability in excess of $25,000 for acts or omissions by or impacting on the defendant.  The issuance or possibility of the issuance of a community service order under this subsection does not entitle an indigent defendant who is subject to sub. (2) (a) to representation by counsel under ch. 977.
 
346.65(2g)(b)       
(b)  The court may require a person ordered to perform community service work under par. (a) or (ag), or under s. 973.05 (3) (a) if that person's fine resulted from violating s. 346.63 (2), 940.09 (1) or 940.25, to participate in community service work that demonstrates the adverse effects of substance abuse or of operating a vehicle while under the influence of an intoxicant or other drug, including working at an alcoholism treatment facility approved under s. 51.45, an emergency room of a general hospital or a driver awareness program under s. 346.637.  The court may order the person to pay a reasonable fee, based on the person's ability to pay, to offset the cost of establishing, maintaining and monitoring the community service work ordered under this paragraph.  If the opportunities available to perform community service work are fewer in number than the number of defendants eligible under this subsection, the court shall, when making an order under this paragraph, give preference to defendants who were under 21 years of age at the time of the offense.  All provisions of par. (am) apply to any community service work ordered under this paragraph.
 
346.65(2g)(c)       
(c)  If there was a minor passenger under 16 years of age in the motor vehicle or commercial motor vehicle at the time of the violation that gave rise to the conviction, the court may require a person ordered to perform community service work under par. (a) or (ag), or under s. 973.05 (3) (a) if that person's fine resulted from violating s. 346.63 (2), (5) (a) or (6) (a), 940.09 (1) or 940.25, to participate in community service work that benefits children or that demonstrates the adverse effects on children of substance abuse or of operating a vehicle while under the influence of an intoxicant or other drug.  The court may order the person to pay a reasonable fee, based on the person's ability to pay, to offset the cost of establishing, maintaining and monitoring the community service work ordered under this paragraph.
 
346.65(2i)       
(2i) In addition to the authority of the court under sub. (2g) and s. 973.05 (3) (a), the court may order a defendant subject to sub. (2), or a defendant subject to s. 973.05 (3) (a) who violated s. 346.63 (2), 940.09 (1) or 940.25, to visit a site that demonstrates the adverse effects of substance abuse or of operating a vehicle while under the influence of an intoxicant or other drug, including an alcoholism treatment facility approved under s. 51.45 or an emergency room of a general hospital in lieu of part or all of any forfeiture imposed or in addition to any penalty imposed.  The court may order the defendant to pay a reasonable fee, based on the person's ability to pay, to offset the costs of establishing, maintaining and monitoring the visits ordered under this subsection.  The court may order a visit to the site only if agreed to by the person responsible for the site.  If the opportunities available to visit sites under this subsection are fewer than the number of defendants eligible for a visit, the court shall, when making an order under this subsection, give preference to defendants who were under 21 years of age at the time of the offense.  The court shall ensure that the visit is monitored.  A visit to a site may be ordered for a specific time and a specific day to allow the defendant to observe victims of vehicle accidents involving intoxicated drivers.  If it appears to the court that the defendant has not complied with the court order to visit a site or to pay a reasonable fee, the court may order the defendant to show cause why he or she should not be held in contempt of court.  Any organization or agency acting in good faith to which a defendant is assigned pursuant to an order under this subsection has immunity from any civil liability in excess of $25,000 for acts or omissions by or impacting on the defendant.  The issuance or possibility of the issuance of an order under this subsection does not entitle an indigent defendant who is subject to sub. (2) (a) to representation by counsel under ch. 977.
 
346.65(2j)       
(2j) Any person violating s. 346.63 (5):
 
346.65(2j)(a)       
(a)  Shall forfeit not less than $150 nor more than $300 except as provided in par. (b), (c) or (d).
 
346.65(2j)(b)       
(b)  Except as provided in par. (d), shall be fined not less than $300 nor more than $1,000 and imprisoned for not less than 5 days nor more than 6 months if the number of prior convictions under ss. 940.09 (1) and 940.25 in the person's lifetime, plus the total number of other convictions, suspension and revocations counted under s. 343.307 (2) within a 10-year period, equals 2.
 
346.65(2j)(c)       
(c)  Except as provided in par. (d), shall be fined not less than $600 nor more than $2,000 and imprisoned for not less than 30 days nor more than one year in the county jail 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 (2), equals 3 or more.