Section 113.03. Law enforcement officer actions and information provided to driver.

  If a person is tested for alcohol concentration in accordance with s. 343.305 , Stats., and test results indicate a prohibited alcohol concentration, the law enforcement officer shall:

(1)  Take possession of the license issued to the person that was issued under ch. 343 , Stats. If the person is operating under a license issued by another jurisdiction, the law enforcement officer shall take possession of that license. The license shall be forwarded to the department. Any valid Wisconsin operator's license may be accepted as a deposit pursuant to s. 345.23 (2) (c) , Stats., prior to being forwarded to the department.

(2)  Provide the person with 2 separate forms as follows:

(a) A notice of intent to suspend which does all of the following:

1. Serves as a 30 day temporary operator's license, provided the person has a valid license status.

2. Notifies the person that his or her operating privilege will be administratively suspended in 30 days.

3. Notifies the person of the right to obtain administrative and judicial review of the suspension.

(b) An administrative review request which contains a section for the person to request an administrative review.

(3)  Within 5 days after the date of the notice of intent to suspend operating privilege, forward the license, if available, a copy of the form used to inform the accused person of Wisconsin's implied consent law; a copy of the arrest report; a copy of the chemical test result that is the basis of the suspension and, if available, the results of any other chemical tests related to the incident; and a copy of the notice of intent to suspend operating privilege to the nearest division of motor vehicles headquarters or, if the offense occurred in Milwaukee, Waukesha or Dane county, to region one motor vehicle headquarters.

(4)  If the information in sub. (3) is provided, the officer need not appear at the administrative review unless subpoenaed under s. 805.07 , Stats.

(5)  If a review is requested and the information required in sub. (3) is not received or postmarked within 5 days after the date of the notice of intent to suspend, the suspension shall be vacated.

(6)  Upon request, copies of the information in sub. (3) shall be provided to the person or his or her representative.

(7)  In addition to the information submitted by the officer, a copy of all intoxilyzer 5000 maintenance reports shall be submitted on a regular basis by the division of state patrol to the location indicated in sub. (3) .

History: Cr. Register, December, 1987, No. 384 , eff. 1-1-88; emerg. am. (4), cr. (4) (b) and (c), eff. 12-30-88; am. (intro.) and (2) (intro.) (3) and (4), renum. (2) (a), (b) and (c) to be (2) (a) 1. to 3., r. (2) (d), cr., (2) (a) (intro.) and (b), Register, January, 1991, No. 421 , eff. 2-1-91; am. (intro.), Register, August, 1993, No. 452 , eff. 9-1-93; am. (3), Register, July, 1995, No. 475 , eff. 8-1-95; correction in (3) made under s. 13.92 (4) (b) 6. , Stats., Register February 2013 No. 686 .