Section 107.09. Departmental review.

 

(1)  In accordance with s. 343.30 (1q) (d) or 343.305 (10) (d) , Stats., a person may request in writing within 10 days of license suspension, a review of license suspension for not complying with a driver safety plan as a result of a court ordered or department ordered assessment.

(2)  The review shall be conducted by the review unit.

(3)  The issues of the review shall be limited to:

(a) Whether the person is in compliance with the driver safety plan, and

(b) Whether the driver safety plan is appropriate.

(4)  

(a) The department shall conduct a review of an assessment, driver safety plan, or amended driver safety plan upon receipt of a written request for review under s. 343.30 (1q) (d) or 343.305 (10) (d) , Stats. The review shall be completed within 10 business days of receipt of the request by the department.

(am) The driver assessment and required driver safety plan shall be found to be appropriate if the diagnostic or certainty level of symptoms identified on the assessment report of physiological, behavioral, psychological or attitudinal symptoms, supports the assessment findings made by the assessor on department forms as follows:

1. `Chemical dependency.' An assessment finding of chemical dependency is appropriate if assessment shows the presence of any of the following:

a. One or more level 1 indicators of physiological dependency from the major criteria.

b. One or more level 1 indicators of dependency from the psychological, attitudinal or behavioral minor or major criteria are present together with 3 or more level 2 indicators of any type.

2. `Suspected chemical dependency.' An assessment finding of suspected chemical dependency is appropriate if assessment shows 5 or more level 2 indicators of any type from the minor and major criteria.

3. `Borderline chemical abuse.' An assessment finding of borderline chemical abuse is appropriate if assessment shows any of the following:

a. One level 1 indicator of substance problems from the psychological, attitudinal or behavioral criteria.

b. Three or 4 level 2 indicators of any type are present together with any level 3 indicators of any type.

4. `Chemical abuse.' An assessment finding of chemical abuse is appropriate if assessment shows any of the following:

a. An absence of level 1 indicators and some level 2 or 3 indicators, but fewer level 2 and 3 indicators than are needed to justify a finding of chemical dependency, suspected chemical dependency or borderline chemical abuse.

b. A conviction for OWI.

(b) The department shall consider the following in determining the appropriateness of a driver safety plan:

1. A finding of chemical abuse does not support in-patient treatment or extensive out-patient treatment.

2. A finding of suspected alcohol dependency does not support in-patient treatment.

3. A finding of chemical abuse does support educational program recommendations.

4. A finding of suspected chemical dependency does support out-patient treatment or a combination of education and out-patient treatment.

5. A finding of chemical dependency does support in-patient treatment, extensive outpatient treatment, or combination of treatment.

6. A finding of borderline chemical abuse does support short term outpatient individual or group counseling, or a combination of education and outpatient counseling.

(c) A driver safety plan shall be considered inappropriate if it is a program in another state that does not meet the standards of sub. (9) .

(5)  When the driver safety plan is found to be appropriate, the suspension shall remain in effect until notification from a county department that the person is complying with the driver safety plan received by the department and the person has paid the reinstatement fee(s) required by s. 343.21 (1) (j) , Stats.

(6)  When the driver safety plan is found to be inappropriate or the person is found to be in compliance with the driver safety plan, the suspension shall be released under the provisions of s. 343.39 (1) (c) and (2) , Stats., and the fee specified in s. 343.21 (1) (j) , Stats., shall not be charged for reinstatement of the license, under the provisions of s. 343.30 (1q) (d) or 343.305 (10) (d) , Stats., and

(7)  When the driver safety plan is found to be inappropriate by the department or a court, the person shall be required to furnish the department with another assessment and driver safety plan within 30 days under s. 343.30 (1q) (d) or 343.305 (10) (d) , Stats.

(8)  Under s. 343.30 (1q) (d) or 343.305 (10) (d) , Stats., the department shall grant a delay in the review decision at the written request of the person seeking the review.

(9)  A driver safety plan recommending treatment in another state is acceptable if approved by the county department or another state's program, it includes an examination of the driver's chemical abuse or dependency level, and it recommends an individualized plan or a program of education or treatment.

History: Cr. Register, November, 1982, No. 323 , eff. 12-1-82; am. (5), Register, March, 1984, No. 339 , eff. 4-1-84; am. (1), (3) (a), (5), (8) and (9), Register, September, 1986, No. 369 , eff. 10-1-86; am. (1), (4) (intro.), (6) to (8), Register, May, 1988, No. 389 , eff. 6-1-88; am. (4) (a), (b) (intro.), 1. to 4., (7) and (9), cr. (4) (d), Register, June, 1993, No. 450 , eff. 7-1-93; r. and recr. (4) (intro.), (a), (b) (intro.), cr. (4) (b) 6., r. (4) (c), renum. (4) (d) to be (c) and am., Register, September, 1996, No. 489 , eff. 10-1-96 ; reprinted to correct error in (4) (b) 6., Register, December, 1996, No. 492 .

Note

The Wisconsin Assessment of the Impaired Driver, form MV3649, and the Order For Assessment and Driver Safety Plan Report, form MV3634, refer to "chemical abuse" and "borderline chemical abuse" as "Irresponsible Substance Use" and "Irresponsible Substance Use - Borderline." The form refers to the criteria in s. Trans 107.09(4)(am)4. as "insufficient evidence for a progressive pattern of substance abuse." Microsoft Windows NT 6.1.7601 Service Pack 1