Section 112.05. Alcohol or other drug use.

 

(1)  With respect to a person's chemical use, the review boards when making recommendations, and the department when taking licensing action, may consider all information available on the degree of the person's chemical use.

(2)  The department may require information on a person's functional ability including, but not limited to, the following:

(a) Medical assessment of the person, driver safety plan, driver safety plan final reports concerning the person, or any combination of these information categories, including the following:

1. Hospitalization of the person for chemical abuse or dependency.

2. Outpatient treatment of the person for chemical abuse or dependency.

3. Participation by the person in self-help groups for chemical abuse or dependency.

4. Use of control agents, such as antabuse or methadone by the person.

5. Physician or APNP treatment of the person for chemical abuse or dependency.

(b) The person's driving record, including reports of any of the following:

1. Accidents involving chemical use.

2. Traffic convictions involving chemical use.

(c) Review board recommendations, if any.

(d) Information from other sources about the person's physical and mental health, as affected by chemical use, and any medical problems that may interfere with the person's reasonable and ordinary control over a motor vehicle.

(3)  

(a) A conviction for operating while intoxicated in this section means being convicted of a violation of s. 346.63 (1) or (2) , Stats., or a local ordinance in conformity therewith, or convictions under the law of another jurisdiction that is in substantial conformity with 49 CFR 383.51 (b) (2) (i) or (ii), or both, or that prohibits refusal of chemical testing or use of a motor vehicle while intoxicated or while under the influence of a controlled substance, or a combination thereof, or with an excess of a specified range of alcohol concentration, or under the influence of any drug to a degree that renders the person incapable of safely driving as those or substantially similar terms are used in that jurisdiction, refusals under s. 343.305 (9) , Stats., or revocations under s. 343.305 (10) , Stats.

(b) No person may be issued, renew, or hold a school bus or passenger endorsement if a medical report, assessment or driving record for the person shows:

1. Any operating while intoxicated convictions within the past 2 years.

2. Two operating while intoxicated convictions within the past 3 years.

3. Three or more operating while intoxicated convictions within the past 5 years.

4. The person has evidenced any chemical abuse or dependency within the past year.

5. The person has evidenced any chemical abuse or dependency within the past 2 years, that is not controlled by treatment.

(bm) For purposes of determining eligibility for a passenger endorsement under par. (b) 1. to 3. , the department shall not count violations committed prior to April 1, 1992.

(c) No person may hold any classification of operator's license if the person is diagnosed as suffering from uncontrolled chemical abuse or dependency, as assessed by a physician, APNP or approved public treatment facility.

History: Cr. Register, April, 1991, No. 424 , eff. 5-1-91; am. (3) (b) 4., r. (3) (b) 5., Register, October, 1991, No. 430 , eff. 11-1-91; emerg. cr. (3) (bm), eff. 2-20-92; cr. (3) (bm), Register, June, 1992, No. 438 , eff. 7-1-92; r. (2) (b), renum. (2) (c) to (e) to be (2) (b) to (d); am. (3) (b) 4., cr. (3) (b) 5., Register, June, 1996, No. 486 , eff. 7-1-96; CR 06-099 : am. (2) (a) 5. and (3) (c), Register June 2007 No. 618 , eff. 7-1-07.