2008AP3144-CR State v. Carter

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Motor Vehicles
OWI; prior convictions

Prior suspensions of a driver’s operating privilege under another state’s ‘zero tolerance’ law are convictions within the meaning of secs. 343.307(1)(d) and 340.01(9r). “In examining the run-on list in Wis. Stat. § 343.307(1)(d), we conclude that the phrase ‘with an excess or specified range of alcohol concentration’ modifies the phrase ‘using a motor vehicle,’ not the phrase ‘using a motor vehicle while intoxicated or under the influence of a controlled substance or controlled substance analog, or a combination thereof.’ Thus, this part of the statute should be read as follows: convictions under the law of another jurisdiction that prohibits a person from using a motor vehicle with an excess or specified range of alcohol concentration. This interpretation comports with the text (and its punctuation) and fulfills the objectives of the OWI statutes to prohibit both operating while intoxicated and operating when tests show a prohibited alcohol concentration in excess of that permitted by statute.”

Reversed.

2008AP3144-CR State v. Carter

Abrahamson, C.J.

Attorneys: For Appellant: Kuhary, Craig M., Waukesha; For Respondent: Koss, Phillip A., Elkhorn; Madson, Steven J., Elkhorn; Sanders, Michael C., Madison

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