Wisconsin Administrative Code › Department of Health Services › DHS 30-100 - Community Services › Chapter DHS 62 - Assessment Of Drivers With Alcohol Or Controlled Substance Problems › Section DHS 62.07 - Assessments and driver safety plans

Current through June 24, 2024
(1) GENERAL
				ASSESSMENT AND DRIVER SAFETY PLAN PROVISIONS.
(a) The assessment facility shall complete
				and submit the intoxicated driver assessment and driver safety plan to the
				Wisconsin department of transportation; the designated coordinator; the driver
				safety plan provider; and the client within 14 calendar days of an order by the
				court or by the Wisconsin department of transportation for an assessment and
				driver safety plan, or voluntary submission of an individual for an assessment
				and driver safety plan. The assessment facility shall obtain the client's
				informed written consent to release information before the assessment and
				driver safety plan are submitted to the parties specified and ensure that the
				assessment findings and the driver safety plan are restricted for use only by
				these parties.
(b) The assessment
				facility and the client may make a written request to the designated
				coordinator for an extension of up to 20 additional working days of the time
				for completing and submitting an assessment and driver safety plan as required
				under par. (a). The designated coordinator shall notify the department of
				transportation upon granting an extension.
Note:
The requirements for completing and
				  distributing the assessment and driver safety plan that is set forth under par.
				  (a), including the specified time limits, are mandated by the legislature under
				  s.
				  343.30(1q)
				  (c) 3, Stats.
(c) Driver safety plan recommendations shall
				be supported by assessment findings, documented on form MV 3633, Driver Safety
				Plan Order, and made in accordance with the policies and procedures established
				by the assessment facility under s.
				DHS
				62.05(1) (a).
Note:
Copies of form MV 3633, Driver Safety Plan
				  Order can be obtained by mailing or faxing a completed form DT1435 to: Maps and
				  Publications Sales, Department of Transportation, P.O. Box 7713, Madison, WI
				  53707-7713. Fax number 608-246-5632. Form DT1435 may be obtained at
http://www.dot.wisconsin.gov/drivers/forms/dt1435.doc
.
(d) Unless amended under sub. (7), driver
				safety plans shall have a termination date that is no longer than one year from
				the date of the client's signature on the driver safety plan.
(e) Each client shall be permitted and
				encouraged to participate in the development of the client's driver safety plan
				and selection of an appropriate plan provider.
(f) The driver safety plan shall be signed
				and dated by the client, stating that the client has reviewed the plan and is
				aware of the plan.
(g) Each driver
				safety plan shall designate one or more driver safety plan providers.
(h) A driver safety plan recommending
				treatment under sub. (5) (b) to (d) shall recommend the least restrictive
				treatment. The screening procedures under s.
				DHS
				75.03(10) may be used to develop the
				driver safety plan recommendation if the finding is one of the findings in sub.
				(4) (b) 2. to 5.
(i) Driver safety
				plans may include an assessor's recommendation for driver licensing action only
				as it relates to a client's use of alcohol or other drugs. Driver safety plans
				may include a recommendation for license denial until plan completion if there
				is a documented reason to believe the client will not participate in the driver
				safety plan to completion or that the client will drive while
				intoxicated.