Read the full stored bill text
Wisconsin Legislature: AB681: Bill Text
Skip navigation
Home
Documents
Senate
Assembly
Committees
Service Agencies
Docs
Options
Help
2025 Biennium
Statutes
Admin. Rules
Indices
Miscellaneous
Archives
Home
Bill, Rule, and Appointment Histories
Senators
Representatives
Committees
Text of Introduced Proposals
Amendment Text
Acts
Veto Messages
Enrolled Bills
Votes
Assembly and Senate Floor Calendars
Schedule of Committee Activities
Assembly and Senate Journals
Committee Records (ROCPs)
Legislative Rules
All Session-Related Documents
Subject Index to Acts
Subject Index to Legislation
Subject Index to Journals
Author Index to Legislation
Subject Index to Clearinghouse Rules
Miscellaneous Budget Documents
Executive Orders
Rulings of the Chair
Wisconsin Supreme Court Rules
Opinions of the Attorney General
Town Law Forms
Law
Districts
Session
Drafting Files
Feeds
Preferences
Show tree
Hide tree
Feedback
Help
Home
Senate Home
Senators
Committees
Session
Chief Clerk
Sergeant at Arms
Civics Education
Human Resources
Assembly Home
Representatives
Committees
Session
Chief Clerk
Sergeant at Arms
Human Resources
Schedule
Joint
Senate
Assembly
Study
Legislative Audit Bureau
Legislative Council
Legislative Fiscal Bureau
Legislative Human Resources Office
Legislative Reference Bureau
Legislative Technology Services Bureau
Menu
»
2025
»
Related Documents
»
Proposal Text
»
AB681: Bill Text
Up
Up
2025 - 2026 LEGISLATURE
LRB-4966/1
ZDW:klm
2025 ASSEMBLY BILL 681
November 26, 2025 - Introduced by Representatives
Dittrich
,
Brill
,
Callahan
,
Kreibich
,
Melotik
,
Murphy
,
O'Connor
,
Penterman
and
Piwowarczyk
, cosponsored by Senators
James
,
Marklein
,
Tomczyk
and
Wanggaard
. Referred to Committee on Criminal Justice and Public Safety.
AB681,1,3
1
An Act
to amend
343.303 of the statutes;
relating to:
the use of oral fluids for
2
preliminary screening of a person suspected of operating a motor vehicle while
3
intoxicated.
Analysis by the Legislative Reference Bureau
Under current law, no person may operate a motor vehicle while under the influence of an intoxicant, with a detectable amount of a restricted controlled substance in their blood, or with a prohibited alcohol concentration (OWI). If a law enforcement officer has probable cause to believe that a person has committed an OWI violation, the officer may request the person to provide a sample of his or her breath for a preliminary breath screening test. The result of this test is not admissible in any action or proceeding except to show probable cause for an arrest or to prove that additional chemical tests are required.
This bill provides that a law enforcement officer may request a sample of a person’s breath or oral fluids, or both, for a preliminary screening for OWI.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
AB681,1
4
Section
1
.
343.303 of the statutes is amended to read:
AB681,2,22
1
343.303
Preliminary
breath
screening test.
If a law enforcement officer
2
has probable cause to believe that the person is violating or has violated s. 346.63
3
(1) or (2m) or a local ordinance in conformity therewith, or s. 346.63 (2) or (6) or
4
940.25 or s. 940.09 where the offense involved the use of a vehicle, or if the officer
5
detects any presence of alcohol, a controlled substance, controlled substance analog
6
or other drug, or a combination thereof, on a person driving or operating or on duty
7
time with respect to a commercial motor vehicle or has reason to believe that the
8
person is violating or has violated s. 346.63 (7) or a local ordinance in conformity
9
therewith, the officer, prior to an arrest, may request the person to provide a sample
10
of his or her breath
or oral fluids, or both,
for a preliminary
breath
screening test
11
using a device approved by the department for this purpose. The result of this
12
preliminary
breath
screening test may be used by the law enforcement officer for
13
the purpose of deciding whether or not the person shall be arrested for a violation of
14
s. 346.63 (1), (2m), (5) or (7) or a local ordinance in conformity therewith, or s.
15
346.63 (2) or (6), 940.09 (1) or 940.25 and whether or not to require or request
16
chemical tests as authorized under s. 343.305 (3). The result of the preliminary
17
breath
screening test shall not be admissible in any action or proceeding except to
18
show probable cause for an arrest, if the arrest is challenged, or to prove that a
19
chemical test was properly required or requested of a person under s. 343.305 (3).
20
Following the screening test, additional tests may be required or requested of the
21
driver under s. 343.305 (3). The general penalty provision under s. 939.61 (1) does
22
not apply to a refusal to take a preliminary
breath
screening test.
AB681,2,23
23
(end)
Down
Down
/2025/related/proposals/ab681
true
proposaltext
/2025/related/proposals/ab681
proposaltext/2025/REG/AB681
proposaltext/2025/REG/AB681
section
true
Menu
»
2025
»
Related Documents
»
Proposal Text
»
AB681: Bill Text
×
Details for
PDF view
Link
(Permanent link)
Bookmark this location
View toggle
Go to top of document
Search in this chapter
Search in this section
Search in this agency
Search in this chapter group
Search in this chapter
Search in this section
Cross references for section
Acts affecting this section
References to this
1970 Statutes Annotations
Appellate Court Citations
Administrative Code Index
Reference lines
Clear highlighting