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Wisconsin Legislature: SB678: Bill Text
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SB678: Bill Text
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2025 - 2026 LEGISLATURE
LRB-5344/1
ZDW:klm
2025 SENATE BILL 678
November 20, 2025 - Introduced by Senators
James
,
Marklein
,
Tomczyk
and
Wanggaard
, cosponsored by Representatives
Dittrich
,
Brill
,
Callahan
,
Kreibich
,
Melotik
,
Murphy
,
O'Connor
,
Penterman
and
Piwowarczyk
. Referred to Committee on Judiciary and Public Safety.
SB678,1,3
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:
SB678,1
4
Section
1
.
343.303 of the statutes is amended to read:
SB678,2,22
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.
SB678,2,23
23
(end)
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