Bill
Bill > AB681
WI AB681
WI AB681The use of oral fluids for preliminary screening of a person suspected of operating a motor vehicle while intoxicated.
summary
Introduced
11/26/2025
11/26/2025
In Committee
01/22/2026
01/22/2026
Crossed Over
Passed
Dead
Introduced Session
Potential new amendment
2025-2026 Regular Session
Bill Summary
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.
AI Summary
This bill modifies existing Wisconsin law regarding preliminary screening tests for operating a vehicle while intoxicated (OWI). Currently, law enforcement officers can request a breath sample from a person they suspect of driving under the influence, but this bill expands that authority to allow officers to request either a breath sample, an oral fluid sample, or both during a preliminary screening. The purpose of this test remains the same: to help officers determine whether to make an arrest for an OWI violation and whether additional chemical tests are necessary. The test results are still only admissible to show probable cause for an arrest or to prove that further chemical testing is required. The bill does not change the existing provision that refusing to take a preliminary screening test does not carry the general penalty typically associated with test refusals. This change provides law enforcement with more flexibility in conducting initial roadside screenings for potential intoxication, potentially making it easier to identify and prevent impaired driving.
Committee Categories
Justice
Sponsors (13)
Lindee Brill (R)*,
Calvin Callahan (R)*,
Barbara Dittrich (R)*,
Rob Kreibich (R)*,
Paul Melotik (R)*,
Dave Murphy (R)*,
Jerry O'Connor (R)*,
William Penterman (R)*,
Jim Piwowarczyk (R)*,
Jesse James (R),
Howard Marklein (R),
Cory Tomczyk (R),
Van Wanggaard (R),
Last Action
Laid on the table (on 02/19/2026)
Official Document
bill text
bill summary
Loading...
bill summary
Loading...
bill summary
| Document Type | Source Location |
|---|---|
| State Bill Page | https://docs.legis.wisconsin.gov/2025/proposals/reg/asm/bill/ab681 |
| Analysis - LC Amendment Memo | https://docs.legis.wisconsin.gov/document/lcamendmentmemos/2025/REG/AB681.pdf |
| AB681 ROCP for Committee on Criminal Justice and Public Safety | https://docs.legis.wisconsin.gov/2025/related/records/assembly/criminal_justice_and_public_safety/1963892.pdf |
| Assembly Amendment 2 | https://docs.legis.wisconsin.gov/document/amends/2025/REG/AB681-AA2.pdf |
| Assembly Amendment 1 | https://docs.legis.wisconsin.gov/document/amends/2025/REG/AB681-AA1.pdf |
| BillText | https://docs.legis.wisconsin.gov/document/proposaltext/2025/REG/AB681.pdf |
Loading...