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WI AB856
Bill
Status
2/18/2026
Primary Sponsor
John Spiros
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AI Summary
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Repeals the "incapacitated driver provision" that allowed blood, breath, or urine samples to be collected from unconscious drivers without consent, following the Wisconsin Supreme Court's 2021 ruling in State v. Prado that found it unconstitutional
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Removes provisions criminalizing refusal to submit to blood tests for OWI violations involving ATVs, UTVs, boats, and snowmobiles, consistent with the U.S. Supreme Court's Birchfield v. North Dakota ruling that criminalizing blood test refusals is unconstitutional
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Requires probable cause of an OWI violation before an operating license can be revoked for refusing a chemical test, codifying the Wisconsin Supreme Court's 2017 holding in State v. Blackman
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Updates the "informing the accused" form that law enforcement must read when requesting chemical test samples to reflect the statutory changes
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Applies changes consistently across motor vehicles, all-terrain vehicles, utility terrain vehicles, boats, and snowmobiles
Legislative Description
Repealing unconstitutional provisions related to operating while intoxicated.
Last Action
Placed on calendar 3-17-2026 pursuant to Senate Rule 18(1)
3/16/2026