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WI SB845
Bill
Status
1/15/2026
Primary Sponsor
Jesse James
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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 a warrant, following the Wisconsin Supreme Court's 2021 ruling in State v. Prado that the provision is unconstitutional
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Requires probable cause of an OWI violation before an officer can request chemical testing in accident cases involving substantial bodily harm, great bodily harm, or death, consistent with the Wisconsin Supreme Court's 2017 holding in State v. Blackman
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Removes criminal penalties for refusing blood tests related to OWI arrests involving ATVs, UTVs, boats, and snowmobiles, reflecting the U.S. Supreme Court's 2016 Birchfield v. North Dakota decision that criminalizing blood test refusals is unconstitutional
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Updates the "informing the accused" form that law enforcement must read to suspected impaired drivers, removing references to accident-based testing and clarifying language about alcohol and drug use
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Applies these constitutional corrections across multiple vehicle types including motor vehicles, all-terrain vehicles, utility terrain vehicles, motorboats, and snowmobiles
Legislative Description
Repealing unconstitutional provisions related to operating while intoxicated.
Last Action
Representative Brown added as a cosponsor
3/6/2026