An Act to repeal 23.33 (4p) (a) 3., 30.684 (1) (c), 343.305 (3) (ar), 343.305 (3) (b) and 350.104 (1) (c); to amend 23.33 (4p) (a) 2. b., 23.33 (4p) (c) 1., 23.33 (4p) (e) 3., 23.33 (13) (b) 2., 23.33 (13) (b) 3., 30.684 (1) (b) 2., 30.684 (3) (a), 30.684 (5) (c), 30.80 (6) (a) 2., 30.80 (6) (a) 3., 30.80 (6) (a) 4., 30.80 (6) (a) 5., 343.305 (2), 343.305 (3) (a), 343.305 (4), 343.305 (5) (a), 343.305 (5) (b), 343.305 (6) (b) 3., 343.305 (8) (c) 1., 343.305 (9) (a) 1., 343.305 (9) (c), 350.104 (1) (b) 2., 350.104 (3) (a), 350.104 (5) (c), 350.11 (3) (a) 2. and 350.11 (3) (a) 3.; to repeal and recreate 343.305 (3) (title) of the statutes; Relating to: repealing unconstitutional provisions related to operating while intoxicated.
Sponsored By: Mark Born (Republican), Barbara Dittrich (Republican), Rick Gundrum (Republican), Joel Kitchens (Republican), David Murphy (Republican), Jeffrey Mursau (Republican), Jerry O'Connor (Republican), William Penterman (Republican), John Spiros (Republican)
Signed by Governor
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Bill Overview
Analyzed Economic Effects
3 provisions identified: 2 benefits, 1 costs, 0 mixed.
Fewer chemical-testing and arrest routes for drivers
The law removes two legal routes officers used to request chemical tests from drivers, including commercial drivers. It also removes the related route allowing an arrest after a test refusal. Officers retain testing authority under the remaining routes. Related rules for test administration, blood draws, and refusal hearings no longer refer to the repealed routes.
Lower test-refusal penalties for recreational operators
Test refusals for all-terrain vehicles, utility terrain vehicles, boats, and snowmobiles no longer carry the same penalties as intoxicated operation. Current refusals no longer trigger specified repeat-offender penalties. For all-terrain and utility terrain vehicles, prior refusal convictions also stop counting toward those penalties. For boats and snowmobiles, prior refusal convictions within five years before arrest still count toward penalties for current intoxicated operation. Off-highway motorcycle refusals remain violations carrying a civil monetary penalty.
Recreational operators face narrower extra-test rights
The law narrows extra chemical-test rights for all-terrain vehicle, utility terrain vehicle, boat, and snowmobile operators. This right requires an arrest for intoxicated operation followed by a request to provide a sample or take a test. An accident causing great bodily harm or death alone no longer gives an operator this right.
Sponsors & Cosponsors
Sponsors
Mark Born
Republican • House
Barbara Dittrich
Republican • House
Rick Gundrum
Republican • House
Joel Kitchens
Republican • House
David Murphy
Republican • House
Jeffrey Mursau
Republican • House
Jerry O'Connor
Republican • House
William Penterman
Republican • House
John Spiros
Republican • House
Cosponsors
Brienne Brown
Democratic • House
Jodi Emerson
Democratic • House
John Jagler
Republican • Senate
Jesse James
Republican • Senate
Howard Marklein
Republican • Senate
Jeff Smith
Democratic • Senate
Lisa Subeck
Democratic • House
Roll Call Votes
No roll call votes available for this bill.
Actions Timeline
Published 4-4-2026
4/3/2026HouseReport approved by the Governor on 4-3-2026. 2025 Wisconsin Act 195
4/3/2026HousePresented to the Governor on 4-2-2026
4/2/2026HouseReport correctly enrolled on 3-23-2026
3/23/2026HouseRepresentative Emerson added as a coauthor
3/19/2026HouseRepresentative Subeck added as a coauthor
3/19/2026HouseReceived from Senate concurred in
3/18/2026HouseOrdered immediately messaged
3/17/2026SenateSenator Smith added as a cosponsor
3/17/2026SenateRead a third time and concurred in
3/17/2026SenateRules suspended to give bill its third reading
3/17/2026SenateOrdered to a third reading
3/17/2026SenateRead a second time
3/17/2026SenatePlaced on calendar 3-17-2026 pursuant to Senate Rule 18(1)
3/16/2026SenatePublic hearing requirement waived by committee on Senate Organization, pursuant to Senate Rule 18 (1m), Ayes 3, Noes 2
3/16/2026SenateRepresentative Brown added as a coauthor
3/6/2026SenateAvailable for scheduling
3/3/2026SenateReport concurrence recommended by Committee on Judiciary and Public Safety, Ayes 8, Noes 0
3/3/2026SenateExecutive action taken
3/3/2026SenateRead first time and referred to committee on Judiciary and Public Safety
2/20/2026SenateReceived from Assembly
2/19/2026SenateOrdered immediately messaged
2/18/2026HouseRead a third time and passed
2/18/2026HouseRules suspended
2/18/2026HouseOrdered to a third reading
2/18/2026House
Bill Text
Assembly Substitute Amendment 2
2/18/2026
Bill Text
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