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)
Became Law
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Bill Overview
Analyzed Economic Effects
8 provisions identified: 4 benefits, 4 costs, 0 mixed.
Higher repeat penalties for ATVs and bikes
Repeat intoxicated operation on an ATV, UTV, or off‑highway motorcycle now brings tougher, mandatory penalties. If you have one prior within five years, the court fines $300–$1,100 and jails you 5–180 days. If you have two or more priors within five years, the court fines $600–$2,000 and jails you 30–365 days.
Stronger repeat penalties for boating
Boat operators with prior offenses in the last five years face set fines and jail. One prior: $300–$1,000 and 5–180 days in jail. Two priors: $600–$2,000 and 30–365 days. Three priors: $600–$2,000 and 60–365 days. Four or more: $600–$2,000 and 6–12 months in jail.
You can ask for an extra test
After an arrest for intoxicated boating or ATV/UTV operation, or a crash that caused great bodily harm or death, you can ask the test facility for an extra chemical test. You may also pay for a private breath, blood, or urine test by a qualified person. This gives you more testing options.
Officers must read clear test warning
When police request a chemical test, they must read a set notice. It explains what will be tested and that refusal can suspend or revoke operating privileges and be used in court. It says an agency alternative test may be available at no charge and that you may pay for a private test. It also warns about special rules for commercial drivers.
Police must log test requests and info
When officers ask for a chemical test in ATV/UTV, off‑highway motorcycle, or boating cases, records must show if they requested the test and gave the required information. If the request or information was unnecessary, the record must say that. This makes test records clearer and more consistent.
Unconstitutional clauses removed from off-road and boating
The law removes specific testing clauses from ATV/UTV, off‑highway motorcycle, and boating statutes that were unconstitutional or outdated. This cleanup helps standardize testing rules under the updated framework. It does not add new fees.
Refusing a test now penalized across vehicles
If police ask for a chemical test on an ATV/UTV, off‑highway motorcycle, or boat, refusing is a violation. The refusal carries the same penalties and procedures as the intoxicated operation or refusal law for that vehicle. Off‑highway motorcycle refusals may also include a forfeiture.
Stronger implied consent and testing for drivers
If you drive on Wisconsin public highways or are on duty with a commercial motor vehicle, you are deemed to consent to breath, blood, or urine tests when an officer asks. Agencies must be ready to give two of the three tests and can choose the order. Officers can request more than one sample type, and saying yes to one test does not stop another request. The law also deletes two old driver‑testing clauses to fit this framework.
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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