An Act to amend 343.303 of the statutes; Relating to: the use of oral fluids for preliminary screening of a person suspected of operating a motor vehicle while intoxicated.
Sponsored By: Jesse James (Republican), Howard Marklein (Republican), Cory Tomczyk (Republican), Van Wanggaard (Republican)
Signed by Governor
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Bill Overview
Analyzed Economic Effects
1 provisions identified: 1 benefits, 0 costs, 0 mixed.
Wisconsin officers gain oral-fluid tests for drivers
Wisconsin officers can now request breath, oral-fluid samples, or both for screening before an arrest. They need probable cause of impaired driving or related vehicle crimes, or reason to believe specified commercial-vehicle rules were violated. They can also request screening when they detect alcohol or drugs on someone driving, operating, or on duty with a commercial vehicle. Devices must be approved by the Wisconsin Department of Transportation. Officers can use results to decide on an arrest or further chemical testing. Results cannot be used in court except to support a challenged arrest or show that chemical testing was properly requested or required. Further chemical tests can still be requested or required after screening. Refusing preliminary screening does not trigger the state's general criminal penalty.
Sponsors & Cosponsors
Sponsors
Jesse James
Republican • Senate
Howard Marklein
Republican • Senate
Cory Tomczyk
Republican • Senate
Van Wanggaard
Republican • Senate
Cosponsors
Brent Jacobson
Republican • House
Lindee Brill
Republican • House
Brienne Brown
Democratic • House
Calvin Callahan
Republican • House
Barbara Dittrich
Republican • House
Jodi Emerson
Democratic • House
Rob Kreibich
Republican • House
Paul Melotik
Republican • House
David Murphy
Republican • House
Jerry O'Connor
Republican • House
Lori Palmeri
Democratic • House
William Penterman
Republican • House
Jim Piwowarczyk
Republican • House
Ryan Spaude
Democratic • House
Roll Call Votes
No roll call votes available for this bill.
Actions Timeline
Representative Emerson added as a cosponsor
3/19/2026SenatePublished 3-14-2026
3/13/2026SenateReport approved by the Governor on 3-13-2026. 2025 Wisconsin Act 99
3/13/2026SenatePresented to the Governor on 3-12-2026
3/12/2026SenateRepresentative Brown added as a cosponsor
3/6/2026SenateReport correctly enrolled
2/25/2026SenateLRB correction (Senate Amendment 2)
2/25/2026SenateReceived from Assembly concurred in
2/23/2026SenateOrdered immediately messaged
2/19/2026HouseRead a third time and concurred in
2/19/2026HouseRules suspended
2/19/2026HouseOrdered to a third reading
2/19/2026HouseRead a second time
2/19/2026HouseMade a special order of business at 11:28 AM on 2-19-2026 pursuant to Assembly Resolution 14
2/18/2026HouseReferred to committee on Rules
2/18/2026HouseReceived from Senate
2/18/2026HouseOrdered immediately messaged
2/18/2026SenateRead a third time and passed
2/18/2026SenateRules suspended to give bill its third reading
2/18/2026SenateOrdered to a third reading
2/18/2026SenateSenate Amendment 3 adopted
2/18/2026SenateSenate Amendment 2 adopted
2/18/2026SenateRead a second time
2/18/2026SenatePlaced on calendar 2-18-2026 pursuant to Senate Rule 18(1)
2/17/2026SenateSenate Amendment 3 offered by Senator James
2/16/2026Senate
Bill Text
Senate Amendment 3
2/18/2026
Senate Amendment 2
1/13/2026
Bill Text
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