The use of oral fluids for preliminary screening of a person suspected of operating a motor vehicle while intoxicated, the official text

2025 - 2026 LEGISLATURE
LRB-5344/1
ZDW:klm

2025 SENATE BILL 678
November 20, 2025 - Introduced by Senators James, Marklein, Tomczyk and Wanggaard, cosponsored by Representatives Dittrich, Brill, Callahan, Kreibich, Melotik, Murphy, O'Connor, Penterman and Piwowarczyk. Referred to Committee on Judiciary and Public Safety.

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.

Analysis by the Legislative Reference Bureau
Under current law, no person may operate a motor vehicle while under the influence of an intoxicant, with a detectable amount of a restricted controlled substance in their blood, or with a prohibited alcohol concentration (OWI). If a law enforcement officer has probable cause to believe that a person has committed an OWI violation, the officer may request the person to provide a sample of his or her breath for a preliminary breath screening test. The result of this test is not admissible in any action or proceeding except to show probable cause for an arrest or to prove that additional chemical tests are required.
This bill provides that a law enforcement officer may request a sample of a person’s breath or oral fluids, or both, for a preliminary screening for OWI.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
Section 1. 343.303 of the statutes is amended to read:

343.303 Preliminary breath screening test. If a law enforcement officer has probable cause to believe that the person is violating or has violated s. 346.63 (1) or (2m) or a local ordinance in conformity therewith, or s. 346.63 (2) or (6) or 940.25 or s. 940.09 where the offense involved the use of a vehicle, or if the officer detects any presence of alcohol, a controlled substance, controlled substance analog or other drug, or a combination thereof, on a person driving or operating or on duty time with respect to a commercial motor vehicle or has reason to believe that the person is violating or has violated s. 346.63 (7) or a local ordinance in conformity therewith, the officer, prior to an arrest, may request the person to provide a sample of his or her breath or oral fluids, or both, for a preliminary breath screening test using a device approved by the department for this purpose. The result of this preliminary breath screening test may be used by the law enforcement officer for the purpose of deciding whether or not the person shall be arrested for a violation of s. 346.63 (1), (2m), (5) or (7) or a local ordinance in conformity therewith, or s. 346.63 (2) or (6), 940.09 (1) or 940.25 and whether or not to require or request chemical tests as authorized under s. 343.305 (3). The result of the preliminary breath screening test shall not be admissible in any action or proceeding except to show probable cause for an arrest, if the arrest is challenged, or to prove that a chemical test was properly required or requested of a person under s. 343.305 (3). Following the screening test, additional tests may be required or requested of the driver under s. 343.305 (3). The general penalty provision under s. 939.61 (1) does not apply to a refusal to take a preliminary breath screening test.
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