Assembly Bill 681 amends Wisconsin statute 343.303 to expand the preliminary screening options for law enforcement officers when they suspect a person of operating a motor vehicle while intoxicated (OWI). Currently, officers can only request a breath sample for preliminary testing. The bill allows officers to request either a breath sample or a sample of oral fluids, or both, for this purpose. This change aims to enhance the tools available to law enforcement in assessing potential OWI violations.

The bill also clarifies that the results of these preliminary screenings, whether from breath or oral fluids, can be used by officers to determine whether to make an arrest for OWI violations or to request further chemical tests. However, similar to the existing law regarding breath tests, the results of these preliminary screenings will not be admissible in court except to establish probable cause for an arrest or to demonstrate that a chemical test was properly requested. The bill maintains the provision that refusal to take a preliminary screening test does not incur penalties under the general penalty provisions.

Statutes affected:
Bill Text: 343.303