Senate Bill 845 aims to amend and repeal various provisions related to operating while intoxicated (OWI) laws in Wisconsin, aligning them with recent rulings from the U.S. and Wisconsin Supreme Courts. The bill repeals several sections of current law that have been deemed unconstitutional, including the incapacitated driver provision, which allowed for the collection of blood or breath samples from unconscious individuals without consent. It also modifies the implied consent laws, ensuring that probable cause is established before revoking a driver's license for refusing a chemical test. Additionally, the bill updates the informing the accused form that law enforcement officers must read to individuals when requesting a test, reflecting these legal changes.

Key amendments include the removal of penalties associated with refusing to submit to chemical tests for all-terrain vehicles (ATVs), utility terrain vehicles (UTVs), boats, and snowmobiles, as well as adjustments to the penalties for OWI violations. The bill clarifies that a refusal to provide a sample or submit to a chemical test is a violation but no longer carries the same penalties as previous laws. Furthermore, the bill modifies the language used in informing individuals of their rights and the consequences of testing, ensuring clarity and compliance with constitutional standards. Overall, the bill seeks to create a more constitutionally sound framework for handling OWI cases in Wisconsin.

Statutes affected:
Bill Text: 23.33(4p)(a)2.b, 23.33, 23.33(4p)(a)3, 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, 30.684(1)(c), 30.684(3)(a), 30.684(5)(c), 30.80(6)(a)2, 30.80, 30.80(6)(a)3, 30.80(6)(a)4, 30.80(6)(a)5, 343.305(2), 343.305, 343.305(3)(title), 343.305(3)(a), 343.305(3)(ar), 343.305(3)(b), 343.305(4), 343.305(5)(a)