Assembly Bill 856 aims to amend and repeal various provisions related to operating while intoxicated (OWI) laws in Wisconsin, in response to recent rulings by 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 individuals who were unconscious or unable to consent. Additionally, it modifies the implied consent laws to ensure that probable cause is established before revoking a driver's license for refusing a test, aligning with the court's decision in State v. Blackman.

The bill also updates the informing the accused form that law enforcement officers must read to individuals when requesting a chemical test, reflecting the changes made by the bill. It removes references to penalties for refusing tests related to all-terrain vehicles (ATVs), utility terrain vehicles (UTVs), boats, and snowmobiles, as these provisions were also found unconstitutional. Overall, the bill seeks to ensure that Wisconsin's OWI laws comply with constitutional standards while maintaining public safety.

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)