Wisconsin 2025-2026 Regular Session

Wisconsin Assembly Bill AB681

Introduced
11/26/25  
Refer
11/26/25  
Report Pass
1/22/26  
Refer
1/22/26  

Caption

The use of oral fluids for preliminary screening of a person suspected of operating a motor vehicle while intoxicated.

Impact

The introduction of the capability to test oral fluids is expected to streamline the preliminary screening process for intoxicated driving. By allowing officers to use both breath and oral fluid samples, the bill aims to provide a more comprehensive method for determining potential OWI violations. This is anticipated to improve the accuracy of initial assessments and could lead to more effective enforcement of intoxicated driving laws within Wisconsin.

Summary

Assembly Bill 681 seeks to amend the existing statutory provisions regarding preliminary screening for operating while intoxicated (OWI) infractions. Currently, law enforcement officers can request a breath sample from individuals suspected of committing an OWI violation; however, this bill expands the screening options to include oral fluids. This change aims to enhance the tools available for law enforcement in assessing inebriation and ensuring road safety.

Contention

Some points of contention surrounding AB681 may focus on the implications for individuals' rights and the practicality of using oral fluid tests. There may be concerns about the reliability and accuracy of oral testing compared to breath tests, and whether this increase in testing authority adequately safeguards against potential misuse by law enforcement. Additionally, the legal status and admissibility of results from these preliminary tests in court proceedings may also be debated.

Companion Bills

WI SB678

Crossfiled The use of oral fluids for preliminary screening of a person suspected of operating a motor vehicle while intoxicated.

Previously Filed As

WI SB678

The use of oral fluids for preliminary screening of a person suspected of operating a motor vehicle while intoxicated.

WI HB1119

Operating a motor vehicle while intoxicated.

WI AB856

Repealing unconstitutional provisions related to operating while intoxicated.

WI SB845

Repealing unconstitutional provisions related to operating while intoxicated.

WI A08599

Establishes an oral fluid task force to study and make recommendations on best practices for the testing of oral fluids to determine impairment due to drug intoxication while operating a motor vehicle in the state; replaces the word "saliva" with the term "oral fluid" and relates to the testing of oral fluids.

WI HSB171

A bill for an act relating to medical personnel authorized to withdraw a specimen of blood from a person suspected of operating while intoxicated.(See HF 935.)

WI SB918

Driving under the influence; driving or operating a motor vehicle, etc., while intoxicated.

WI HF935

A bill for an act relating to medical personnel authorized to withdraw a specimen of blood from a person suspected of operating while intoxicated.(Formerly HSB 171.)

WI AB463

Eligibility for an occupational license for individuals with four or more convictions of operating a motor vehicle while intoxicated.

WI SB455

Eligibility for an occupational license for individuals with four or more convictions of operating a motor vehicle while intoxicated.

Similar Bills

No similar bills found.