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Bills from the 2025–26 session

Senate Bill 845

Repealing unconstitutional provisions related to operating while intoxicated

Topics: Drunken driving, Implied consent or alcohol concentration, Police, Recreation vehicle

Stopped before the full Senate voted

The recommended passing it, but the full Senate never voted on it. The last day for votes this session was Mar 19, 2026. To try again, a lawmaker would have to start a new bill.

  1. Introduced, passed

    Jan 15, 2026

  2. Committee, passed

    Approved

  3. Senate vote, stopped here

    Stopped here. The full Senate never voted on it.

  4. Assembly vote, not reached

  5. Governor, not reached

  6. Law, not reached

Latest entry in the official record, Mar 23, 2026: “Failed to pass pursuant to ⁠”

Read the bill

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The same bill was also filed in the Assembly as AB 856. That version became law.

What it would have done

Summary by the , the Legislature's nonpartisan drafting office. It's their wording, not ours.

This bill modifies numerous provisions relating to operating a motor vehicle while intoxicated (OWI) to reflect holdings of the supreme courts of the United States and Wisconsin.

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. Under current law, any person who operates a motor vehicle on public highways in this state is deemed to have given consent to one or more tests of their breath, blood, or urine, for the purpose of determining the presence or quantity in their blood or breath, of alcohol, controlled substances, controlled substance analogs, or other drugs (commonly known as “implied consent”).

Read the full summary

Under current law, if a person is involved in a motor vehicle accident that causes substantial bodily harm, great bodily harm, or death and a law enforcement officer detects the presence of alcohol, controlled substances, controlled substance analogs, or other drugs, the person may be requested to provide one or more samples of their blood, breath, or urine for testing. If the person refuses, their operating privilege must be revoked. In State v. Blackman, 2017 WI 77, 377 Wis. 2d 339, 898 N.W.2d 774, the Wisconsin Supreme Court held that probable cause of an OWI violation is a prerequisite to revocation of an operating license for a refusal. The bill modifies provisions consistent with this holding.

Under current law, a person who would be requested to provide samples for testing but who is unconscious or otherwise not capable of withdrawing consent is presumed not to have withdrawn consent and one or more samples may be collected (commonly known as the “incapacitated driver provision”). In State v. Prado , 2021 WI 64, 397 Wis. 2d 719, 960 N.W.2d 869, the Wisconsin Supreme Court held that the incapacitated driver provision is unconstitutional. The bill repeals provisions consistent with this holding.

Under current law, there are separate but analogous implied consent and incapacitated driver provisions applicable to all-terrain vehicles (ATVs), utility terrain vehicles (UTVs), boats, and snowmobiles. Pursuant to Prado, these provisions are repealed. In addition, if a person refuses to submit to a test of their breath, blood, or urine related to their operation of an ATV, UTV, boat, or snowmobile, they are subject to a criminal penalty. In Birchfield v. North Dakota , 579 U.S. 438, 136 S. Ct. 2160, the U.S. Supreme Court held that it is unconstitutional to criminalize a refusal to submit to a blood test incident to arrest for an OWI violation. The bill modifies relevant provisions to reflect this holding.

The bill also modifies the text of the “informing the accused” form, which a law enforcement officer must read to a person from whom a test sample is requested, in part to reflect changes made by the bill.

Who's behind it

3 senators are its ⁠. All 3 are Republicans.

12 more lawmakers ⁠.

See all 15 names

Authors (3)

Signed on in support (12)

Versions and amendments

Every text the Legislature printed for this bill, including proposed changes. Each opens on the Legislature's site.

How lawmakers voted

There were 2 votes on this bill.

Senate Committee on Judiciary and Public Safety vote on an amendment

Passed, 8 to 0 · Mar 3, 2026

No member-by-member record exists for this vote. Committee votes and some older sessions record totals only.

Official motion: “Report adoption of Senate Amendment 1 recommended by Committee on Judiciary and Public Safety, Ayes 8, Noes 0”. Official record · This vote on its own page

Senate Committee on Judiciary and Public Safety vote to recommend it

Passed, 8 to 0 · Mar 3, 2026

No member-by-member record exists for this vote. Committee votes and some older sessions record totals only.

Official motion: “Report passage as amended recommended by Committee on Judiciary and Public Safety, Ayes 8, Noes 0”. Official record · This vote on its own page

What happened

  1. Mar 23, 2026

    The session ended, and the bill died with it.

  2. Mar 6, 2026 to Mar 19, 2026

    3 more representatives signed on in support.

  3. Mar 3, 2026

    The committee voted to recommend passing it, 8 to 0.

  4. Mar 3, 2026

    “Report adoption of Senate Amendment 1 recommended by Committee on Judiciary and Public Safety, Ayes 8, Noes 0” (the official wording)

  5. Feb 17, 2026

    The committee held a public hearing.

  6. Jan 15, 2026

    Sent to the Senate Committee on Judiciary and Public Safety.

  7. Jan 15, 2026

    Introduced in the Senate.

See the official record, word for word
  1. Jan 15, 2026 · Senate

    Introduced by Senators James, Jagler and Marklein; cosponsored by Representatives Spiros, Born, Dittrich, Gundrum, Kitchens, Murphy, Mursau, O'Connor and Penterman

  2. Jan 15, 2026 · Senate

    Read first time and referred to Committee on Judiciary and Public Safety

  3. Jan 28, 2026 · Senate

    Senate Amendment 1 offered by Senator James

  4. Feb 17, 2026 · Senate

    Public hearing held

  5. Mar 3, 2026 · Senate

    Executive action taken

  6. Mar 3, 2026 · Senate

    Report adoption of Senate Amendment 1 recommended by Committee on Judiciary and Public Safety, Ayes 8, Noes 0

  7. Mar 3, 2026 · Senate

    Report passage as amended recommended by Committee on Judiciary and Public Safety, Ayes 8, Noes 0

  8. Mar 3, 2026 · Senate

    Available for scheduling

  9. Mar 6, 2026 · Senate

    Representative Brown added as a cosponsor

  10. Mar 19, 2026 · Senate

    Representative Subeck added as a cosponsor

  11. Mar 19, 2026 · Senate

    Representative Emerson added as a cosponsor

  12. Mar 23, 2026 · Senate

    Failed to pass pursuant to Senate Joint Resolution 1

Terms on this page

Committee

A small group of lawmakers that looks at a bill first. Most bills never leave committee.

More in the glossary

Senate Joint Resolution 1

The session's calendar. Any bill not passed by its last voting day dies.

Official term: Failed to pass pursuant to SJR 1. More in the glossary

Legislative Reference Bureau

The Legislature's nonpartisan office that drafts bills and writes the summary at the top of each one.

Official term: LRB analysis. More in the glossary

Author

A lawmaker who formally puts a bill forward. The text itself is drafted by the Legislative Reference Bureau.

Official term: Author, coauthor. More in the glossary

Signed on in support

Lawmakers who back a bill without being one of its authors, often from the other chamber.

Official term: Cosponsor. More in the glossary

Roll call

A vote where each lawmaker's yes or no is recorded by name.

Official term: Roll call vote. More in the glossary

From the Wisconsin Legislature's official record, checked Sep 15, 2026. See the source

Committee

A small group of lawmakers that looks at a bill first. Most bills never leave committee.

Senate Joint Resolution 1

The session's calendar. Any bill not passed by its last voting day dies.

Official term: Failed to pass pursuant to SJR 1

Legislative Reference Bureau

The Legislature's nonpartisan office that drafts bills and writes the summary at the top of each one.

Official term: LRB analysis

Author

A lawmaker who formally puts a bill forward. The text itself is drafted by the Legislative Reference Bureau.

Official term: Author, coauthor

Signed on in support

Lawmakers who back a bill without being one of its authors, often from the other chamber.

Official term: Cosponsor

Roll call

A vote where each lawmaker's yes or no is recorded by name.

Official term: Roll call vote