2009 Wisconsin Act 163
(effective date: March 30, 2010)
Amends Wis. Stat. § 343.305, to allow a law enforcement officer to get a chemical test sample from a suspected intoxicated driver without placing the person under arrest in either of the following two circumstances:
(1) If a person is the operator of a vehicle that is involved in an accident that causes substantial bodily harm to any person and the officer detects any presence of alcohol, a controlled substance, or combination thereof, the law enforcement officer may request chemical test samples of breath, blood, or urine, without placing the operator of the vehicle under arrest;
(2) If a person is the operator of a vehicle that is involved in an accident that causes the death or great bodily harm to any person and the law enforcement officer has reason to believe that the person violated any state or local traffic law, the officer may request the operator provide a chemical test sample of breath, blood or urine, without placing the operator of the vehicle under arrest.
Note: The Informing the Accused form will be revised to reflect the additional information required under Wis. Stat. § 343.305(4).