LRB-5026/2
RPN:kmg:ks
1995 - 1996 LEGISLATURE
February 21, 1996 - Introduced by
Law Revision Committee. Referred to
Committee on Judiciary.
SB570,1,2
1An Act to amend 343.305 (9) (a) 1. of the statutes;
relating to: alcohol testing
2before issuance of a citation.
Analysis by the Legislative Reference Bureau
Under current law, a law enforcement officer may, after arresting a person for
operating a vehicle while under the influence of an intoxicant, request the person to
submit to a breath, blood or urine test. In State v. Sutton, 177 Wis. 2d 709, 503 N.W.
2d 326 (Ct. App. 1993), the court of appeals noted an ambiguity in the statutes that
seemed to require the arrest and issuance of a citation before a request can be made
that a person submit to a breath, blood or urine test. The court held that only an
arrest is needed, not the issuance of a citation. This bill codifies that court decision.
For further information, see the Note provided by the law revision committee
of the joint legislative council.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
Law revision committee prefatory note: This bill is introduced by the law revision
committee under s. 13.83 (1) (c) 1., stats. After careful consideration of the court of
appeals decisions in State v. Sutton, 177 Wis. 2d 709, 503 N.W. 2d 326 (Ct. App. 1993),
the law revision committee has determined that codifying these decisions is desirable as
a matter of public policy.
SB570, s. 1
3Section
1. 343.305 (9) (a) 1. of the statutes is amended to read:
SB570,2,24
343.305
(9) (a) 1. That prior to a request under sub. (3) (a), the officer had placed
5the person under arrest
and issued a citation, if appropriate, for a violation of s.
1346.63 (1), (2m) or (5) or a local ordinance in conformity therewith or s. 346.63 (2) or
2(6), 940.09 (1) or 940.25.
