LRB-3423/1
PJH:bjk:jf
2009 - 2010 LEGISLATURE
October 6, 2009 - Introduced by Representatives LeMahieu, Mason, Mursau,
Townsend, Brooks, Vos, Knodl, Petersen, Spanbauer, A. Ott, Lothian,
Gunderson, Nass, Bies, Ziegelbauer
and Ballweg, cosponsored by Senators
Grothman, Risser, Lehman, Olsen, Taylor and Darling. Referred to
Committee on Public Safety.
AB463,1,4 1An Act to renumber and amend 343.305 (3) (ar); to amend 343.305 (4); and
2to create 343.305 (3) (ar) 2. of the statutes; relating to: requesting a person
3who operates a vehicle that is involved in an accident that causes death or
4injury to submit to a test for intoxication.
Analysis by the Legislative Reference Bureau
Under current, a law enforcement officer generally may request a person to
submit to having his or her breath, blood, or urine tested to determine the presence
or quantity in his or her blood or breath, of alcohol, controlled substances, controlled
substance analogs or other drugs, or any combination of alcohol, controlled
substances, controlled substance analogs and other drugs (test for intoxication)
when the person is arrested for operating a vehicle while intoxicated. However, an
officer may request a test for intoxication prior to arrest if the person is operating a
commercial motor vehicle or is the operator of a vehicle that is involved in an accident
that causes the death of or great bodily harm to a person and, in either circumstance,
the officer detects the presence of alcohol or another drug.
Under this bill, if the person is the operator of a vehicle that is involved in an
accident that causes any injury to any person and an officer detects the presence of
alcohol or another drug, the officer may request the person to submit to a test for
intoxication before he or she arrests the person. If the person is the operator of a
vehicle that is involved in an accident that causes the death of or great bodily harm
to any person and the officer reasonably believes that the person violated any state
or local traffic law, the officer may request the person to submit to a test for

intoxication before he or she arrests the person, regardless of whether the officer
detects the presence of alcohol or another drug.
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB463, s. 1 1Section 1. 343.305 (3) (ar) of the statutes is renumbered 343.305 (3) (ar) 1. and
2amended to read:
AB463,2,143 343.305 (3) (ar) 1. If a person is the operator of a vehicle that is involved in an
4accident that causes the death of or great bodily harm injury to any person, and a law
5enforcement officer detects any presence of alcohol, a controlled substance, a
6controlled substance analog or other drug, or a combination thereof, the law
7enforcement officer may request the operator to provide one or more samples of his
8or her breath, blood, or urine for the purpose specified under sub. (2). Compliance
9with a request for one type of sample does not bar a subsequent request for a different
10type of sample. A person who is unconscious or otherwise not capable of withdrawing
11consent is presumed not to have withdrawn consent under this paragraph
12subdivision and one or more samples specified in par. (a) or (am) may be administered
13to the person. If a person refuses to take a test under this paragraph subdivision,
14he or she may be arrested under par. (a).
AB463, s. 2 15Section 2. 343.305 (3) (ar) 2. of the statutes is created to read:
AB463,3,616 343.305 (3) (ar) 2. If a person is the operator of a vehicle that is involved in an
17accident that causes the death of or great bodily harm to any person and the law
18enforcement officer has reason to believe that the person violated any state or local
19traffic law, the officer may request the operator to provide one or more samples of his
20or her breath, blood, or urine for the purpose specified under sub. (2). Compliance

1with a request for one type of sample does not bar a subsequent request for a different
2type of sample. A person who is unconscious or otherwise not capable of withdrawing
3consent is presumed not to have withdrawn consent under this subdivision and one
4or more samples specified in par. (a) or (am) may be administered to the person. If
5a person refuses to take a test under this subdivision, he or she may be arrested
6under par. (a).
AB463, s. 3 7Section 3. 343.305 (4) of the statutes is amended to read:
AB463,3,108 343.305 (4) Information. At the time that a chemical test specimen is
9requested under sub. (3) (a), (am), or (ar), the law enforcement officer shall read the
10following to the person from whom the test specimen is requested:
AB463,3,15 11"You have either been arrested for an offense that involves driving or operating
12a motor vehicle while under the influence of alcohol or drugs, or both, or you are the
13operator of a vehicle that was involved in an accident that caused the death of or
14injury to a person,
or you are suspected of driving or being on duty time with respect
15to a commercial motor vehicle after consuming an intoxicating beverage.
AB463,3,2216 This law enforcement agency now wants to test one or more samples of your
17breath, blood or urine to determine the concentration of alcohol or drugs in your
18system. If any test shows more alcohol in your system than the law permits while
19driving, your operating privilege will be suspended. If you refuse to take any test that
20this agency requests, your operating privilege will be revoked and you will be subject
21to other penalties. The test results or the fact that you refused testing can be used
22against you in court.
AB463,4,223 If you take all the requested tests, you may choose to take further tests. You
24may take the alternative test that this law enforcement agency provides free of

1charge. You also may have a test conducted by a qualified person of your choice at
2your expense. You, however, will have to make your own arrangements for that test.
AB463,4,53 If you have a commercial driver license or were operating a commercial motor
4vehicle, other consequences may result from positive test results or from refusing
5testing, such as being placed out of service or disqualified."
AB463,4,66 (End)
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