SB 845 Wisconsin Senate · 2025-2026 Regular Session

Relating to: repealing unconstitutional provisions related to operating while intoxicated.

SB 845 repeals and amends specific sections of state law related to operating while intoxicated (OWI) and refusal to provide chemical tests, correcting provisions deemed unconstitutional by the U.S. Supreme Court. The bill removes penalties for refusal that were treated as separate offenses (e.g., repealing sections like 23.33 (4p) (a) 3. and 30.684 (1) (c)) and adjusts penalty structures for repeat OWI violations to align with the Court's ruling. It directly affects individuals charged with OWI or refusal, as well as law enforcement officers enforcing these laws, by ensuring refusal penalties are only applied alongside OWI violations rather than as standalone offenses. The changes clarify that refusal penalties now follow the same procedures as OWI violations, eliminating unconstitutional distinctions in the statutes.
Bill status failed 1 of 4 stages cleared
Introduction
Jan 2026
Committee Review
Floor Vote
Governor
Introduced Jan 15, 2026 Last action Mar 23, 2026
Floor votes

How they voted

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Full legislative history

Actions timeline

Total actions
12
Key actions
2
Committee
1
Amendments
2
Mar 3, 2026
Upper · Passed
Report passage as amended recommended by Committee on Judiciary and Public Safety, Ayes 8, Noes 0
upper
Mar 3, 2026
Upper · Passed
Report adoption of Senate Amendment 1 recommended by Committee on Judiciary and Public Safety, Ayes 8, Noes 0
upper
Jan 28, 2026
Introduced
Senate Amendment 1 offered by Senator James
upper
Jan 15, 2026
Introduced
Introduced by Senators James, Jagler and Marklein; cosponsored by Representatives Spiros, Born, Dittrich, Gundrum, Kitchens, Murphy, Mursau, O'Connor and Penterman
upper
3 primary · 0 co-sponsors

Sponsors