343.303 Preliminary screening test.
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/wi/chapter-343/343-303-3A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
343.303 Preliminary screening test. If a law enforcement officer has probable cause to believe that the person is violating or has violated s. 346.63
(1)or
(2m)or a local ordinance in conformity therewith, or s. 346.63
(2)or
(6)or 940.25 or s. 940.09 where the offense involved the use of a vehicle, or if the officer detects any presence of alcohol, a controlled substance, controlled substance analog or other drug, or a combination thereof, on a person driving or operating or on duty time with respect to a commercial motor vehicle or has reason to believe that the person is violating or has violated s. 346.63
(7)or a local ordinance in conformity therewith, the officer, prior to an arrest, may request the person to provide a sample of his or her breath or oral fluids, or both, for a preliminary screening test using a device approved by the department for this purpose. The result of this preliminary screening test may be used by the law enforcement officer for the purpose of deciding whether or not the person shall be arrested for a violation of s. 346.63
(1),
(2m),
(5)or
(7)or a local ordinance in conformity therewith, or s. 346.63
(2)or
(6), 940.09
(1)or 940.25 and whether or not to require or request chemical tests as authorized under s. 343.305
(3). The result of the preliminary screening test shall not be admissible in any action or proceeding except to show probable cause for an arrest, if the arrest is challenged, or to prove that a chemical test was properly required or requested of a person under s. 343.305
(3). Following the screening test, additional tests may be required or requested of the driver under s. 343.305
(3). The general penalty provision under s. 939.61
(1)does not apply to a refusal to take a preliminary screening test. A law enforcement officer may collect and retain a sample of a person’s oral fluids only to the extent necessary to perform a preliminary screening test under this section and shall destroy the sample, or return the sample to the person, after conducting the preliminary screening test. A law enforcement officer may not collect or retain a sample of a person’s oral fluids under this section for any purpose other than a preliminary screening test.