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Bill

SB 678

Relating to: the use of oral fluids for preliminary screening of a person suspected of operating a motor vehicle while intoxicated.

2025-2026 Regular Session Introduced by Jesse James and 3 co-sponsors

SB 678 allows Wisconsin police to use oral fluid tests as preliminary DUI screening, expanding detection tools beyond breathalyzers to include drug impairment indicators.

Senate Amendment 1 offered by Senator James
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WeVote Research Nonpartisan
Bill Summary · SB 678

Legislative bill overview

SB 678 authorizes law enforcement to use oral fluid (saliva) tests as a preliminary screening method for drivers suspected of operating a vehicle while intoxicated, rather than relying solely on breathalyzers or field sobriety tests. The bill establishes procedures for administering these tests and their admissibility in legal proceedings.

Why is this important

Oral fluid testing could provide law enforcement with an additional tool for initial DUI screening that some research suggests may detect certain drugs (particularly cannabis and opioids) that breathalyzers cannot reliably identify. This reflects evolving concerns about impaired driving from substances beyond alcohol, though the reliability and legal acceptance of oral fluid testing remains contested in many jurisdictions.

Potential points of contention

  • Accuracy and reliability concerns: Oral fluid tests have lower established scientific validation compared to breathalyzers; courts in other states have questioned their reliability, and false positives could lead to wrongful arrests
  • Drug detection capability claims: While oral fluid tests may detect some drugs, their accuracy for determining actual impairment levels is debated—presence of a substance doesn't necessarily indicate impairment
  • Civil liberties issues: Expanding preliminary screening methods may raise Fourth Amendment concerns about reasonable searches, and could disproportionately affect certain communities if deployment varies by jurisdiction

Compiled from official sources — confirm details with the bill’s official record.

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