Wisconsin AB 856: Sweeping DUI Law Overhaul on the Horizon

Overview

Wisconsin Assembly Bill 856, published on April 4, 2026, represents a significant effort to revise the state's Operating While Intoxicated (OWI) laws. The bill's central aim is to repeal provisions that have been identified as unconstitutional, potentially leading to substantial changes in how DUI cases are handled within the state's legal system.

Key Provisions

• Repeal of Unconstitutional Provisions: The core element of AB 856 is the removal of OWI law sections deemed to violate constitutional rights. The specific provisions targeted are not explicitly detailed in the bill summary, but would likely relate to issues such as implied consent, mandatory testing, or sentencing guidelines that have faced legal challenges.

• Potential for Re-Evaluation of Past Cases: Depending on the nature of the repealed provisions, the passage of AB 856 could open the door for re-evaluating past OWI convictions where those specific sections of law were applied.

Impact on Drivers

The impact on Wisconsin drivers could be considerable. If the repealed provisions involve procedures for breath or blood tests, for example, drivers might have greater legal recourse in challenging the admissibility of evidence. The removal of specific mandatory sentencing guidelines could also affect the penalties imposed in OWI cases, potentially leading to more lenient outcomes in some situations. It is important to note that the repeal could also lead to the creation of new legislation to address the gaps created by the repealed laws.

Current Law vs Proposed Changes

• Current: Without knowing the specific unconstitutional provisions, it's difficult to provide precise details of the current law, but existing OWI laws likely mandate certain procedures for DUI stops, chemical testing, and sentencing, including mandatory minimum penalties for repeat offenders.

• Proposed: AB 856 proposes to remove those specific provisions deemed unconstitutional. This could mean changes to implied consent laws, challenges to blood draw procedures, or a revision of mandatory sentencing rules.

What This Means For You

If you are facing OWI charges in Wisconsin, it's crucial to consult with an experienced DUI attorney to understand how AB 856 might affect your case. Monitor the bill's progress and stay informed about any legal challenges or interpretations that arise following its enactment. Be aware of your rights during a DUI stop, including the right to refuse certain tests (though this may have consequences, such as license suspension). Remember, laws are subject to change, so seek professional legal counsel for personalized advice.

Source: Official Wisconsin legislative records. Consult a licensed attorney for legal advice.