Wisconsin

Implied Consent Laws

Drugs

343.305 - Learn More
(2) Implied consent. Any person who is on duty time with respect to a commercial motor vehicle or drives or operates a motor vehicle upon the public highways of this state, or in those areas enumerated in s.346.61, is deemed to have given consent to one or more tests of his or her breath, blood or urine, for the purpose of determining 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, when requested to do so by a law enforcement officer under sub. (3) (a) or (am) or when required to do so under sub. (3) (ar) or (b). Any such tests shall be administered upon the request of a law enforcement officer. The law enforcement agency by which the officer is employed shall be prepared to administer, either at its agency or any other agency or facility, 2 of the 3 tests under sub. (3) (a), (am), or (ar), and may designate which of the tests shall be administered first.

Blood

Yes

Urine

Yes
Can be used to prove an OWI under 346.63(1)(a)

Oral Fluids

No

Other

Yes
Breath

DUI Statutes

Drugs

346.63 - Learn More
(1) No person may drive or operate a motor vehicle while:
(a) Under the influence of an intoxicant, a controlled substance, a controlled substance analog or any combination of an intoxicant, a controlled substance and a controlled substance analog, under the influence of any other drug to a degree which renders him or her incapable of safely driving, or under the combined influence of an intoxicant and any other drug to a degree which renders him or her incapable of safely driving; or
(am) The person has a detectable amount of a restricted controlled substance in his or her blood.
(b) The person has a prohibited alcohol concentration.

Combined/Multiple Substance

346.63 - Learn More
(a) Under the influence of an intoxicant, a controlled substance, a controlled substance analog or any combination of an intoxicant, a controlled substance and a controlled substance analog, under the influence of any other drug to a degree which renders him or her incapable of safely driving, or under the combined influence of an intoxicant and any other drug to a degree which renders him or her incapable of safely driving

Refusal Law to Chemical Testing (Not Alcohol)

Penalties

343.305 - Learn More
Failure to submit to chemical testing will result in a one (1) year license suspension beginning at the time of the refusal. Persons who refuse testing will be ordered to comply with an assessment and driver safety plan. Individuals may also be ordered to participate in a drug substance abuse assessment or treatment.

Can Refusal Be Used as Evidence?

Admin Hearing or Civil Trial

Yes

Criminal Trial

Yes

ALR Laws

Cannabis

Yes

Length/Time of Restriction

Twelve months to three years.

Hardship License Available

Yes

Random Drug Testing or Ignition Interlock Requirements

Cannabis

343.301 - Learn More
343.305(10)(m)- Learn More
For a second or subsequent offense, a person’s vehicles must be immobilized or equipped with an ignition interlock device for not less than 1 year nor more than the maximum period of license revocation. Ignition interlock usage starts 1 year after the revocation period.
The DOT must limit the occupational license of a person who has 2 or more prior violations to operating only vehicles equipped with an ignition interlock device, regardless of whether a court has ordered every vehicle that is titled or registered in the offender's name to be equipped with such a device.

Other Drugs

Yes

Zero Tolerance Level for People Under 21 Who Are Driving Under the Influence of Cannabis or Other Drugs

346.63(1)(am) - Learn More No
A person drives or operates a motor vehicle with a detectable amount of a restricted controlled substance in their blood.

Cannabis Per Se Statute

340.01(50m)(e) Learn More Yes
Delta-9-tetrahydrocannabinol, excluding its precursors or metabolites, at a concentration of one or more nanograms per milliliter of a person's blood.

Threshold

NA

Nanogram Limit

1.0 ng/mL of Delta-9 THC

DUI Standards

No Data Available

Provisions for Screening Cannabis/Assessment/Education/Treatment

No Data Available

Additional Penalties

No Data Available

Cannabis Impaired Driving Penalties

346.65(2)(am) - Learn More
First offense Misdemeanor fine of not less than $150 or more than $300.
Second offense within 10 years Misdemeanor fine of not less than $350 or more than $1,100 imprisonment of not less than 5 days or more than 6 months with mandatory revocation of license for 12-18 months.
Third offense within lifetime Misdemeanor fine of not less than $600 or more than $2,000 with imprisonment for not less than 30 days (mandatory minimum) or more than 1 year. Mandatory revocation of license for 2-3 years.
Fourth offense within lifetime is Misdemeanor with fine of not less than$600, nor more than $2,000 and imprisonment for not less than 60 days (mandatory minimum) or more than 1 year. Mandatory license revocation for 2-3 years.
Additional levels outlined in statute.

Are the Impaired Driving Penalties the Same for Alcohol?

Yes

Are Combined Substances Mentioned in DUI Statute?

 346.63(1)(a) - Learn More
(a) Under the influence of an intoxicant, a controlled substance, a controlled substance analog or any combination of an intoxicant, a controlled substance and a controlled substance analog, under the influence of any other drug to a degree which renders him or her incapable of safely driving, or under the combined influence of an intoxicant and any other drug to a degree which renders him or her incapable of safely driving

Penalties for Multiple Substance/Multiple Substance Impaired Driving

First offense Misdemeanor fine of not less than $150 or more than $300.
Second offense within 10 years Misdemeanor fine of not less than $350 or more than $1,100 imprisonment of not less than 5 days or more than 6 months with mandatory revocation of license for 12-18 months.
Third offense within lifetime Misdemeanor fine of not less than $600 or more than $2,000 with imprisonment for not less than 30 days (mandatory minimum) or more than 1 year. Mandatory revocation of license for 2-3 years.
Fourth offense within lifetime is Misdemeanor with fine of not less than$600, nor more than $2,000 and imprisonment for not less than 60 days (mandatory minimum) or more than 1 year. Mandatory license revocation for 2-3 years.
Additional levels outlined in statute

Child Endangerment or Enhanced Penalties for Driving Impaired by Cannabis/Drugs with Child in Car

346.65(2)(f) - Learn More
If a passenger is under 16 years of age offender is guilty of a Felony and all minimum and maximum fines and imprisonment (all penalties) are doubled.

Statutes with THC Listed as Delta 8, 9, 10, or 11

No Data Available

Electronic Warrant Program

Statewide

968.12(3) 968.12(3) and 968.12(5) and 968.12(5)Learn More

By Locality

No Data Available

Law Enforcement Phlebotomy Program

None

Oral Fluid

For Drug Detection

None

Roadside - Not Evidential

None

Evidential

None

Roadside and Evidential

None

Minimum Legal Age for Cannabis Consumption

None
Wisconsin is largely a medical CBD state with local decriminalization efforts.

Underage Cannabis Laws and Penalties

Underage Possession

Illegal

Underage Consumption

Illegal

Underage Purchase

Illegal

Underage Attempt to Purchase

Illegal

Underage Exemptions to Illegality of Cannabis

Medical Marijuana

NA – Wisconsin is not a medical marijuana state.

Other

No Data Available

Underage Cannabis Provisions for Screening/Assessment/Education/Treatment/Medication Assisted Treatment

No Data Available

Social Host Laws

Cannabis

Social host for underage drinking
alcohol only.

Drugs

No Data Available

Penalties for Retailers Who Knowingly Sell to People Under 21

Sale of 200g or less is a felony with 3.5 year imprisonment possible and a fine of up to $10,000

Other

961.41(1)(h) - Statue governing the sale of cannabis Learn More