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Wisconsin police can now test saliva if they suspect drugged driving

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Wisconsin police can now test saliva if they suspect drugged driving


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  • A state law signed in March allows police to test a driver’s saliva for meth, cocaine, delta-9 THC and more if they suspect an OWI.
  • No police departments appear to be adopting the test right away, but several expressed interest depending on funding and resources.
  • Other states have similar programs, and the Dane and Manitowoc sheriff’s departments ran successful pilot programs in recent years.

A new state law allows police who suspect drugged driving to perform a rapid roadside test of the driver’s saliva to check for THC, opioids, meth and more, though police departments don’t appear ready to roll it out immediately.

State law already allows police to use breathalyzers to check blood-alcohol levels, but those devices don’t test for other intoxicating substances. The new law allows police to sample oral fluids – mainly saliva – when they suspect an OWI.

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Law enforcement groups that advocated for the law change say drug impairment is more difficult to identify than alcohol intoxication. Plus, intoxication levels can decrease between the time police make a traffic stop and a blood sample is collected.

“Oral fluid screening would give officers an additional, objective tool to confirm the presence of drugs – much like a preliminary breath test does for alcohol – before making an arrest decision,” Dane County Sheriff Kalvin Barrett said at a December public hearing.

Wisconsin Act 99 became effective March 15, two days after Democratic Gov. Tony Evers signed it into law. The state Legislature passed it in February with bipartisan support.

Here’s what to know about the new law:

What does the law allow police to do when they suspect an impaired driver?

If police have probable cause to believe a driver is intoxicated, the officer can request a saliva or breath test, or both. That’s in addition to field sobriety tests.

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The officer places a mouth swab inside the driver’s cheek or under the tongue and runs it through a handheld device, such as Abbott’s SoToxa or Alere DDS2.

The legislation was amended to allow the tests for suspected intoxicated operation of vehicles other than cars, such as boats, snowmobiles, ATVs, UTVs and more.

Are the oral drug tests admissible in court?

No. The test results aren’t admissible in court and must be destroyed or returned to the person after the test is completed.

The preliminary tests are used only to help police decide whether to make an arrest and pursue laboratory confirmation testing.

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Have police in Wisconsin tried saliva drug tests before?

Yes. The Dane County and Manitowoc County sheriff’s offices piloted the program in 2016 and 2019, finding that oral fluid testing devices were accurate and consistent with blood tests.

Dane County conducted its study with the State Laboratory of Hygiene and published the results in an academic journal. The study found that 64% of participants arrested for an OWI also had one or more drugs in their blood, with THC the most common.

Manitowoc County worked with the State Laboratory of Hygiene and the Wisconsin State Patrol on its study, which collected 100 voluntary samples. Results showed 41% of OWI offenders were positive for THC, 20% for amphetamine and 14% for methamphetamine.

Which police agencies plan to use the new saliva drug test?

Wisconsin Chiefs of Police Association President Danny Thompson said he wasn’t aware of any agencies immediately using the test.

“Although this roadside test will be very beneficial to arresting dangerous, impaired drivers, we have not heard of any agencies ready to implement this kind of testing right away,” Thompson said in a statement to the Milwaukee Journal Sentinel.

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A Milwaukee Police Department spokesperson said the department isn’t using the tests “at this time and are still looking into it.” A Milwaukee County Sheriff’s Office spokesperson didn’t respond to a request for comment.

The two departments that piloted the program also don’t plan to bring it back right away.

Manitowoc County Sheriff Daniel Hartwig said his office is monitoring guidance related to the new law but doesn’t have plans to implement it at this point. A Dane County Sheriff’s Office spokesperson said the county would use it “given the appropriate funding and resources.”

How much would the program cost?

Each SoToxa device appears to cost around $4,500 to $5,000, according to news reports on programs in North Dakota and San Diego.

Law enforcement groups said agencies in Wisconsin would likely pursue funding for the devices through federal grants.

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Do other states use saliva screening?

Yes. A state-by-state analysis from the National Alliance to Stop Impaired Driving shows 10 states have statewide roadside oral fluid testing programs, and another eight have the program in some jurisdictions.

A 2021 report from the National Conference of State Legislatures found nearly half of states have the law, but few used it. One that does is Indiana, where over 200 handheld test devices are used across 110 law enforcement agencies.

Who authored and supported the law?

The bill was authored by Republicans, including Sen. Jesse James from Thorp and Rep. Barbara Dittrich from Oconomowoc. Several Democrats became cosponsors, including Rep. Lori Palmeri from Oshkosh and Rep. Ryan Spaude from Ashwaubenon.

Supporters of the bill included AAA Wisconsin, the Milwaukee Police Association, the Wisconsin Chiefs of Police Association and Mothers Against Drunk Driving. No groups registered in opposition to the bill.

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What qualifies as operating while intoxicated in Wisconsin?

According to the Wisconsin Department of Transportation and state law, a driver is considered to be operating while intoxicated if:

  • The driver is under the influence of an intoxicant, controlled substance or other drug that impairs their ability to safely operate a vehicle, even if the vehicle isn’t in motion at the time of the traffic stop.
  • The driver has a detectable amount of a restricted controlled substance in their blood. That includes cocaine, heroin, meth, delta-9 THC (if at a concentration of one or more nanograms per milliliter in a person’s blood) and more.
  • The driver has a BAC over what the law allows, such as above 0.08 for first-time offenders, 0.04 for commercial drivers or 0.02 for drivers with three or more prior OWIs.

Hope Karnopp can be reached at HKarnopp@usatodayco.com.



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Wisconsin defense lawyers argue conviction in Oshkosh boat crash should be overturned

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Wisconsin defense lawyers argue conviction in Oshkosh boat crash should be overturned


OSHKOSH (WLUK) — The state defense lawyers association argues the judge made a mistake in allowing a Winnebago County jury to hear the case against Jason Lindemann, who crashed his power boat into a cruise boat.

Lindemann was sentenced to five months in jail and three years on probation and ordered to perform 150 hours of community service as a result of the July 9, 2022, crash between his powerboat and the On The Loos paddlewheel cruise boat. He was also ordered to pay $11,702.79 in restitution. The crash injured more than a dozen people.

Lindemann has appealed, claiming he drove his boat like “every boater does” and that the evidence doesn’t support the convictions. Prosecutors replied it believes Lindemann’s conviction should be upheld. Lindemann’s reply brief due is due April 14, then the appeals court will review the case and issue a ruling. That’s expected to take several months.

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Surveillance video of a July 9, 2022, boat crash on the Fox River in Oshkosh. (Courtesy Winnebago County Sheriff’s Office)

On Tuesday, the Wisconsin Association of Criminal Defense Lawyers filed what’s known as a ‘friend of the court’ brief, offering its input on the issue of jury selection.

Brief from the Wisconsin Association of Criminal Defense Lawyers arguing for Jason Lindemann’s conviction in an Oshkosh boat crash to be overturned.

Click here to view the PDF file

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It noted the extensive publicity on case, from the day of the crash, onwards.

“WACDL submits that a careful analysis of precedent, and a realistic assessment of the pretrial publicity at issue, require that prejudice be presumed. Lindemann’s community was sufficiently against him that drawing his jury from Winnebago County violated his due process rights. The circuit court thus erred in denying his request for a change of venue, and reversal is warranted,” wrote attorney Megan Sanders.

The brief also argues the judge’s faith in voir dire — the juror screening and selection process — was “unfounded,” given the case’s publicity.

It argues the convictions should be overturned.

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“There is an effective solution for the due process problem at issue here. Case law supports it, Lindemann sought it, and the State — after explaining its concerns about proceeding in Winnebago County — declined to contest his request. Under these circumstances, and with no cogent rationale for keeping the case in Oshkosh, the circuit court erred in denying Lindemann’s motion for a change of venue,” the brief states.



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John Blackwell’s Wisconsin teammates comment on his departure

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John Blackwell’s Wisconsin teammates comment on his departure


A pair of John Blackwell’s former teammates wasted no time expressing how they felt about his departure.

The Wisconsin Badgers men’s basketball squad took a huge hit on April 6 when its star point guard announced he’d be entering the transfer portal.

Blackwell posted a farewell message that received mixed reactions, but both Nolan Winter and Austin Rapp expressed their gratitude for getting to play alongside the Michigan native.

“My brother!! Coming into college with you, it’s meant everything to do it by your side. Through all the ups and downs we went through, I won’t forget a second of any of it… go do what you do JB. For life,” Winter wrote.

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Rapp added, “Gonna miss big bro, appreciate this year with you John Blackwell.”

Winter has been with the Badgers since the 2023-24 season, the same year Blackwell joined the program. Rapp, the Portland transfer, only was able to spend one year with Wisconsin’s guard who averaged just shy of 20 points per game.

Badgers fans are still awaiting decisions from Winter and Rapp, though neither has indicated they’ll be continuing their collegiate careers elsewhere.

Contact/Follow @TheBadgersWire on X (formerly Twitter) and like our page on Facebook to follow ongoing coverage of Wisconsin Badgers news, notes and opinion.





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DPI report highlights difficulties retaining teachers in Wisconsin

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DPI report highlights difficulties retaining teachers in Wisconsin


Nearly one-third of people who complete teacher training never enter the classroom in Wisconsin, and nearly half of the people who do become teachers leave the profession within eight years.

That’s according to a new report from the state Department of Public Instruction that uses data from the 2023-24 school year. It highlighted ongoing challenges with retention even as overall staffing levels at schools remain relatively stable.

The report showed the number of teachers in Wisconsin has remained steady at 64,354 in the 2022-23 school year and 63,956 in the 2023-24 school year. But it also highlighted challenges retaining mid-career teachers due to compensation declines over the last decade and a half.

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State Superintendent Jill Underly attended a roundtable in Green Bay Monday with K-12 leaders and educators from northeast Wisconsin to talk about ways to boost teacher recruitment and retention in Wisconsin. 

When districts lose educators, Underly said it results in larger class sizes, fewer courses being offered, less individual support for students and a loss of experience in the teaching labor market. 

“We have to focus on keeping great educators in our classrooms,” she said. “They need to feel supported, they need to feel connected and they have to have opportunities to grow.”

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Of the more than 5,256 people who completed a teaching training program in the state in 2023-24, around 30 percent, or 1,688, did not become teachers in Wisconsin. 

For those who entered the teaching profession, only 52.6 percent were still working in Wisconsin classrooms by their eighth year on the job, the report says. For special education teachers, the retention rate was only 43.2 percent. 

Underly and others who spoke during the roundtable said compensation is a major reason teachers are either leaving the profession or leaving the state.

According to the report, the total compensation for people entering their 15th year of teaching in 2024 was 22 percent less than it was in 2010 when adjusting for inflation. For teachers entering their 30th year, it was 13 percent less.

In inflation-adjusted dollars, the median teacher compensation in the state in 2010, including salary and benefits, was $110,722. By 2024, that number fell to $88,106.

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Underly said low pay means some teachers have to work second jobs to stay in the profession.

“We’re asking a lot of these individuals to work multiple jobs when a job like teaching is so important and so highly valued in our communities,” Underly said. “We’re burning these individuals out, so they do make these choices five (to) eight years in. That’s when we’re losing them.”

Kewaunee School District Superintendent Scott Fritz and Green Bay Area Public School District Superintendent Vicki Bayer participate in an educator workforce roundtable on Monday, April 6, 2026. Joe Schulz/WPR

Andrea Huggett, a middle school math teacher in the Green Bay Area Public School District, said compensation is a major factor. She said she’s “absolutely” been tempted to leave teaching because she could make more money in another profession.

“I’m not in it for the compensation. I’m in it to make a difference,” she said. “But that is a huge factor in my day-to-day life. I have a family, I have a home, I have a mortgage, I have insurance that’s costing more each year, and it’s a big factor in a lot of people’s decisions.”

Mai Vang, director of recruitment and talent development for the Green Bay Area Public School District, said compensation is one of the harder problems for districts to address and is not something that “one person or one school district” would be able to solve. 

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Underly said Wisconsin’s “public schools are severely underfunded,” limiting the ability of districts to address the compensation issue. She said the most recent state budget did not include any new general aid to school districts, which requires schools to do more with less. 

“That really puts the burden on the school district, which then puts the burden on local taxpayers to have to pass a referendum,” she said.

Kewaunee School District Superintendent Scott Fritz said his district has not passed an operational referendum but has had to make budget cuts in recent years to try to ensure teachers receive fair compensation.

“We made that choice because we want to continue to have funding so that we can pay our teachers a competitive rate,” he said. “I can’t compete with where Green Bay is at, but I want to be able to compete with school districts our size.”



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