Wisconsin
Wisconsin police can now test saliva if they suspect drugged driving
Westmoreland describes new state law targeting reckless drivers
Milwaukee Alderman Lamont Westmoreland, flanked by Common Council colleagues and Milwaukee Police Department Assistant Chief Craig Sarnow, discusses a pending state law that will allow police to crack down on reckless drivers.
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.
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.
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.
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.
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.
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.
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.
GRAND CHUTE, Wis. (WBAY) — Severe thunderstorms moved through northeast Wisconsin on Wednesday afternoon, leaving thousands without power and causing widespread wind damage.
According to poweroutage.us, as of 4 p.m. Fond du Lac County has 2,900 customers without power and Dodge County is at 3,600.
A tornado warning for Fond du Lac County expired last hour, but severe thunderstorms continued across the region with large hail, high winds and heavy rainfall. Trees and branches were reported down across the area.
Rain began in Grand Chute as winds picked up just after 2 p.m. A severe thunderstorm warning issued for the area warned of 80 mph winds and asked residents to take shelter and move away from windows to an interior room.
The storms produced widespread wind damage across Oshkosh, where 1,400 customers were without power. WPS reported more than 3,000 customers without power in Winnebago County.
Copyright 2026 WBAY. All rights reserved.
Chris Borland’s spot in Wisconsin’s Athletic Hall of Fame came with the kind of résumé that represented the modern Badgers defense: massive production, big-game hardware and Midwestern toughness.
Wisconsin selected Borland as one of 12 athletes, staff, and supporters in the class of 2026 Hall of Fame inductees. The group will enter the Hall of Fame the weekend of Sept. 18 this fall, with Borland and the rest of the class honored during Wisconsin’s matchup against Eastern Michigan on Sept. 19 at Camp Randall Stadium.
Borland starred at linebacker for Wisconsin from 2009 to 2013 and finished as one of the program’s most decorated defenders of the era. He earned 2013 first-team All-America honors, won Big Ten Defensive Player of the Year, and closed his career with 420 tackles. He also played in three Rose Bowls, anchoring a defense built around physicality, instincts and tackling that excelled in big moments.
Borland’s induction adds a football centerpiece to a nine-sport Hall of Fame class, and it lands on a weekend that will bring a full Camp Randall spotlight back to former Badgers. Wisconsin fans will get their on-field Hall of Fame moment on Sept. 19, when the Badgers host Eastern Michigan and Borland’s career highlights take center stage again in Madison.
Contact/Follow @TheBadgersWire on X (formerly Twitter) and like our page on Facebook to follow ongoing coverage of Wisconsin Badgers news, notes and opinion.
Sightings were also reported near Wilson and Oostburg as observers say the bear appears to be heading north through the area.
Black bear walks through residential yards in Slinger
A black bear was spotted walking through residential backyards June 2 in Slinger. Resident Holly Nowak captured a video from her deck.
SHEBOYGAN COUNTY – If you see a bear lumbering through the woods or past your home, you might not just be imagining things.
The presence of a black bear recently was reported in the Kohler-Andrae State Park area, according to a report from WBHL radio station. The bear could be the same one reported earlier in the town of Saukville.
Sightings of the bear have been reported to the Wisconsin Department of Natural Resources since the animal appeared in the backyard of a home in Ozaukee County. Observers say the bear was heading north.
Observers rooting for the bear to make it back home
According to WBHL, someone living just south of Kohler-Andrae State Park said in a Facebook post they saw a bear Sunday evening (likely the same bear.)
Someone posted a photo of a bear in the Town of Wilson near Oostburg Sunday.
Observers seem to be rooting for the bear to make his or her way back to wherever home might be.
“Poor boy,” Erin Brown posted under the Town of Wilson photo. “He’s just making his way to his future partner. Please keep an eye out while driving.”
“He sure is making his way around,” Ruth Wood wrote. “Pretty incredible how much they’re on the move. Like someone said … we are overbuilding and taking their habitat away. Indeed we will have more wild life because of it. I feel sorry for this guy … and all the other wildlife being displaced.”
Added Cindy Schultz, “Oh stop freaking out. You know, it was bound to happen. Just be aware and cautious.”
Bear population on the rise
Authorities from the Sheboygan County Sheriff’s Department said Monday they had not been notified of any bears moving through the area.
Kevin Brown, assistant bear/cougar specialist for the state DNR, confirmed the agency received two notifications through its Wildlife Observation Tool on June 2 of what appears to be the same bear in the Slinger area.
Wisconsin’s black bear population is around 23,000 to 24,000, according to the DNR. Although they most commonly live in the northwoods, black bears are increasingly being sighted in south and southcentral Wisconsin. The bear population was only around 9,000 back in 1989, according to the DNR.
If you sight a black bear, DNR officials suggest that you stay calm, shout, clap or bang pots together, and make yourself look large. Never run from a bear. Brown recommended learning more at BearWise.
Contact reporter Patti Zarling at pzarling@usatodayco.com or call 920-606-2575.
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