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.
A missing Wisconsin teen was found safe after mysteriously vanishing from home four years ago as her family had believed she was “lured away.”
Joniah Walker, 19, was safely discovered on May 25, the Milwaukee Police Department told WISN on Tuesday.
Police officials didn’t disclose where Walker was found or provide any further information on the case, including whether the teen was with someone else.
Walker, then 15, had disappeared from her Milwaukee home on June 23, 2022.
Walker’s mother, Tanesha Howard, said she last saw her daughter lying in bed when she left for work the morning of her disappearance, according to the National Center for Missing & Exploited Children.
“Joniah was lying in bed because she had just finished school. I went in to give her a hug before leaving for work,” Howard told the organization.
The mother and daughter duo had talked on the phone several times throughout the day before Walker “suddenly stopped responding.”
Walker was supposed to meet her father to apply for a summer work permit but failed to arrive at the designated time.
“He called me and said that Joniah wasn’t picking up her phone,” Howard said. “That is when I immediately knew something was wrong. I left work right away.”
A nearby ring camera captured Walker leaving the apartment complex at around 2:30 p.m. in the Brewer’s Hill neighborhood, a mile-and-a-half north of Downtown Milwaukee.
Video footage showed the teen carrying a large green backpack.
It was the last known sighting of Walker until she was reportedly found last month.
Howard believed her daughter had met someone online after she deleted her digital footprint and never returned.
“Somebody stole her…that was my first instinct,” Howard said. “But when I saw that she left with a big backpack that I had never seen, that’s when I knew. I was like, someone lured her away.”
The protective mother issued multiple pleas for her daughter to come home, begging Walker to “call me,” WISN reported in July 2022.
“She is my youngest daughter, so I always call her by ‘baby girl’ because that is exactly who she is, my baby girl,” she said. “She is what I would describe as a perfect daughter. She is angelic, soft spoken and very intelligent.”
Walker was one of the faces of a legislative push by Wisconsin State Rep. Shelia Stubbs (D-Madison) seeking to pass a bill to create a Missing and Murdered African American Women and Girls Task Force, according to Fox6 Now.
Stubbs says she believed Walker was still alive, telling Howard to hold out hope for her daughter’s return.
“I believed Joniah was still living, and I said that to her – I don’t believe Joniah is dead, it’s only a matter of time,” Stubbs told the outlet.
“I think right now, the family needs their privacy,” Stubbs added. “I know there are so many questions, but I think as time goes by when they are ready to tell their story, they will tell it.”
Wisconsin’s sports teams will have a fitting jersey patch on their uniforms this year.
The Badgers unveiled a Culver’s uniform patch in a new video on Tuesday.
The fast food restaurant, known for its ButterBurgers and Frozen Custard, was founded in Wisconsin and is beloved by those in the state. Now, Culver’s has partnered up with the state’s flagship university.
The Wisconsin Badgers basketball offseason has looked slightly different than normal through the month of June.
Head coach Greg Gard’s class of 2027 rounds out the month of June, featuring three high-profile high school talents. Headlined by four-star in-state sensation Jalen Brown, the class also features three-star center Jack Thelen and Baboucarr Ann, Minnesota’s No. 1 prospect for the class of ’27.
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While 247Sports considers Brown the No. 70 player, No. 13 shooting guard, and No. 5 recruit from Wisconsin for the class of 2027, Ann’s status as a small forward is certainly comparable. The outlet’s composite ranking ranks Ann as the No. 63 overall player, No. 18 small forward, and top-rated recruit from his state, making the tandem one of the most prestigious duos to commit to UW in recent history.
247Sports’ director of scouting Adam Finkelstein had this to say about Ann in his recruiting profile:
“Ann is a long-armed, two-way wing who already has versatile tools and yet plenty of potential to keep improving for the foreseeable future… Ann is a long-armed, two-way wing who already has versatile tools and yet plenty of potential to keep improving for the foreseeable future.”
But how did Ann perform during his latest season with Maple Grove High School in Maple Grove, Minnesota?
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Through 31 games, he averaged 18.9 points, 4.3 rebounds, 3.5 assists, and 1.4 steals per appearance, according to StribVarsity. If Ann can provide even half of that production as a freshman, Wisconsin’s wing depth could look quite scary when he arrives in Madison.
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This article originally appeared on Badgers Wire: What did prized Wisconsin commit Baboucarr Ann average in 2025-26?
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