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Wisconsin police can now test saliva if they suspect drugged driving
Hope Karnopp
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.
Wednesday, February 4, 2026
Racine County secures $5 million in federal funds for mental health facility
Holly Gilvary
RACINE — Racine County has secured $5 million in federal funding to support the construction of its new mental health facility.
The funding was included in a bipartisan federal government funding package advanced by U.S. Sen. Tammy Baldwin, D-Wisconsin, a member of the Senate Appropriations Committee. Racine County applied for congressionally directed spending as part of the federal appropriations process.
In a news release, the county said the new mental health facility, currently under construction at 1720 Taylor Ave. in Racine, has utilized federal, state and local resources "to build critical infrastructure while maintaining Racine County's long-term fiscal responsibility."
Along with the newly awarded funds, the project uses prior investments from the American Rescue Plan Act, opioid settlement funds dedicated to addressing the opioid crisis, and county bonding.
While Racine County currently provides mental health and substance abuse services, a "critical gap" remains in residential treatment and crisis stabilization, with no residential substance use treatment programs within a 40-mile radius of Racine County, according to the release.
The county said the new facility will "directly address this gap by centralizing crisis stabilization, residential substance use treatment, mobile crisis response, and protective services under one roof."
Construction on the facility began in May 2025 and it is expected to open by the end of 2026.
Racine County Executive Ralph Malicki said in the release that this project "reflects how Racine County approaches major investments: with strong partnerships and respect for our residents and taxpayers."
"Through careful planning and strategically aligned resources, we're bringing significant outside investment to Racine County and delivering a facility that will serve our residents for decades to come," he said.
Wednesday, October 22, 2025
Wisconsin medical marijuana bill draws impassioned support but faces obstacles
Laura Schulte
MADISON – Dozens of people convened on the state Capitol on Wednesday to testify in support of legalizing marijuana for medical purposes, sharing personal stories about how access could improve their management of chronic health issues, cancer and other medical issues.
Lawmakers on Oct. 22 debated whether the provisions in a bill before the Senate Committee on Health were strict enough to gain the support of a majority of Republicans in both the Assembly and the Senate who have been wary of legalizing cannabis.
According to a co-sponsorship memo in September, the bill will "tightly regulate the cultivation, processing, testing and dispensing of medical cannabis to ensure patients have legal, safe and reliable access to a consistent product without breaking the law to obtain it."
Under the legislation, an Office of Medical Cannabis Regulation would be created to oversee the patient and caregiver registry and the dispensaries. Licenses would be required for growers, processors and testing laboratories. The legislation calls for a seed-to-sale database and an inventory tracking system. The legislation would also prohibit dispensaries from advertising to the general public, among other guidelines.
Republicans, including Senate President Mary Felzkowski of Tomahawk, introduced the measure.
But even with support from some Republicans, the bill is unlikely to move forward. Earlier this year, Republicans struck provisions that would legalize marijuana from Gov. Tony Evers' budget, and some leaders have indicated they will not support legalization without the establishment of a state-run program.
Assembly Speaker Robin Vos said earlier this month the bill is "way too broad" to pass his chamber.
“I have tried for five or six years to find a way to get to yes,” Vos said in an interview with WISN-TV. “The idea that we are going to have medical marijuana dispensaries in every city around the state, I don’t know that’s where most people are.”
He said there are concerns that the bill could create a pathway to legal recreational marijuana, which he opposes.
Marijuana legalization shows strong support with the public in Wisconsin.
In Marquette University Law School polling earlier this year, two-thirds of the 873 people surveyed said the drug should be legalized.
Sen. Patrick Testin, R-Stevens Point, said at the hearing it's time to allow medical marijuana in Wisconsin, as many other states already have.
He also shared an emotional story about how his family went outside state law to provide marijuana to his grandfather after he was diagnosed with lung cancer that had metastasized to bone cancer.
"It gave him his appetite back and it gave him time that he probably otherwise would not have had," he said. "That story is not unique to my family. We've heard this from countless families across the state, which is why I believe it's time for us to enact a sensible medical marijuana cannabis program here in the state."
Felzkowski said while she was fighting breast cancer for the second time 14 years ago, she was taking opioids to deal with the pain. But her doctor said that marijuana could have helped her avoid the opioid symptoms.
She wants others to have access to medical marijuana to help them avoid opioids in similar situations.
"Someone who suffers from a serious health condition should not have to make the choice to travel to another state or break the law so that they can try an alternative medicine for relief," she said. "Unfortunately, this is a position in which we put many Wisconsinites."
In addition to the tracking requirements, the bill would require marijuana sales to be conducted by pharmacists, like any other drug. Pharmacists would not be required to prescribe marijuana if they are uncomfortable.
"It is time to give our friends, family members and neighbors suffering from chronic illnesses the freedom to use medical cannabis," Felzkowski said. "Our hope is that this is a starting point in the conversation to get us to a point where we can get individuals comfortable with the concept."
Nora Lowe, a 17-year-old Merrimac resident who has Rhett Syndrome, encouraged lawmakers to support the bill, speaking via text-to-voice technology as she sat between her parents, Megan and Josh Lowe, in a wheelchair.
"I have many friends with Rett Syndrome, and they have access to medical cannabis. My friends with Rett syndrome who use medical cannabis actually sleep through the night and see extensive relief from painful muscle spasms," she said. "Why can't I get relief from mine?"
She said cannabis could also help improve her communication skills and help stop the frequency of episodes where she cannot breathe. Rhett Syndrome is a genetic neurological disorder that primarily affects girls.
"It is weird that every lawmaker I meet with, Democrat or Republican, they all agree that people like me deserve access to medical cannabis, yet we are still in the same place we were when I was 10 years old," she said.
Laura Schulte can be reached at leschulte@jrn.com and on X @SchulteLaura.
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