Wisconsin Allows Roadside Saliva Tests for Suspected Drugged Driving

New law gives police an additional tool to detect drug impairment, but adoption remains uncertain.

Apr. 2, 2026 at 10:03am

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A new Wisconsin law allows police to conduct rapid roadside saliva tests to check for the presence of drugs like THC, opioids, and methamphetamine when they suspect a driver is impaired. While some law enforcement agencies piloted the program in recent years, it's unclear how quickly departments across the state will adopt the new testing capabilities.

Why it matters

Detecting drug impairment is more challenging than alcohol intoxication, and drug levels can decrease between the time of a traffic stop and a blood sample being collected. The new saliva tests aim to provide police with an additional objective tool to confirm the presence of drugs before making an arrest decision.

The details

The new law, Wisconsin Act 99, went into effect on March 15, 2026, two days after being signed by Democratic Governor Tony Evers. It allows police to request a saliva or breath test, or both, if they have probable cause to believe a driver is intoxicated. The officer uses a handheld device to swab the driver's mouth and analyze the sample. While the preliminary test results are not admissible in court, they can help inform the decision to make an arrest and pursue further laboratory confirmation.

  • Wisconsin Act 99 became effective on March 15, 2026.
  • The state Legislature passed the bill with bipartisan support in February 2026.

The players

Dane County Sheriff Kalvin Barrett

Advocated for the law change, stating that oral fluid screening would give officers an additional tool to confirm the presence of drugs.

Wisconsin Chiefs of Police Association President Danny Thompson

Stated that while the roadside test will be beneficial, he was not aware of any agencies immediately using it.

Manitowoc County Sheriff Daniel Hartwig

Said his office is monitoring guidance related to the new law but does not have plans to implement it at this point.

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What they’re saying

“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

“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.”

— Wisconsin Chiefs of Police Association President Danny Thompson

What’s next

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

The takeaway

The new law provides police with an additional tool to detect drug impairment, but its adoption across the state remains uncertain as departments evaluate the costs and logistics of implementing the roadside saliva testing program.