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Wis. Stat. § 895.53

Civil and criminal liability exemption; tests for intoxication

Applied in 1 court decision — leading case Harvey v. Lee Winnebago Mental Health Institute (1997)

Most recently applied in Harvey v. Lee Winnebago Mental Health Institute (September 1997)

1983 a. 535; 1983 a. 538 s. 256; Stats. 1983 s. 895.53; 1985 a. 331; 1995 a. 448; 2005 a. 155.

(1) In this section:

(a) “Conservation warden” means a person appointed as a conservation warden by the department of natural resources under s. 23.10 (1).

(b) “Traffic officer” has the meaning specified in s. 340.01 (70).

(2) Any person withdrawing blood at the request of a traffic officer, law enforcement officer or conservation warden for the purpose of determining the presence or quantity of alcohol, controlled substances, controlled substance analogs or any combination of alcohol, controlled substances and controlled substance analogs is immune from any civil or criminal liability for the act, except for civil liability for negligence in the performance of the act.

(3) Any employer of the person under sub.

(2) or any hospital where blood is withdrawn by that person has the same immunity from liability under sub. (2).

Official source: Wisconsin State Legislature. Reproduced from public-domain Wisconsin statutes; confirm against the official source for the current text. Not legal advice.