Wisconsin Statutes
Wis. Stat. § 345.24 (2026)
Officer’s action after arrest for driving under influence of intoxicant
✓ current as of July 2026
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345.24(1)(1) A person arrested under s. 346.63 (1) or (5) or an ordinance in conformity therewith or s. 346.63 (2) or (6) or 940.25, or s. 940.09 where the offense involved the use of a vehicle, may not be released until 12 hours have elapsed from the time of his or her arrest or unless a chemical test administered under s. 343.305 shows that the person has an alcohol concentration of less than 0.04, but the person may be released to his or her attorney, spouse, relative or other responsible adult at any time after arrest.
345.24(2)(2) If the person was issued an out-of-service order under s. 343.305 (7) (b), the person may be released as provided under sub. (1).
345.24 HistoryHistory: 1971 c. 278; 1977 c. 193; 1981 c. 20; 1985 a. 337; 1987 a. 3; 1989 a. 105; 1995 a. 436; 2009 a. 103.
Notes of Decisions
Cited in 2
cases, 1982–1992 · leading case: State v. Welsh, 321 N.W.2d 245 (Wis. 1982).
State v. Welsh, 321 N.W.2d 245 (Wis. 1982). “Further, sec. 345.24, Stats. 1977, provides that a person arrested for driving while under the influence of an intoxicant "may not be released until four hours have elapsed.”
State v. Vincent, 490 N.W.2d 761 (Wis. Ct. App. 1992). “04%, the accused may not be released pursuant to sec. 345.24, Stats. In these circumstances it is not the agency which has frustrated the accused's attempt to obtain the alternate test, but the accused's own failure to find a responsible adult to whom he or she can be released…”
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