Wis. Stat. » CHAPTER 895 — DAMAGES, LIABILITY, AND MISCELLANEOUS PROVISIONS
Wisconsin Statutes

Wis. Stat. § 895.53 (2026)

Civil and criminal liability exemption; tests for intoxication

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895.53895.53 Civil and criminal liability exemption; tests for intoxication.
895.53(1)(1) In this section:
895.53(1)(a)(a) “Conservation warden” means a person appointed as a conservation warden by the department of natural resources under s. 23.10 (1).
895.53(1)(b)(b) “Traffic officer” has the meaning specified in s. 340.01 (70).
895.53(2)(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.
895.53(3)(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 (2) or any hospital where blood is withdrawn by that person has the same immunity from liability under sub.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).
895.53 HistoryHistory: 1983 a. 535; 1983 a. 538 s. 256; Stats. 1983 s. 895.53; 1985 a. 331; 1995 a. 448; 2005 a. 155.
Notes of Decisions
Cited in 2 cases (1 in the last 5 years), 1996–2026 · leading case: State v. Spring, 555 N.W.2d 384 (Wis. Ct. App. 1996).
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State v. Spring, 555 N.W.2d 384 (Wis. Ct. App. 1996). · cites it 7× “The concluding paragraph of this page recites the following: *347 pursuant to section 895.53(2) and (3), Wisconsin Statutes, any person withdrawing blood, any employer of the person withdrawing blood or any *348 hospital where there is blood withdrawn by that person, at the…”
House, No. 2:25-cv-01366 (E.D. Wis. Mar. 31, 2026). “He argues that the plaintiff would not be prejudiced because the statute of limitations bars his recovery.”
Wis. Stat. § 895.53(2): 1 case
State v. Spring, 555 N.W.2d 384 (Wis. Ct. App. 1996). “The concluding paragraph of this page recites the following: *347 pursuant to section 895.53(2) and (3), Wisconsin Statutes, any person withdrawing blood, any employer of the person withdrawing blood or any *348 hospital where there is blood withdrawn by that person, at the…”
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