In Wisconsin, ignition interlock devices (IID) are mandatory in cases of repeat convictions for operating while intoxicated (OWI), all refusals to submit to a chemical test and all first offense OWIs with an alcohol concentration of 0.15 or higher. The device is ordered for a minimum of one year. The IID requires a breath sample from the driver before the vehicle will start. If the breath alcohol content of the driver is 0.02 or higher, the vehicle will not start. The device requires random breath samples while the offender is operating the vehicle. These “rolling retests” are mandatory. Failing or missing a “rolling retest” activates the vehicle’s emergency lights and horn and the IID will require early service.
IIDs are leased for the duration of the court order and must be obtained from a service provider that is certified by the state to install and maintain IIDs. IIDs must be installed on any and all vehicles owned by or registered to the offender, including cars, pickup trucks, vans, motorcycles and large trucks. The court may exclude one or more vehicles from the order if the offender can demonstrate financial hardship. Failure to comply with the court order for IID installation will result in a six-month extension to the IID requirement. Additional fines, jail time or a combination of fines and jail time will be ordered by the court. Additional fines are $150 to $600 and jail time is a maximum of six months. Second or subsequent failures to comply with an IID order within five years of the original order will result in fines up to $1,000.
As part of the court order, the offender must comply with the routine service requirements of the device. Routine service is completed every 60 days by the certified service provider.
Attempts to circumvent, disconnect, remove or tamper with the IID after installation activates the vehicle’s emergency lights and horn and the IID will require early service. The event is recorded in the device and a service reminder is activated. The event will result in a six-month extension to the IID requirement in addition to fines, jail time or a combination of fines and jail time. Fines are $150 to $600 and jail time is a maximum of six months. Circumventing the device includes breath samples from sources other than the offender, manipulation of samples that enable a driver with a breath alcohol concentration above the preset limit to start or operate the IID-equipped vehicle and failure to complete any required servicing.
When the court orders the installation of an IID, the offender’s driving privileges are restricted to operate vehicles that are equipped with IIDs. Offenders may apply for an occupational license that will allow them to drive an IID-equipped vehicle to and from work or school and to drive for the purposes of managing essential household activities.
The offender is responsible for any and all costs associated with the IID. Wisconsin courts impose a $50 surcharge for the IID. The state does not regulate the fees associated with leasing an IID from a certified service provider. The offender will enter into a lease and service agreement with the service provider that includes fees for installation, monthly service and removal of the device at the end of the IID requirement period. The service provider may impose other fees for periodic calibrations, violation resets, missed appointments or permanent lockout conditions. Low-income individuals may be entitled to pay half the regular cost of IID installation and monthly service fee.
Additional Resources For Wisconsin
Wisconsin Department of Transportation: OWI Laws
Wisconsin Department of Transportation: Installation of an Ignition Interlock Device
Wisconsin Department of Transportation: Frequently Asked Questions
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