IGNITION INTERLOCK DEVICES IN WISCONSIN OWI CASES

Upon conviction for a second or subsequent OWI offense in Wisconsin, you will be required to install an Ignition Interlock Device (IID) on your car. IID punishments range from 1 year - the duration of a license suspension.

An IID is a small handheld breath testing device that requires an individual to provide a sober breath sample in order to start the vehicle's ignition. Additional random breath samples will also be required periodically while the car is in motion. Failure to provide a sample, or a breath result over a certain BAC level (typically .03) will result in the sounding of alarms that require the driver to pull over. The ignition interlock device stores all information and relays it to the proper authorities. Attempting to drive with an illegal blood alcohol content is a crime that carries additional penalties.

The IID must be installed on every vehicle the defendant owns and operates on a regular basis. It is illegal for an offender required to have the device to operate any vehicle that is not equipped with an IID. Judges may allow a Wisconsin OWI defendant in certain circumstances to use a car that is not equipped with an IID device so long as it is owned by their employer and operated during the scope of employment. In such situations, a letter must be signed by the employer acknowledging that he was told of the IID requirement, and kept in the vehicle at all times.

IID's are installed at designated ignition interlock service centers. OWI offenders are responsible for the cost of installation as well as the monthly payments for the duration of the sentence. Attempts to tamper or circumvent the IID will result in imposition of further penalties.

For more information on ignition interlock devices and how they may affect your case, contact an experienced Wisconsin DUI attorney in your area.

Wisconsin DUI Ignition Interlock Device Statutes

343.301 Installation of ignition interlock device or immobilization of a motor vehicle. 

343.301(1)(a)1.     
1. Except as provided in subd. 2., if a person improperly refuses to take a test under s. 343.305 or violates s. 346.63 (1) or (2), 940.09 (1), or 940.25, and the person has a total of one or more prior convictions, suspensions, or revocations, counting convictions under ss. 940.09 (1) and 940.25 in the person's lifetime and other convictions, suspensions, and revocations counted under s. 343.307 (1), the court may order that the person's operating privilege for the operation of "Class D" vehicles be restricted to operating "Class D" vehicles that are equipped with an ignition interlock device.

343.301(1)(a)2.     
2. If a person improperly refuses to take a test under s. 343.305 or violates s. 346.63 (1) or (2), 940.09 (1), or 940.25, and the person has a total of 2 or more convictions, suspensions, or revocations, counted under s. 343.307 (1) within any 5-year period, the court shall order that the person's operating privilege for the operation of "Class D" vehicles be restricted to operating vehicles that are equipped with an ignition interlock device and shall order that each motor vehicle for which the person's name appears on the vehicle's certificate of title or registration be equipped with an ignition interlock device. If equipping each motor vehicle with an ignition interlock device under this subdivision would cause an undue financial hardship, the court may order that one or more motor vehicles subject to this subdivision not be equipped with an ignition interlock device. This subdivision does not apply if the court enters an order under sub. (2) (a) 2. or, if the person has 2 or more prior convictions, suspensions, or revocations for purposes of this subdivision, to the motor vehicle owned by the person and used in the violation or refusal if the court orders the vehicle to be seized and forfeited under s. 346.65 (6).

343.301(1)(b)1.     
1. The court may restrict the operating privilege restriction under par. (a) 1. for a period of not less than one year nor more than the maximum operating privilege revocation period permitted for the refusal or violation.

343.301(1)(b)2.     
2. The court shall order the operating privilege restriction and the installation of an ignition interlock device under par. (a) 2. for a period of not less than one year nor more than the maximum operating privilege revocation period permitted for the refusal or violation, beginning one year after the operating privilege revocation period begins.

343.301(1)(c)     
(c) If the court enters an order under par. (a), the person shall be liable for the reasonable cost of equipping and maintaining any ignition interlock device installed on his or her motor vehicle.

343.301(1)(d)     
(d) A person to whom an order under par. (a) applies violates that order if he or she requests or permits another to blow into an ignition interlock device or to start a motor vehicle equipped with an ignition interlock device for the purpose of providing the person an operable motor vehicle without the necessity of first submitting a sample of his or her breath to analysis by the ignition interlock device.