Alcohol Testing Behind the Wheel: Wisconsin's Ignition Interlock Law

August 05, 2012

Every year, lawmakers seem to find new ways to ratchet up the punishment for drunk drivers. But it's not just jail time and fines anymore; innovative technological solutions are increasingly being tapped to address drunk driving concerns.

An ignition interlock is an electronic device that, when installed in a vehicle, will not allow the engine to start until the driver provides a breathe sample that measures below a certain limit for blood alcohol content. In addition, to keep the engine running, the driver must periodically breathe into the ignition interlock while operating the vehicle.

Under Wisconsin law, drunk driving offenses are known as operating while intoxicated, or OWI for short. For those potentially facing OWI charges, it can be helpful to gain a basic understanding of Wisconsin's ignition interlock requirements.

Basic Requirements of the Ignition Interlock Program

Wisconsin's statewide ignition interlock program began with a law change that went into effect in 2010. Under the law, Wisconsin courts are required to order ignition interlock devices to be installed on all vehicles owned by or registered to drivers convicted of certain criminal offenses. The court may use its discretion to specifically exempt individual vehicles if the offender can show that full compliance with every vehicle would cause undue financial hardship -- for instance, if the offender owns a vehicle that is only driven by his or her spouse, the court might exempt this vehicle from ignition interlock installation.

There are three offenses that result in mandatory installation of ignition interlocks in Wisconsin:

- First time OWIs in which the driver was arrested with a BAC of 0.15 or higher

- Repeat (second or subsequent) OWIs

- Refusals to submit to a chemical test to measure alcohol level at the time of arrest

Ignition interlock devices must be ordered for a minimum of one year, and the offender's driving privilege is restricted so that he or she may only operate vehicles equipped with an ignition interlock while the court order is in effect. Under Wisconsin law, the prohibitive alcohol concentration for the duration of the order is 0.02, meaning that vehicles equipped with an ignition interlock will not start if the driver measure above this level. In comparison, the prohibited alcohol concentration for drivers without ignition interlocks is 0.08; for most individuals, 0.02 is the equivalent of about one alcoholic drink.

Failure to install, removal, disconnection, tampering or circumvention (for instance, having someone other than the driver provide a breath sample) of an ignition interlock can have serious consequences. Punishments for these behaviors include fines ranging from $150 to $600, up to six months in jail and a six month extension of the required ignition interlock period.

Logistics of Ignition Interlock Service

An ignition interlock device is leased from a service provider for the period it is required by the court. Fees for installation, monthly service, periodic calibration, violation resets and eventual removal of the ignition interlock are all paid by the driver being sanctioned. If paying these expenses would cause the driver an "undue financial hardship," the court may decline to order the installation of an ignition interlock.

It is up to offenders to set up installation of their ignition interlocks. A list of ignition interlock service centers is available online through the Wisconsin Department of Transportation website. Offenders can call a listed toll-free number to schedule an ignition interlock installation appointment. The installation must be completed within 14 days of a court order or a driver request, whichever is later.

Don't Want an Ignition Interlock? Your Best Bet Is to Fight OWI Charges

In limited circumstances, you may be able to argue for a hardship exemption to avoid an ignition interlock in the wake of an OWI conviction. However, such exemptions are uncommon, and you are unlikely to get one without a compelling legal argument.

Since ignition interlocks are mandatory for most people convicted of OWI in Wisconsin, the best way to keep an ignition interlock out of your vehicle is to fight pending OWI charges. There are many ways to challenge OWI charges, from calling into question the legality of the original traffic stop to discrediting chemical testing results. A Wisconsin OWI attorney can tell you more about fighting drunk driving charges, and can help you build a defense based on the individual circumstances of your arrest. If you've been charged with OWI, call a lawyer today.

Article provided by Huppertz & Powers, S.C.
Visit us at www.waukeshacriminalattorneys.com