Wisconsin Ignition Interlock Device

Information & Resources

Information on Wisconsin Ignition Interlock and DWI Laws

It is illegal in Wisconsin for a driver over the age of 21 to operate a motor vehicle:


With a Blood/Breath Alcohol Concentration (BAC) of 0.08 or greater;

While under the influence of an intoxicant;

With a detectable amount of a restricted controlled substance in his or her blood; or

While under the influence of a controlled substance or any other drug.​

For drivers with three or more prior Operating While Intoxicated (OWI) convictions, the limit is lower; they cannot operate a motor vehicle if their BAC is greater than 0.02


Drivers under 21 years of age are required by law to maintain absolute sobriety and, for them, driving with any amount of alcohol in their system is illegal.

Definitions:

A driver is under the influence when his or her ability to operate a motor vehicle is impaired. A person's ability to operate a motor vehicle is impaired if he or she is less able to safely control the vehicle because of the consumption of alcohol or controlled substances. This means that if a police officer pulls you over and determines that you are impaired by alcohol and/or any other drug, you could be arrested and prosecuted, regardless of your BAC.


Penalties for operating a motor vehicle while intoxicated range from a forfeiture and license revocation for a first offense to up to six years imprisonment and a lifetime license revocation for subsequent offenses. Additionally, more severe penalties apply if injury or death results.


But no matter what your legal status, it is always wise to avoid driving if you have been drinking.


A recent review of alcohol impairment studies by the National Highway Traffic Safety Administration (NHTSA) concluded that impairment of some driving-related skills begins with even the smallest amount of alcohol in your system.

Offences and Penalties


Operating While Intoxicated (OWI) penalties range in severity depending on the type of offense and number of repeat offenses.​

For more information:



About Wisconsin's Ignition Interlock Device's


An ignition interlock device (IID), often known as a breathalyzer, is a tool that measures breath-alcohol concentration by blowing into a mouthpiece before the vehicle will start. Judges in Wisconsin are required to order an IID for (see Wisconsin Act 100):

  • ALL repeat OWI offenders.
  • ALL first-time OWI offenders with a blood alcohol concentration of 0.15 percent or higher.
  • ALL drivers who refuse to provide a breath or blood sample for a chemical test at a traffic stop.

How an IID Order Affects You


  • Your driving privilege is restricted so that ​​you can operate only IID-equipped vehicles during the duration of the order. 
  • IIDs are required to be installed on every vehicle owned by or registered to you, regardless of what type of vehicle (car, truck, motorhome, etc.).
  • An IID is not required on motorcycles, mopeds, or autocycles.
  • If you no longer own or operate a vehicle that is currently in your name, you must contact the convicting court to have the vehicle exempt from the IID requirement. The court will fill out and electronically submit the form to the DMV. You will receive a copy of the exemption form from the court for your records.
  • The convicting court will determine how long you are required to have an IID installed in your vehicle. The court electronically submits this information to the DMV. The duration of the IID requirement will be on the conviction status report that was provided to you by the court.
  • After you have been convicted of the OWI, your IID time requirement will start once you have been issued either a Wisconsin driver license or Wisconsin occupational license. See Wisconsin's Occupational License page for more information on obtaining an occupational license.
  • The IID Restriction time requirement will only begin when a license is issued on or after the date of conviction. This means that you can choose not to drive, however you cannot “wait out” the IID time requirement.
  • Courts may order the IID restriction to begin immediately; however, the time requirement will not start until a Wisconsin license has been issued.
  • Failure to install, early removal, or tampering could result in your driver license privileges being cancelled.
  • Anyone subject to an IID order may not operate a motor vehicle with a blood alcohol concentration above 0.02.


Obtaining an IID


IIDs are leased from and installed by an IID service provider for the duration of the restriction time requirement, typically a minimum of 12 months, but the duration is determined by the convicting court.

If you have an annual income less than 150% of the Federal Poverty Level (FPL), you may qualify for a reduced price, but you must work with the convicting court to determine if you are eligible.

To find the closest approved IID service provider, view the interactive map below.

Health Related Issues


There are no exceptions for individuals with medical or other conditions from a mandatory IID order.

  • If you are unable to provide an acceptable sample, you may be able to change to a different IID. Call your IID installer for assistance.
  • State law requires that all drivers meet minimum physical standards to be eligible for a driver license. If you assert that you are incapable of providing successful breath samples, you may be required to comply with the medical evaluation requirements detailed in ch. Trans 112, Wisconsin Administrative Code. This requires that you pay for a medical examination and may include behind-the-wheel testing by DMV.

Wisconsin's Ignition Interlock Device Program FAQs


Basic Information


Breath alcohol ignition interlock devices (IIDs) have been required for use by Wisconsin drivers convicted of either:

  • A first-time OWi with an alcohol concentration of 0.15% or higher,
  • A repeat OWi offender, or
  • A driver that refused to provide a breath or blood sample for a chemical test at a traffic stop.


At the time of conviction, the court will order an interlock to be installed and that the offender cannot operate a motor vehicle with a prohibited alcohol concentration of 0.02%, in addition to mandatory driver license revocation and, if required, confinement in either county jail or prison.


The interlock order affects the offender in two ways. First, the interlock order applies to every Class D vehicle owned or registered by the offender. Second, the offender's driving privilege is restricted so that they can operate only IID-equipped vehicles during the duration of the order.


Offenders may not operate a vehicle that requires a regular (Class D) driver's license if the vehicle is not equipped with an 11D while their operating privilege is restricted. The courts have no discretion to waive or modify that restriction.


Convicted OWi offenders may choose not to drive, but they cannot simply "wait out" the clock on their order. Offenders may be prosecuted for failure to comply with their order. The courts may order an 11D be installed prior to conviction, immediately after conviction if participating in a Huber (work release) program, or as soon as the offender can reinstate their driving privilege. When and if offenders choose to restore their operating privilege, the clock will start on their interlock order on the day DMV issues them any kind of license.


If offenders choose to apply for an Occupational License from DMV, which allows them to drive to/from work or school or to take care of essential household activities, then their restricted operating privilege will be conditioned on driving a vehicle equipped with an IID, and it will not matter who owns the vehicle (the offender, a family member, their employer, or whomever loaned them a vehicle). 

Fees


  • How much does an IID cost?

    Each approved manufacturer and service center will charge fees for device installation, monthly service, calibration, data monitoring or reporting, and removal at the end of the IID order. In addition to these mandatory services, they may charge additional fees for services like insurance, violation resets, missing appointments, changing vehicles, or early termination, provided they are disclosed at the time of installation.

  • Why is my vehicle considered "high-end" for installation?

    A typical installation fee charged by a service center is based on the amount of time needed to install an IID in a keyed vehicle ignition. The wiring diagram for a keyed ignition is relatively straight-forward and hasn't changed significantly since the advent of electronic ignition systems 40 or more years ago.


    A high-end installation is one where the vehicle has a push button system. These typically require recognition of a key fob, either by inserting it into a slot, or by sensing the radio waves they emit. These systems include additional electrical components, and the wiring diagrams can become complex. As a result, it will take more

    time to properly install the ignition interlock device and the fees will be adjusted accordingly. When you speak with a manufacturer, they will ask about your vehicle make, model and VIN so they can determine whether your vehicle will require additional time to accommodate a keyless ignition and any security system.

  • What are the requirements for reduced fees for an IID?

     Low-income offenders, with annual incomes less than 150% of the current non-farm Federal Poverty Level (FPL), are entitled to pay only half of the regular cost of equipping each motor vehicle with an 110 (installation and removal) and one-half of the cost per day per vehicle of maintaining (routine calibration and associated fees) the device. There are no provisions for a reduction in any other fee that may be assessed by an ignition interlock provider.


    The current limits are available from the U.S. Health and Human Services website:

    https://aspe.hhs.gov/topics/poverty-economic-mobility/poverty-guideIines.


    Contact the Clerk of Courts where your arrest occurred to determine what information must be provided for the court to make this declaration. It is optimal that eligibility be determined at the time of conviction, as there is no requirement for a refund if eligibility is determined after the device has been installed at full cost. You

    may be required to provide proof of eligibility to the interlock company at or before your installation appointment.

  • Our family has four vehicles- we cannot afford to have IIDs installed in all of them. What are our options?

    The interlock rule includes a provision that allowed the court to exempt one or more vehicles from the order if it would create an undue financial hardship.


    For example: John and Betty Smith (not real persons) own a minivan, a pickup, a sedan, and an SUV. John drives the SUV to work and the pickup to tow their camper and for hunting trips out west and their daughter, who is attending the University of Iowa, has the sedan. Betty and 2 teenage sons share use of the minivan. Betty was convicted of refusing the chemical test and received a 12-month interlock order. 


    The law requires each of these vehicles be equipped with an ignition interlock device, at an annual cost over $4,000.


    At the time of sentencing, Betty explained to the court that they are financially supporting their daughter and the eldest son will also be going to college in the fall. They simply cannot afford to maintain IIDs in vehicles she does not drive. The judge agreed and subsequently exempted the pickup, sedan, and SUV from the order. If Betty is caught driving any of the exempted vehicles, she could be facing fines between $150-$600 and/or up to six months in jail, plus a mandatory six-month extension

    of the IID order.


    The court cannot waive the license restriction, so the offender must have at least one vehicle equipped with an IID to comply with the order. The offender should make this request at the time of sentencing as the form must be signed and submitted directly to DMV by the court.

Health Related Topics


  • Are there any provisions in the law to modify an IID to accommodate medical conditions?

    No, the legislature did not incorporate any provisions for exempting individuals with medical or other conditions from a mandatory ignition interlock order. All 50 states have ignition interlock programs and only five (California, Florida, North Carolina, Oregon, and South Carolina) have medical exemption provisions. An offender who asserts a medical condition precludes them from operating an ignition interlock device may be subject to DMV's medical evaluation process.

  • Can the IID be made more user-friendly for a hearing-impaired offender?

    Service centers may be able to install the handset so that the display and indicator lights are more easily seen. Some can also install a light on the dash for additional assistance. Contact the manufacturer's customer service department assistance.

  • Other states allow a person with medical conditions to change device settings—why doesn't Wisconsin?

    State rules require the IID to record any attempt to tamper, circumvent or bypass the device. While many companies rely on either changing the breath direction or combining the flow with a hum tone, one company relies on a variety of sensors to verify the breath sample originated from a human. The devices from companies that rely on physical means to prevent circumvention would not be approved without these features.


    Offenders can install any approved device in their vehicle(s), including the one that relies on sensors to detect circumvention attempts.

  • Can the IID be made more user-friendly for an offender that uses hand controls to operate a vehicle?

    The offender will have to communicate this information to the manufacturer's customer service department when establishing an account. The service center will work to locate the handset within reach while driving. It will likely take additional practice to become accustomed to operation of the IID, particularly providing rolling retest samples in a timely manner. The device cannot be altered, nor can the retest feature be disabled as an accommodation.

  • Why can't the service center change the device to require a smaller sample or eliminate the hum or change in breath flow direction?

    All IIDs approved for use in Wisconsin must meet specifications established by the National Highway Traffic Safety Administration (NHTSA) and WisDOT, including a minimum 1.5-liter breath volume. Each device was testing using these criteria and changing that would adversely affect performance.


    Testing also verified that each device's anti-circumvention technique, whether changing breath flow direction or humming while exhaling was effective. If these features were turned off, the IID might be circumvented, and it will no longer meet Wis DOT approval requirements.

  • I have a medical condition that makes providing breath samples difficult—what are my options?

    There are no provisions in state law to exempt an offender with a medical condition from an IID order.


    However, there are three options that one can pursue when providing a breath sample is challenging:

    • Practice starting the vehicle while parked in a driveway or vacant parking lot. You may also seek additional training from the service center or by watching on line content.
    • If you are unable to provide an acceptable sample, you can change to a different ignition interlock device. Call your device's customer service department for assistance. You should plan to have the old device removed and the new one installed on the same day, if possible. Also, remember that you cannot legally operate a vehicle that does not have an IID, so you will need someone else to drive your vehicle to the installation appointment.
    • State law requires that all drivers meet minimum physical standards to be eligible for a driver license. If an offender asserts that they are incapable of providing successful breath samples, they may be required to comply with the medical evaluation requirements detailed in ch. Trans 112, Wisconsin Administrative Code. This requires a medical examination, paid for by the offender, and may include behind-the-wheel testing by DMV.

Court Orders & Legal Issues


  • Has the more stringent IID law made our roads safer?

    The roads will be safer as long as OWI offenders actually comply with their court order to have an IID installed. Once equipped with a device, a vehicle will not start if the driver has an alcohol concentration above 0.02% and will activate the alert mode after a non-passing retest confirmation is recorded.

  • What if the offender chooses not to drive?

    The IID order will remain in place until fulfilled and will not expire. In addition, the prohibited alcohol concentration order will also stay in place, so the driver cannot legally operate a vehicle in Wisconsin with an alcohol concentration above 0.02%- not the per se limit of 0.08% for the general public.

  • What if the offender does not own a motor vehicle?

    Even if the OWI offender does not own a vehicle, the operating privilege will be restricted. If the offender borrows leases or rents a vehicle, it must be equipped with an IID for them to legally operate it.


    It is acceptable for a family member or friend to "loan" the offender a vehicle so that they can have an ignition interlock device installed. DMV has procedures in place to ensure the installation is noted on the offender's driver record.

  • What happens if the offender does not comply with the IID order?

    Failure to install an IID in each vehicle owned by th-e offender will result in a fine of $150-$600 and/or up to six months in jail at the court's discretion, plus a mandatory six-month extension of the interlock order period. A second or subsequent violation within five years will result in fines up to $1,000.

  • What happens if the offender attempts to circumvent, disconnect, remove, or tamper with an IID?

    The IID will activate the vehicle's emergency lights and horn if any attempt to circumvent, disconnect, remove, or tamper while the vehicle is running is detected. The event is also recorded in the device memory, and a service reminder will be immediately activated.


    Act 100 criminalized circumvention, disconnection, removal or tampering with fines from $150-$600 and/or up to six months in jail at the court's discretion, plus a mandatory six-month extension of the IID order period. Circumvention includes breath samples from sources (human and non-human) other than the offender, manipulation of samples that enable a driver with a prohibited alcohol concentration to start or operate a vehicle equipped with an IID and failure to complete any required servicing.

  • How do I get a vehicle exempted from an IID order?

    The law does give the court some discretion to exclude one or more vehicles from an IID order if the offender can convince the judge that compliance would cause undue financial hardship. Each vehicle must be specifically identified on MV3617, which must be submitted directly to DMV by the court.

  • What are the options to operate a motorcycle under an IID order?

    DMV will automatically exempt any motorcycle registered to an individual with an interlock order.


    However, one must have a valid driver license to legally operate any vehicle in the state.

  • Are there extra requirements if the offender is in a Huber program?

    Offenders who are serving a sentence in county jail and qualify for daily work release, will have two weeks in which to show proof of having the IID installed. Failure to do so will result in revocation of work release

    privilege.

  • Is there any way to have the length of the order reduced if I don't have any violations after 6 months?

    No, there are no provisions in state law to reduce the length of the order for "good behavior" or any other  reason.

  • Can I get "credit" if I voluntarily install an IID before my case goes through the court system?

    No, there are no provisions in state law to credit an order with voluntary installation. The court does have the discretion to order IID installation before the case is adjudicated.

How do I get my license back in Wisconsin after an OWI?