Ignition Interlock Device (IID) After OWI: What You Should Know
Most people convicted of DUI/OWI charges in Wisconsin are subject to the mandatory installation of an ignition interlock device (IID) in their vehicles. The driver must blow into this breathalyzer device to start the vehicle. The IID temporarily prevents the vehicle’s ignition if it registers a blood alcohol content greater than .02%.
Successful completion of an IID program is often a condition for the recovery of driving privileges. Yet, many clients who visit our Wisconsin OWI/DUI defense law offices lack basic information on how they work. In this blog post, I’d like to review some key facts about Wisconsin’s IID regulations, associated costs, and how a DUI/OWI defense lawyer can help.
If you have been charged with an OWI/DUI in Wisconsin and are facing an IID mandate, I encourage you to quickly reach out to our law firm for a free case evaluation.
IIDs Are Required in Most Cases
In Wisconsin, ignition interlock devices are required in cases involving:
- A first-time OWI/DUI offender whose blood alcohol content (BAC) is .15% or higher
- Any subsequent OWI/DUI offenses, regardless of BAC
- A driver who refused to provide a breath or blood sample for a chemical test at a traffic stop
- A driver who injures or kills another person while operating a vehicle while intoxicated
The period of time for which you are required to have an IID in your vehicle is a matter of court jurisdiction. For a first-time offender, that period is typically one year. The penalty period may increase with subsequent offenses.
We Don’t Take Test Results at Face Value
Blood and breath alcohol test results are prone to error. Breathalyzers used at the scene of an arrest can be miscalibrated or improperly operated by the responding law enforcement official. Meanwhile, even a momentary lapse in storage and handling processes can render a false positive blood test result, as can improper analysis on the part of the laboratory technicians.
As Wisconsin’s only board-certified OWI/DUI defense specialists, attorney Lauren Stuckert and I are fluent in the science and language of breath and blood alcohol testing. We literally wrote the book on drunk driving defense in Wisconsin, and Lauren Stuckert was the first lawyer in Wisconsin to receive a certificate in Forensic Chromatography Blood Alcohol Analysis.
If you are subject to IID installation as a first-time offender, we are prepared to consider all potential sources of error that could have led to an incorrect result. Our goal is to clearly convey scientific evidence that bolsters your case.
An IID Goes on Every Vehicle Owned by or Registered to You
IIDs are required for all Class D vehicles (passenger cars, vans, and small trucks) in your name. If you own or are registered as the owner of multiple vehicles, you’ll need to install multiple ignition interlock devices to operate them throughout the restriction time requirement. If you no longer own a vehicle that is still in your name, you must contact the court to file for a specific exemption.
You cannot circumvent the rules by driving another person’s vehicle or a rental vehicle without an IID installed. You also face legal consequences if someone else is pulled over while driving a car you own and the responding offer discovers you have not installed an IID.
If you have been convicted of an OWI/DUI offense and have an IID order, it is not in your best interest to get caught driving without one. Even the first violation can result in additional fines and a jail sentence of up to six months.
You Cannot “Wait Out” an IID Requirement
In Wisconsin, every OWI/DUI conviction results in some period of license suspension or revocation.
As long as you didn’t injure anyone else while operating while intoxicated, you will have the option to appeal, which a knowledgeable drunk driving defense lawyer can help with.
Alternatively, after a certain amount of time, you may be eligible to apply for an occupational license, which allows you to operate a vehicle for necessary tasks, like commuting to work.
While you can choose to not pursue special licensing during this period, you cannot choose to wait out the associated IID order. When you start driving again, you will be subject to the full duration of the time requirement.
An IID Will Cost You Money
An ignition interlock device is not a complimentary service provided by the courts. In Wisconsin, offenders are required to pay an installation fee, a removal fee, and a monthly fee to the company leasing the device. Installation fees can range from $50 to $150, as do removal fees. Monthly leasing fees usually cost $60 to $80.
This is a per-vehicle cost calculation. To illustrate an example, say you own and operate an SUV and a sedan while maintaining the registry of a pickup truck no longer in regular use. Your total costs for a year-long IID requirement can range from approximately $2,500 to $3,500.
Exemptions for Financial Hardship
You may be exempted from IID installation if it can be proven that the costs associated with compliance would cause you undue financial hardship. When taking this route, it’s incredibly important to retain the help of a lawyer who can successfully convey your side of the story to the court. Lauren Stuckert and I have decades of experience doing precisely that. We will leverage our knowledge and resources to protect your best interests while painting you in the best light.
An Attorney Can Help You Avoid Prolonged Penalties
At Mishlove and Stuckert, LLC, we tailor our approach to the client. Our attorneys can assist with the following matters, and more:
- Appealing IID installation for a first-time DUI/OWI offense
- Filing for the reinstatement of your driver’s license
- Challenging the accuracy of blood and breath test results
- Calling test results from the IID into doubt
- Representing you in court and hearings
Contact Wisconsin’s Only Board-Certified Drunk Driving Defense Specialists
Choose Wisconsin’s top OWI/DUI defense lawyers to give yourself the best chance after a drunk driving charge. Let’s see how we can help you reduce IID penalties or avoid them entirely during a free consultation. We have offices in Milwaukee, Waukesha, Oshkosh, and West Bend for your convenience.
About Andrew Mishlove
A board-certified OWI defense specialist, Andrew Mishlove has practiced law in Wisconsin since 1981. He is a nationally recognized figure when it comes to drunk and intoxicated driving defense. Mr. Mishlove is the author of Wisconsin OWI Defense: The Law and Practice and is on the Board of Regents of the National College for DUI Defense (NCDD).
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