As a defense attorney, representing clients charged with DUI or OWI (Operating While Intoxicated) offenses in Wisconsin requires a deep understanding of not only the legal and procedural aspects of these cases but also the impact of certain penalties, such as the installation of ignition interlock devices (IIDs). Ignition interlocks play a critical role in the sentencing phase of DUI cases, and it’s crucial for both defense attorneys and their clients to fully comprehend the requirements and potential consequences. Let’s take a closer look at the ignition interlock requirements in Wisconsin.

What Is an Ignition Interlock Device?

An ignition interlock device (IID) is a breathalyzer system installed in a vehicle to prevent an individual from starting the car if their blood alcohol content (BAC) exceeds a preset limit, which is .02 in Wisconsin. The device requires the driver to blow into it before starting the car, and in some cases, while driving. If an alcohol level is detected above the determined preset, the vehicle will either fail to start or prompt a rolling retest, requiring the driver to blow again during the journey.

From a defense attorney’s point of view, understanding when and why an IID is mandated is critical for advising clients about the potential consequences of a DUI conviction.

When Are Ignition Interlocks Required?

Under Wisconsin law, ignition interlocks are often a mandatory penalty for individuals convicted of DUI or OWI offenses, particularly those with higher BAC levels or repeat offenders. It is important for a defense attorney to understand the specific scenarios in which an IID will be required, as this can have significant implications for their client’s driving privileges, financial situation, and overall lifestyle.

1. First-Time Offenders with a High BAC:
   • If a first-time offender has a BAC of 0.15 or higher, an IID is mandated as part of their sentencing. This requirement generally lasts for a minimum of one year after the individual’s license is reinstated.
   • As a defense attorney, it is important to inform clients that even for a first offense, if their BAC is high, they may face the installation of an ignition interlock device, which can be both financially and logistically burdensome.
2. Repeat Offenders:
   • For individuals with prior DUI or OWI convictions, ignition interlocks are required for all subsequent offenses. In cases of repeat offenders, the court often mandates longer IID installation periods, sometimes for several years.
   • A defense attorney should be proactive in negotiating possible reductions in the period of IID installation, especially for repeat offenders who may have made efforts toward rehabilitation or who are facing significant hardships.
3. Drivers Who Refuse Chemical Testing:
   • Wisconsin imposes strict penalties for individuals who refuse to submit to chemical testing during a DUI stop. A refusal may lead to the mandatory installation of an ignition interlock device, in addition to other consequences like extended license revocations and alcohol education or treatment requirements.
   • Defense attorneys must thoroughly examine the circumstances surrounding the chemical test refusal and explore whether there are legitimate grounds for challenging the refusal in order to avoid the IID requirement.

Understanding the Duration and Cost of Ignition Interlocks

Once an ignition interlock device is installed, the duration of its use depends on the specifics of the case. For first-time offenders with a BAC above 0.15%, the duration of the order is exactly one year, no more, no less. For repeat offenders or those involved in felony DUI offenses, the installation period can extend up to several years. In common practice, for repeat offenders, the IID requirement is for the same duration as the license revocation. However, by statute, in any case the IID requirement can be as low as one year.

From a defense attorney’s standpoint, the client should be made fully aware of the financial burden posed by the installation and maintenance of the ignition interlock. The monthly costs associated with IIDs can range in a monthly average from $70 to $150 per month, which consists of both the installation and ongoing maintenance, including calibration and monitoring. However, different vendors apportion installation fees and rental fees differently.

Navigating Compliance and Violations

While an IID is installed to ensure compliance with DUI regulations, there are strict guidelines that must be followed to avoid further penalties. Clients must understand that the ignition interlock requires regular breath tests, not only before starting the vehicle but also periodically while driving. Failure to comply with these rules can result in significant consequences. In particular, tampering with an IID is a criminal offense subject to jail time, as is failing to install an IID that is operated by an individual subject to an IID order.

A defense attorney’s role is to help ensure that clients fully understand their obligations under the court’s order.

Legal Options for Challenging or Modifying IID Requirements

As a defense attorney, it is critical to look for every possible avenue to help your client avoid unnecessary or overly harsh penalties. In cases where an IID is required, there may still be room for negotiation or legal challenges:

1. Negotiating a Reduced IID Period: In some cases, especially for first-time offenders, it may be possible to negotiate with the prosecution for a reduced IID installation period or for alternative sentencing options. As mentioned above, even where the revocation period ordered by the Court may be as much as 36 months, the mandatory minimum IID period remains 12 months. And for first-time offenders with a BAC over .15, firm negotiations may result in the parties formally stipulating to a BAC of .149 or below, thereby avoiding the IID requirement altogether. In the case of particularly intransigent prosecutors unwilling to enter into such an agreement, an aggressive defense advocate can request a trial specifically on the issue of whether the client’s BAC actually was above .15 at the time of driving, versus the time of operation, due to post-operation absorption of recently consumed alcohol. The attorneys at Mays Law Office have enjoyed great success with all three approaches.
2. Challenging the IID Requirement: In certain situations, a defense attorney may be able to challenge the requirement of an IID altogether, particularly if there are valid concerns regarding the circumstances of the DUI charge or the client’s eligibility for certain exemptions.
3. Seeking Payment Assistance: Wisconsin offers a payment assistance program for those unable to afford the cost of the device. As a defense attorney, ensuring your client is aware of this program and helping them apply can significantly reduce the financial strain caused by an IID requirement.
4. Assisting with Compliance: In Wisconsin, the IID requirement applies to any vehicle owned or operated by the subject of the order. This means that in order to obtain any form of driver’s license, IIDs must be installed not only on the vehicle that the subject intends to drive, but also on any vehicle titled in his or her name. In other words, often spouses’ or children’s vehicles, company vehicles, collector vehicles in storage, or even vehicles that may have been scrapped or totaled years or even decades ago and never retitled. It can be a seemingly overwhelming situation to face, and the assistance of a skilled and experienced attorney is critical for making sure you can get back on the road with as little delay as possible.

Conclusion

In order to achieve the best possible outcome for your case, it is critical for your defense attorney to understand the specific situations in which an IID is required, the challenges it presents for clients, and strategies and techniques for mitigating or eliminating this requirement. From negotiating the duration of the IID to seeking potential vehicle exemptions or payment assistance, it is our goal at Mays Law Office to advocate for the best possible outcome for our clients, minimizing the impact of DUI penalties and helping them regain their driving privileges with as few complications as possible.