Ignition interlock devices (IIDs) – devices that require a breath sample from the driver of a vehicle, and which must register no alcohol (which means 0.02%) – are a common requirement / Court Order for individuals convicted of Operating While Intoxicated (OWI) or “drunk driving” in Wisconsin.
The IID devices are installed in the driver’s vehicle (technically required on any vehicle owned or operated by the driver) and require the driver to pass a breathalyzer test before the car will be allowed to start. The IID temporarily prevents (disables) the vehicle’s ignition if it registers a blood alcohol content greater than .02%. While IIDs are generally an effective way to reduce drunk driving, they can be extremely expensive. Moreover, successful completion of an IID program is a condition for the recovery of driving privileges – and to obtain an occupational license. Yet, many people lack basic information on how they work. In this blog post, we review some key facts about Wisconsin’s IID regulations, associated costs, some tips to help you manage these expenses and how a DUI/OWI defense lawyer can help.
First off, it is important to note who can be subject to a court ordered IID.
- Any 2nd offense or higher OWI conviction requires a court-ordered IID;
- Any 1st offense with a Blood Alcohol Concentration (BAC) of .15% or higher also requires an IID order;
- Any driver convicted of an Implied Consent Law violation (i.e, refusal to submit to chemical testing at the request of law enforcement; and
- A person who injures or kills another person while driving while intoxicated.
IDs are required for all Class D vehicles (passenger cars, vans, and small trucks) in one’s name. If you own or are registered as the owner of multiple vehicles, you’ll need to install multiple IID devices to operate them throughout the restriction time requirement, unless you file for and obtain a court exemption. If one no longer owns a vehicle that is still in their name, they must contact the court to file for a specific exception.
One cannot circumvent the rules by driving another person’s vehicle or a rental vehicle without an IID installed. The court order is not vehicle specific – it is for any vehicle owned or operated by the person subject to the IID order. So, one subject to an IID order will face legal consequences if pulled over while driving any vehicle not properly equipped with an IID. Similarly, if someone else is pulled over while driving a car owned by a person subject to an IID order and the law enforcement officer discovers that person’s vehicle does not have and IID installed legal consequences will arise for the person who is subject to the IID requirement.
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.
EXPENSE OF IIDs
An IID is not a complimentary service provided by the courts. It is a court-ordered sanction for driving while intoxicated. 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 anywhere from $60 to over $100, depending on the unit.
INSTALLATION COSTS
When a person is required to install an IID in their vehicle, the person is responsible for the cost of installation. This cost can range from a couple hundred dollars to several hundred or even over a thousand dollars. The cost often depends on the type of device and the complexity of the installation. And this cost can vary significantly from mechanic to mechanic – or whoever is certified to perform (and provide documentation showing proof of) installation.
MONTHLY FEES
In addition to the cost of installation of an IID, the person is also responsible for monthly fees associated with the device. These fees generally cover the cost of monitoring and maintaining the device. Again, with the installation cost, the monthly fees associated with an IID can vary widely, so it’s of utmost importance to do your research and compare prices among the many companies who manufacture IIDs.
CALIBRATION COSTS
As with anything mechanical, IIDs require regular calibration to ensure they are always functioning properly. The person required to install the IID on their vehicle is the one responsible for the cost of calibration which, again, can range in price for each calibration making it very important to keep up with your calibration schedule to avoid additional fees or penalties.
REMOVAL COSTS
When the time for Order requiring the IID requirement is complete, one will need to have the IID device removed from the vehicle. Removal costs can vary from mechanic to mechanic – and some providers of the IID devices may offer discounts or waivers for removal as an incentive to go with their company. Make sure to inquire about possible waiver of installation and/or removal costs.
POTENTIAL FOR ERROR
IID devices – as with both Preliminary Breath Tests (PBT’s) used at the scene of an arrest, as well as Breathalyzers / Intoximeters at the police station – can be miscalibrated or improperly operated or can simply malfunction.
If you are subject to an IID installation Order of the court as a first-time offender, or as a repeat offender, we are prepared to consider all potential sources of error that could have led to an incorrect result.
PAYMENT ASSISTANCE
After the cost of hiring an attorney, payment of OWI fines, cost of getting an SR-22 (proof of insurance for obtaining an occupational driver’s license) and the cost of the occupational license itself, money will no doubt be tight. If you find yourself struggling to manage the costs associated with an IID requirement, there may be resources available to help. Some IID companies / providers offer payment plans or discounts for low-income individuals. Additionally, one may be eligible for financial assistance through a variety of government programs or community organizations.
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 going this direction, it is incredibly important to retain the help of a lawyer who can successfully convey your side of the story to the court. Mays Law Office, LLC has decades of experience doing precisely this We will leverage our knowledge and resources to protect your best interests while painting you in the best light.
While the costs associated with IIDs in Wisconsin can be significant, there are ways to help manage the costs. One can shop around for the best deals, request a waiver of the installation and/or removal expenses from the company providing the IID, keeping up with calibration schedules, and exploring payment assistance options. If you need legal assistance navigating the process surrounding drunk driving charges and IID requirements, Mays Law Office, LLC is here to help you.