Ignition Interlock Device (IID) Requirements and Exemptions in Wisconsin
An Ignition Interlock Device (IID) is mandatory in Wisconsin for all repeat OWI offenders and first-time offenders with a PAC of 0.15 or higher. Installing and maintaining this device costs roughly $1,000 per year, but an attorney may help you secure an undue financial hardship exemption for household vehicles.
Navigating IID Laws in Wisconsin
Getting convicted of an Operating While Intoxicated (OWI) charge in Wisconsin brings severe logistical and financial burdens. One of the most disruptive penalties is the court-ordered installation of an Ignition Interlock Device (IID). This device requires you to provide a clean breath sample before the vehicle's engine will start, and it requests rolling retests while you are driving. Governed by Wis. Stat. § 343.301, IID restrictions are strictly enforced by local courts and the Wisconsin Department of Transportation, Madison. If you are ordered to install an IID by the Outagamie County Circuit Court, Appleton or the Kenosha County Circuit Court, Kenosha, you must comply fully before you can legally drive again. Consulting a defense attorney found in our US Attorney Directory can help you manage these requirements or petition for critical exemptions.
When is an IID Mandatory?
Judges in Wisconsin have very little discretion when it comes to ordering an IID. State law dictates that the court must mandate an IID for a period of 1 to 3 years for the following offenses:
- Any second or subsequent OWI conviction.
- Any first-offense OWI where the Prohibited Alcohol Concentration (PAC) was 0.15 or greater.
- Any refusal to submit to a chemical test (Implied Consent violation).
The IID period begins on the day your driver's license is officially revoked, but you will not receive credit for the IID requirement until the device is actually installed and the installation certificate is filed with the DMV. Courts have upheld the strict application of these rules in precedents such as Village of Grafton v. Seatz, 352 Wis. 2d 747 (WI Court of Appeals 2014), underscoring the state's zero-tolerance policy on IID circumvention.
Financial Hardship and Vehicle Exemptions
Wisconsin law requires you to install an IID on every single vehicle titled or registered in your name (even jointly). For a family with three cars, this can be financially devastating. However, your attorney can petition the court for a vehicle exemption by proving undue financial hardship. By filing Form TR-315, Wisconsin, Circuit Court, Petition to Exempt Vehicles from Ignition Interlock Requirement, a judge may allow you to install the device on only one primary vehicle. It is important to note that this exemption does not allow you to drive the unequipped vehicles; it simply saves you the cost of installing three separate devices.
Penalties for IID Tampering or Violations
Attempting to bypass the device or driving a vehicle without an IID is a massive legal mistake. Under Wis. Stat. § 347.413, removing, tampering with, or otherwise bypassing an ordered IID is a criminal misdemeanor. The penalty includes fines up to $600 and up to 6 months in the county jail. Furthermore, if you are caught driving a non-equipped vehicle while under an IID restriction, your IID period will be extended by an additional 6 months, and you will face severe new traffic charges.
How Much Does an IID Cost in Wisconsin?
The financial burden of an IID falls entirely on the driver. Standard expenses include:
| IID Expense Category | Estimated Cost in Wisconsin |
|---|---|
| Installation Fee | Typically ranges from $75 to $150 per vehicle. |
| Monthly Lease & Calibration | Usually between $70 and $100 per month. |
| Removal Fee | Generally around $50 to $100 when your mandatory period ends. |
| Total Annual Cost | Expect to pay between $1,000 and $1,300 per year, per vehicle. |
If your household income is below 150% of the federal poverty line, the judge is required to limit the IID installation and monthly fees to half the standard cost, which your attorney can formally request during sentencing.
How Long Does the IID Requirement Last?
For a first-offense OWI with a high BAC, or a first-time refusal, the mandatory IID period is exactly 1 year. For second or third offenses, the period ranges from 1 year up to the maximum length of your criminal sentence (which can be 2 to 3 years). The clock does not start ticking until the device is installed and you have obtained your occupational or reinstated license.
Frequently Asked Questions (FAQ)
Can I drive my spouse's car if it doesn't have an IID?
No. Once your driver's license is restricted, it is illegal for you to operate any motor vehicle in Wisconsin that is not equipped with a functioning Ignition Interlock Device, regardless of who owns the vehicle.
What happens if I fail a rolling retest?
If you fail a rolling retest while driving, the device will typically log the violation, sound the vehicle's horn, and flash the lights until you pull over and turn off the engine. The DMV will be notified of the failure.
Do I need an IID for a motorcycle?
Wisconsin law generally excludes motorcycles and mopeds from the IID installation requirement. However, this means you are strictly prohibited from legally operating a motorcycle for the entire duration of your IID restriction period.
Can someone else blow into the IID for me?
No. Having another person provide a clean breath sample so you can drive is considered criminal tampering. Most modern IID systems include a camera that takes a photograph of the person providing the breath sample to prevent this exact fraud.
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