Minnesota:
A side-by-side comparison of program requirements for Wisconsin and its neighboring states is provided on the following table:
Item | Illinois | Iowa | Michigan | Minnesota |
Annual Recertification | Required | | Required | Required |
Calibration & Download | 67 days | real time or 67 days | | 30 days or real time 67 days |
Camera | Required | Required | Required | Required |
Install on CMV | Not Allowed | | | Not Allowed |
Install on motorcycle | Not Allowed | | | Not Allowed |
Medical Exemption | Yes, with rules | | | Yes, with rules |
Oversight Department | Secretary of State | Department of Public Safety | Secretary of State | Driver and Vehicle Services |
Real-time reporting | Allowed | Allowed *if used with fuel cell and pass additional testing, can calibrate every 187 days | | Allowed |
Reciprocity | Yes, with rules | | | Yes, with rules |
Report logs to state | Within 7 days | As requested, 30 days tamper, 10 days missed calibration | | |
Set-point | 0.025 | 0.025 | 0.025 | 0.02 |
Work Exemption | Yes with rules | | | Yes with rules |
Item | Illinois | Iowa | Michigan | Minnesota |
Anti-Circumvention | Required, blow pattern or hum | | | |
BAIID Installer Certification | | | Required | |
Dead Zone | 75 miles | | 50 miles | |
Fee Schedule reported | Required | | | |
Imdemnify State | Required | | Required | |
Journal | Required | | Suggested | |
Liability Insurance | Required | Required | Required | |
List where operate(d) | Required | List where revoked | | |
Maintain customer service number | Monday - Friday, normal business hours | 24/7/365 | | |
Mobile Install | Allowed with rules | | | |
NHTSA Tests | 2013 | 1992 | 2013 | 2013 |
Provide State Staff Training | > 10 hours | | | |
Provide Testimony | Required | | | |
Purge before sample | | Required | | |
Record Retention | 3 years after removal | 5 years after removal | | |
Rectify malfunctioning device | 48 hours | | | |
Report (de)install to state | 7 days | | | |
Send in part of BAIID for calibration/download | allowed | | | |
Service Center certification | | Required | Required | |
Share all documents (P&P, QC, contract, etc) | Required | | | |
Soft/firm-ware modifications | Pre-approved | Pre-approved | Pre-approved | |
Technology Requirements | Not Solid-State | Fuel Cell | | |
Item | Illinois | Iowa | Michigan | Minnesota |
Calibration Window | 30 days 1st, 67 days thereafter | 67 days or more frequently | | |
IRT | 5-15 min | 10 min | 15 min | 5-7 min |
RRT | 2 per hour within 45 minutes of IRT | 2 per hour | 15-45 min | 15-45 min |
Sample window | | | 5 min, multiple attempts | 10 min |
Free Restart | | Yes, unless in RT or failed | Yes, unless failed | |
Horn and/or light | didn’t provide RT sample | >0.025 | >0.025 | |
Lockout | 3 > 0.05 30 min | didn’t provide RT sample | | |
Violation | >10 start fails | fail to complete RT | >0.025 | fail start, 5 min lockout, 10 min to provide pass |
| fail to complete RT | >0.025 | 3 start fails (minor) | fail to pass RT |
| > 0.05 * | bypass | miss calibration (minor) | refuse RT 3x in 7 days |
| Tamper * | tamper | fail to complete RT | Tamper |
| Circumvent * | | OWI arrest | Circumvention |
| Miss Calibration | | Tampering | Operate without BAIID |
| Operate without BAIID * | | Circumvention | ≥0.02 |
| BAIID removed * | | 3 minor violations | Obstruct image capture |
| OWI or alcohol-related charge * | | Remove Device | If cancelled license, failure to provide 30 start samples a month |
Penalty | * = revocation | | Minor = 3 month extension | 1st = 180-day extension |
| 1st = 3-month suspension | | Major = revocation | 2nd = 1-year extension |
| 2nd = 6-month suspension | | | 3rd + = 545-day extension |
| 3rd + = 12-month suspension | | | |
Summary of the Factual Data and Analytical Methodologies:
Section 110.10, Stats., charges the department with responsibility for implementing a breath alcohol ignition interlock device (BAIID) program that will be conveniently available to persons throughout the state. The statute requires that the program include approval criteria for BAIID installation, service, and removal, provisions for reporting BAIID installation, use, and a periodic review of fees customers are charged. It also requires that BAIIDs be available to customers without a court order and that courts may order a lower fee structure for those determined to be indigent. The statute directs the department to adopt rules that implement the statute. The decision to promulgate rules in this environment is therefore legislatively directed. The basic goal of an BAIID program is to improve traffic safety through clearly developed standards that outline the establishment of, participation in, and compliance with the program as well as device functionality requirements. Four main issue areas make up the program: device functionality requirements, provider oversight, participant oversight, and a standardized reporting process. Coleman, Angela, et. al.: Ignition Interlock Program Best Practices Guide, American Association of Motor Vehicle Administrators (2018).
While installed, BAIIDs reduce recidivism and improve traffic safety. Kaufman, Elinore and Wiebe, Douglas: Impact of State Ignition Interlock Laws on Alcohol-Involved Crash Deaths in the United States, American Journal of Public Health (2016); Teoh, Eric, et. al.: State Alcohol Ignition Interlock Laws and Fatal Crashes, Insurance Institute for Highway Safety (2018); Fleming, Susan: Alcohol Ignition Interlocks Are Effective While Installed; Less is Known About How to Increase Installation Rates, United States Government Accountability Office (2014). BAIIDs are designed to prevent a driver from operating a vehicle when the driver’s breath alcohol concentration is at or above a prohibited alcohol concentration (PAC). BAIIDs also require drivers to provide breath samples periodically while operating the vehicle to ensure that their breath alcohol concentration remains below the PAC. Pre-approval of devices and oversight of their providers ensures consistent BAIID functionality and administration throughout the state. Ciccel, De Carlo: Model Specifications for Breath Alcohol Ignition Interlock Devices (BAIIDs), National Highway Traffic Safety Administration (2013). The department has administered the BAIID program since the 1990’s and found it to be effective.
Analysis Regarding Rule’s Effect on Small Businesses:
The department has polled companies that manufacture devices currently approved in Wisconsin to determine what modifications or costs they expect would be associated this proposed rulemaking and that would affect small businesses, such as independent service providers. The department has relied on their expertise in preparing this small business analysis.
Effect on Small Business:
The proposed rule would require BAIIDs installed in Wisconsin to include features not currently required in this state, such as a camera and communications technology. Local service centers would be required to train their installers and service professionals on how to install and service these new features. The businesses would need to make modifications to their installation procedures to implement installation of devices with these new features. The department expects this would have a one-time effect on small businesses that act as service providers.
Because the proposed rule would change many of the Wisconsin program’s requirements and procedures, the department expects all persons involved in the ignition interlock program including manufacturers, service providers, police, assessment and treatment agencies, courts and department personnel will need to learn about the program changes that result from implementation of any rulemaking related to ignition interlocks.
Agency Contact Person:
Diane Brockley-Drinkman
Chemical Test Section
3502 Kinsman Blvd,
Madison 53704-2549
Phone: 608-243-2952
Place Where Comments Should be Submitted, and Deadline: Comments may be submitted to the agency contact person listed above, or through the Legislature’s Administrative Rules website http://docs.legis.wisconsin.gov/code until the deadline given in the forthcoming notice of public hearing. TEXT OF PERMANENT RULE
SECTION 1. Trans 313.01 is amended to read:
Trans 313.01 Purpose. The purpose of this chapter is to establish specifications and requirements of court–ordered ignition interlock devices and their calibration, installation and maintenance as required by s. 347.413 (2), Stats. implement the Wisconsin ignition interlock program consistent with the mandate of s. 110.10, Stats., and consistent with the provisions of ss. 343.10, 343.13(3), 343.301, 343.38(5), 347.413, 940.09(1d), and 940.25(1d) Stats. SECTION 2. Trans 313.01 (note) is repealed.
SECTION 3. Trans 313.02 is amended to read:
Trans 313.02 Applicability. This chapter applies to all law enforcement agencies, manufacturers, vendors, service providers and other persons engaged in court–ordered ignition interlock device program administration in this state.
SECTION 4. Trans 313.03 (3m) is created to read:
Trans 313.03(3m) “Alert mode” means that the device causes the horn or other pronounced emergency signal audible to other drivers and law enforcement to sound, and the vehicle’s emergency lights or visible secondary visual signals apparent to other drivers and law enforcement to flash.
SECTION 5. Trans 313.03 (4m) is created to read:
Trans 313.03(4m) “Applicant” means any person seeking the approval of a device by going through the device approval procedure described in s. Trans 313.04. SECTION 6. Trans 313.03 (7) is amended to read:
Trans 313.03(7) “Calibration” means the processes process which of testing and adjusting a device to ensure an accurate the device is accurately measuring the alcohol concentration reading on a of a breath sample provided to the device.
SECTION 7. Trans 313.03 (8) is amended to read:
Trans 313.03(8) “Chief of the chemical test testing section” means the person assigned the responsibility for the administration and supervision of the breath alcohol testing, approval and permit program of the department.
SECTION 8. Trans 313.03 (9) is amended to read:
Trans 313.03(9) “Circumvention” means an unauthorized, intentional overt act or attempt to start, drive, or operate a vehicle equipped with a device, without the driver of the vehicle providing all required breath samples. Circumvention includes the provision of bogus samples, tampering, the provision of air samples that enable a driver with a prohibited alcohol concentration to start, drive, or operate a vehicle equipped with a device, and failure to complete any required servicing. Circumvention does not include disconnecting the device from its power source during vehicle or device service, nor disconnection of a handset as authorized under s. Trans 313.04(5)(k). SECTION 9. Trans 313.03 (10) is amended to read:
Trans 313.03(10) “Customer” means a person who is required by court order to have has a device installed in a vehicle.
SECTION 10. Trans 313.03 (14) is repealed.
SECTION 11. Trans 313.03 (14m) is created to read:
Trans 313.03(14m) “Fixed, permanent service center” means a facility in a permanent building at which device services can be provided.
SECTION 12. Trans 313.03 (16g) and (16m) are created to read:
Trans 313.03(16g) “Minimum sample acceptance criteria” means the sample meets the criteria established by the manufacturer for detection of whether a given breath sample has been provided by a human being.
Trans 313.03(16m) “Mobile service center” means a service center that operates out of a motor vehicle or trailer.
SECTION 13. Trans 313.03 (16m) (note) is created to read:
Trans 313.03(16g) (note) Note: Mobile service centers typically drive to locations at which they are able to provide convenient service to customers.
SECTION 14. Trans 313.03 (16r) is created to read:
Trans 313.03(16r) “Passing breath sample” means a breath sample below a device’s alcohol setpoint and that meets all minimum sample acceptance criteria for that device.
SECTION 15. Trans 313.03 (17) is amended to read:
Trans 313.03(17) “Permanent lockout” means a feature condition of a in which the device in which a prevents a person from operating the vehicle will not start and will not accept a breath sample until the device is reset by a service provider, except as provided in s. Trans 313.04(5)(i). SECTION 16. Trans 313.03 (19) is repealed.
SECTION 17. Trans 313.03 (20) is amended to read:
Trans 313.03(20) “Restart” means a feature of a device in which a vehicle is successfully started or operated and, when the engine or electric propulsion system stops for any reason, including stalling, the engine vehicle may be restarted within a 2-minute period, without requiring any additional breath samples.
SECTION 18. Trans 313.03 (20m) is created to read:
Trans 313.03(20m) “Result” means a piece of data that categorizes whether a breath sample is provided to the device and, if provided, whether it meets the device’s minimum sample acceptance criteria for breath quality and alcohol concentration.
SECTION 19. Trans 313.03 (21) is amended to read:
Trans 313.03(21) “Retest” means a feature of a device which will require the driver to provide a subsequent breath sample 5 minutes after the engine first starts and additional breath samples at random intervals of 5 to 30 minutes thereafter, while the engine is running sample sequences to be provided while the vehicle is operable.
SECTION 20. Trans 313.03 (21m) is created to read:
Trans 313.03(21m) “Sample sequence” means a list of device-related events beginning with the time a device requests a sample until and including the time a result is recorded and displayed. Device-related events include requests for tests, failure to provide a breath sample or adequate breath sample, measurements made by the device, images taken, and the final result of the sequence.
SECTION 21. Trans 313.03 (22m) is created to read:
Trans 313.03(22m) “Service center” means a location at which service is provided to install, inspect, repair, replace, remove or calibrate devices. The term includes fixed, permanent service center and mobile service centers.
SECTION 22. Trans 313.03 (23m) is created to read:
Trans 313.03(23m) “Start sequence” means the sample sequence initiated when the vehicle is not in operation.
SECTION 23. Trans 313.03 (24) is amended to read:
Trans 313.03(24) “Tampering” means an unauthorized, intentional overt act or attempt to remove, bypass, adjust, alter the settings of, or disable a device or to disconnect a device from its power source. Tampering does not include disconnecting the device from its power source during vehicle or device service, nor disconnection of a handset as authorized under s. Trans 313.04(5)(k). SECTION 24. Trans 313.03 (25) is repealed.
SECTION 25. Trans 313.03 (26) is amended to read:
Trans 313.03(26) “Vendor” means an approved a retail or wholesale supplier of an approved device, and may include a service provider.
SECTION 26. Trans 313.03 (26m) is created to read:
Trans 313.03(26m) “Violation” means one or more of the following:
(a) a breath sample that is above the alcohol setpoint.
(b) failure to provide a passing breath sample within the 5-minute retest window.
SECTION 27. Trans 313.03 (26m) (note) is created to read:
Trans 313.03 (26m) (note) Note: Violation does not include disconnecting the device from its power source during vehicle or device service, nor disconnection of a handset as authorized under s. Trans 313.04(5)(k). SECTION 28. Trans 313.03 (27) is amended to read:
Trans 313.03 (27) “Violations Violation reset” means a feature of a device in which a service reminder is activated due to one of the following reasons: that a device enters a status in which a reminder is provided to the device user that the device will enter permanent lockout mode unless taken to a service provider by the 7th day following the device entering violation reset status.
SECTION 29. Trans 313.04 (1) amended to read:
Trans 313.04 (1) APPROVAL REQUIREMENT.
(a) No device may be leased, sold, serviced, repaired, installed or used unless the model or type of device has and system software have been approved by the department in accordance with the requirements of this chapter.
