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2015 Wisconsin Act 389

Governor Scott Walker signed a bill earlier this year which has been passed by the legislature and enacted into law, Act 389.

Ignition Interlock Devices

The previous law typically required the installation of an IID in an offender’s vehicle for those who refuse to take a preliminary breath screening test or the person has a total of one or more prior OWI convictions. Act 389 requires the court to order one or more of the following:

operating privileges for the operation of “Class D” vehicles to be restricted to vehicles equipped with an IID and each motor vehicle for which the person’s name appears on the vehicle’s certificate of title or registration be equipped with an IID;
The person participates in either: 1) a pilot 24/7 sobriety program or 2) a 24-7 sobriety program that meets the federal definition of such program as well as any applicable federal regulations.

24-7 Sobriety Programs

A 24-7 sobriety program is a program which authorizes the court or state agency to require an individual convicted of an OWI-related offense to both abstain from alcohol or drugs for a specified period and be subject to testing for alcohol or drugs at least twice per day by an electronic monitoring device or alternate method as a condition of their sentence, parole, or work permit.

The 24-7 sobriety program does not necessarily put an offender in the clear of having to install an IID. The court may still order the person to install an IID immediately after his or her completion of the program for the remaining period required by law.

Opposition to Act 389

Many people including the members of MADD oppose the new law, believing it will weaken the progress made in protecting the potential victims of drunk drivers. They argue that the installation of IID’s is the only proven technology to prevent drunk driving, and the financial burden of installing them should be considered part of the punishment of the offense. Regardless, the act entered into force October 2, 2016. It is important to remember the courts would still have complete control over which requirement they feel necessary for a drunken driving offense.

Hire Attorneys Who Keep Current on Wisconsin OWI Laws

Wisconsin DUI Penalties are complicated and subject to change. Wisconsin DUI Defense Nathan J. Dineen Attorney At Law keeps current on the OWI laws in Wisconsin. Contact us at 877-384-6800 for a Free Case Review.