Wisconsin Legislature: Trans 313.01

Trans 313.01(1)(1) Purpose. The purpose of this chapter is to 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.

Trans 313.01(2)(2) Responsibility. The chief of the chemical testing section is the person assigned the responsibility for the administration and supervision of the breath alcohol testing, approval and permit program of the department.

Trans 313.01(3)(3) Rules of construction. The rules of construction set forth in s. 990.001, Stats., are incorporated herein and apply in this chapter.

Trans 313.01 HistoryHistory: Cr. Register, August, 1993, No. 452, eff. 9-1-93; CR 20-020: renum. Trans 313.01 to Trans 313.01 (1) and am., cr. Trans 313.01 (title), renum. (2) from Trans 313.03 (8) and am., cr. (2) (title), (3) Register September 2021 No. 789, eff. 10-1-21; correction in (3) made under s. 35.17, Stats., Register September 2021 No. 789.

Trans 313.02Trans 313.02 Applicability. This chapter applies to all law enforcement agencies, manufacturers, vendors, service providers, manufacturer-approved authorized service centers and other persons engaged in ignition interlock device program administration in this state.

Trans 313.02 HistoryHistory: Cr. Register, August, 1993, No. 452, eff. 9-1-93; CR 20-020: am. Register September 2021 No. 789, eff. 10-1-21.

Trans 313.03Trans 313.03 Definitions. The words and phrases defined in ss. 110.01 and 990.01, Stats., and chs. 340 to 349, Stats., have the same meaning in this chapter unless a different meaning is expressly provided, or the context clearly indicates a different meaning. As used in this chapter:

Trans 313.03(1)(1) “Alcohol” has the meaning in s. 340.01 (1q), Stats.

Trans 313.03(2)(2) “Alcohol concentration” has the meaning in s. 340.01 (1v), Stats.

Trans 313.03(3)(3) “Alcohol setpoint” means a breath alcohol concentration of 0.020 grams of alcohol per 210 liters of breath.

Trans 313.03(3m)(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.

Trans 313.03(4)(4) “Alveolar air” means deep lung air or alveolar breath; an air sample which is the last portion of a prolonged, uninterrupted exhalation.

Trans 313.03(4m)(4m) “Applicant” means any person seeking the approval of a device by going through the device approval procedure described in s. Trans 313.04.

Trans 313.03(5)(5) “Bogus sample” means any air sample which is altered, diluted or filtered human breath and which is provided by a person who is starting or driving a vehicle equipped with a device. Bogus samples also include air provided by air compressors, hot air dryers, balloons, and manual air pumps.

Trans 313.03(6)(6) “Breath sample” means expired human breath containing primarily alveolar air.

Trans 313.03(6m)(6m) “Business day” means a weekday that is not a legal holiday.

Trans 313.03(7)(7) “Calibration” means the process of testing and adjusting a device to ensure the device is accurately measuring the alcohol concentration of a breath sample provided to the device.

Trans 313.03(9)(9) “Circumvention” means any action taken by a person to prevent a device from performing all of its intended functions, except disconnection of the device from its power source during vehicle or device service, or disconnecting a handset as authorized under s. Trans 313.04 (5) (k). Circumvention includes any of the following:

Trans 313.03(9)(a)(a) Providing bogus samples.

Trans 313.03(9)(b)(b) Tampering.

Trans 313.03(9)(c)(c) Providing air samples that enable a driver with a prohibited alcohol concentration to start, drive, or operate a vehicle equipped with a device.

Trans 313.03(9)(d)(d) Failing to complete any required service.

Trans 313.03(9)(e)(e) Tampering with, destructing, or taking any action that results in a camera not providing pictures of the driver providing a sample to the device or driving a vehicle.

Trans 313.03(9)(f)(f) Tampering or interfering with data transfer from or to the device.

Trans 313.03(10)(10) “Customer” means a person who has a device installed in a vehicle.

Trans 313.03(11)(11) “Department” means the department of transportation.

Trans 313.03(12)(12) “Device” means an ignition interlock device.

Trans 313.03(13)(13) “DMV” means the division of motor vehicles of the department of transportation.

Trans 313.03(14g)(14g) “Fixed, permanent service center” means a facility in a permanent building at which device services can be provided.

Trans 313.03(14r)(14r) “Handset” means the portion of the device where the sample is introduced and analyzed.

Trans 313.03(15)(15) “Ignition interlock device” has the meaning in s. 340.01 (23v), Stats.

Trans 313.03(16)(16) “Manufacturer” means a person, company or corporation who produces a device.

Trans 313.03(16g)(16g) “Minimum sample acceptance criteria” means the criteria established by the manufacturer for detection of whether a given breath sample is deep lung air provided by a human being, such as sample flow, volume, temperature, humidity, composition, and whether the sample passed any anti-circumvention measures adopted by the manufacturer.

Trans 313.03(16m)(16m) “Mobile service center” means a service center that operates out of a motor vehicle or trailer.

Trans 313.03 NoteNote: Mobile service centers typically drive to locations at which they are able to provide convenient service to customers.

Trans 313.03(16r)(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.

Trans 313.03(17)(17) “Permanent lockout” means a condition in which a device will not initiate a start sequence until the device is reset by a service provider except as provided in s. Trans 313.04 (5) (i).

Trans 313.03(18)(18) “Prohibited alcohol concentration” has the meaning in s. 340.01 (46m), Stats.

Trans 313.03(20)(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 vehicle may be restarted within a 2-minute period, without requiring any additional breath samples.

Trans 313.03(20m)(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.

Trans 313.03(21)(21) “Retest” means a feature of a device which will require sample sequences to be provided while the vehicle is operable.

Trans 313.03(21m)(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.

Trans 313.03(22)(22) “Security” means the protection and safeguards incorporated into a device to ensure proper performance and to prevent failure caused either by inherent defects in the device or tampering.

Trans 313.03(22m)(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 centers and mobile service centers.

Trans 313.03(23)(23) “Service provider” means an approved dealer, distributor, supplier, or service center of a device.

Trans 313.03(23m)(23m) “Start sequence” means the sample sequence initiated when the vehicle is not in operation.

Trans 313.03(24)(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).

Trans 313.03(25)(25) “Vehicle module” means the part of a device that houses the components that interface with a vehicle.

Trans 313.03(26)(26) “Vendor” means a retail or wholesale supplier of an approved device, and may include a service provider.

Trans 313.03(26m)(26m) “Violation” means one or more of the following:

Trans 313.03(26m)(a)(a) A breath sample that is above the alcohol setpoint.

Trans 313.03(26m)(b)(b) Failure to provide a passing breath sample within the 5-minute retest window.

Trans 313.03 NoteNote: 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).

Trans 313.03(27)(27) “Violation reset” means 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 center by the 7th day following the device entering violation reset status.

Trans 313.03 HistoryHistory: Cr. Register, August, 1993, No. 452, eff. 9-1-93; CR 20-020: am. (intro.), (3), cr. (3m), (4m), (6m), am. (7), renum. (8) to Trans 313.01 (2) and am., r. and recr. (9), am. (10), r. (14), cr. (14g), (14r), (16g) to(16r), am. (17), r. (19), am. (20), cr. (20m), am. (21), cr. (21m), (22m), (23m), am. (24), r. and recr. (25), am. (26), cr. (26m), renum. (27) (intro.) to (27) and am., r. (27) (a) to (c) Register September 2021 No. 789, eff. 10-1-21; correction in (intro.) made under s. 35.17, Stats., Register September 2021 No. 789; correction in (intro.), (24) made under s. 35.17, Stats, Register October 2022 No. 802.

Trans 313.04Trans 313.04 Device approval procedure.

Trans 313.04(1)(1) Approval requirement.

Trans 313.04(1)(a)(a) No device may be leased, sold, serviced, repaired, installed or used unless the model and any system firmware or software used on the device have been approved by the department in accordance with the requirements of this chapter. Approval may be granted by testing the functionality of the device with the proposed changes.

Trans 313.04(1)(b)(b) Device approval is personal to an applicant and cannot be assigned or transferred. Upon sale of production rights to a device, change in ownership of a manufacturer or vendor, or other change resulting in a new person seeking to distribute devices in this state, the new person must apply for device approval. The department may waive some or all of the testing of the device portion of the approval process if the new applicant is able to demonstrate that no substantive changes to the device have been made since the prior approval.