Wisconsin Legislature: Chapter Trans 313

Chapter Trans 313

BREATH ALCOHOL IGNITION INTERLOCK DEVICES

Trans 313.01 General.

Trans 313.02 Applicability.

Trans 313.03 Definitions.

Trans 313.04 Device approval procedure.

Trans 313.05 Financial responsibility.

Trans 313.06 List of approved devices.

Trans 313.07 Denial, suspension or revocation of device approval.

Trans 313.08 Manufacturer responsibilities.

Trans 313.09 Statewide service.

Trans 313.10 Service provider responsibilities.

Trans 313.105 Shared responsibilities.

Trans 313.12 List of authorized service centers.

Trans 313.13 Administrative procedures.

Trans 313.14 Restrictions on removing device.

Trans 313.15 Audit authority.

Trans 313.16 Other prohibited conduct.

Trans 313.17 Ignition interlock emergencies.

Trans 313.01 General.

(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.

(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.

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

History: 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 313.02 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.

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

Trans 313.03 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:

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

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

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

(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.

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

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

(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.

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

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

(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.

(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:

(a) Providing bogus samples.

(b) Tampering.

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

(d) Failing to complete any required service.

(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.

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

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

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

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

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

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

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

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

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

(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.

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

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

(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.

(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).