Trans 313.04(5)(a) (a) Minimum federal standards for devices. All devices shall meet or exceed the standards established by the U.S. department of transportation, national highway traffic safety administration, identified as “Model Specifications for Breath Alcohol Ignition Interlock Devices (BAIID)” 78 Fed. Reg. 89, pp. 26849–26867 (May 8, 2013).

Trans 313.04 Note Note: This federal standard is available on file at the Legislative Reference Bureau and from the Department of Transportation, Division of State Patrol, Chemical Testing Section, 3502 Kinsman Blvd, Madison, WI, 53704-2549, or online at https://www.govinfo.gov/content/pkg/FR-2013-05-08/pdf/2013-10940.pdf.

Trans 313.04(5)(b) (b) Retest feature. The device shall be programmed to have a retest feature. The retest feature shall require the driver to submit to a sample sequence no more than 5 minutes after the vehicle is made operable following a successful start sequence. The retest feature shall require additional subsequent tests at random intervals of 5 to 30 minutes until the vehicle ceases operation.

Trans 313.04(5)(bm) (bm) Failed retests. The device’s retest feature shall be programmed to include all of the following features:

Trans 313.04(5)(bm)1. 1. ‘Activation of Alert.’ A driver’s failure to provide a breath sample that is less than the device’s alcohol setpoint shall trigger a confirmation retest sequence, as described in subd. 2. If the driver does not provide a passing breath sample in response to the confirmation retest, the device shall activate the device’s alert mode until the earlier of the time the vehicle is shut off, or the time the driver provides a passing breath sample to the device.

Trans 313.04(5)(bm)2. 2. ‘Confirmation retest.’ Upon activation of a confirmation retest sequence under subd. 1., a device shall wait 2 minutes and then commence a sample sequence. If no passing sample is provided as part of the sample sequence, the device shall activate its alert mode. Upon expiration of the sample sequence, the device shall resume normal retest intervals.

Trans 313.04 Note Note: If the vehicle is shut off before a passing breath sample is provided, a passing breath sample shall be required to restart the vehicle. See par. (j) 2. and 3.

Trans 313.04(5)(c) (c) Testing protocol feature. Whenever the device demands a breath sample, the device shall be programmed to allow multiple attempts, but no fewer than 3 attempts, to provide a breath sample within a 5-minute period.

Trans 313.04(5)(ce) (ce) Start sequence. The device shall be programmed to allow the customer to operate the vehicle if the device records a passing breath sample during the start sequence. If the device fails to record a passing breath sample in the start sequence, then the device shall prevent the customer from operating the vehicle.

Trans 313.04 Note Note: This paragraph does not require a time period to elapse between start sequences. “Temporary lockouts” that were required under prior law are eliminated.

Trans 313.04(5)(cm) (cm) Permanent lockout feature. The device shall be programmed to enter a permanent lockout condition when service is not completed within 7 days of a service reminder.

Trans 313.04 Note Note: Entering permanent lockout mode prevents initiation of a start sequence for the vehicle. See s. Trans 313.03 (17).

Trans 313.04(5)(cs) (cs) Violation reset. The device shall be programmed to have a violation reset feature that is triggered by any of the following:

Trans 313.04(5)(cs)1. 1. Three violations.

Trans 313.04(5)(cs)2. 2. Detection of one or more tampering or circumvention attempts.

Trans 313.04(5)(d) (d) Recorded data. A device shall record data in a format that allows the data to be wirelessly transmitted or printed and that includes all of the following:

Trans 313.04(5)(d)1. 1. The date and time of any use or attempted use of a vehicle.

Trans 313.04(5)(d)2. 2. The date and time of any attempt to tamper, circumvent or bypass the device.

Trans 313.04(5)(d)2m. 2m. The date and time of any sample reported by the device.

Trans 313.04(5)(d)3. 3. The result of any request for a sample made by the device including, if a breath sample was provided, the date, time and alcohol concentration, in grams per 210 liters, of each breath sample provided to the device.

Trans 313.04(5)(d)3m. 3m. The date and time of any activation or deactivation of the device’s alert mode.

Trans 313.04(5)(d)4. 4. The date and time of any malfunctions of the device.

Trans 313.04(5)(d)5. 5. The date and time of any failures to provide retest samples.

Trans 313.04(5)(d)6. 6. The date that a “service required” message is issued to the customer.

Trans 313.04(5)(d)7. 7. The date that any service is performed.

Trans 313.04(5)(d)8. 8. All images captured by the device, including the date and time those images were captured.

Trans 313.04(5)(dm) (dm) Electronic transfer of data. The device shall provide a means of electronically transferring the data collected under par. (d) to the database described in sub. (6). Data related to violations shall be transmitted using near real-time reporting of violations via electronic transmission as provided in par. (m). Usage and other data shall be reported by means of a downloaded report of all required data fields downloaded from the device at time of service for the service interval preceding the service. All data shall be provided in the format specified by the department.

Trans 313.04 Note Note: Under s. Trans 313.07 (1) (e), device approval for use in the state of Wisconsin may be revoked, suspended or denied if an entity fails to transmit data in the manner described in this paragraph.

Trans 313.04(5)(e) (e) Information provided to customer. A device must provide all of the following information to a customer: