Can I avoid having an interlock ignition device in my car? | Sterling Law Offices, S.C. global $post;
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– from Sean C. in Slinger, WI

Question Details:

I received my first OWI. My BAC was .26 and I am not disputing any fines. I just want to know if it is necessary to have the IID installed into my car. I am attending all the required meetings and getting an SR22.

Family Law Attorney Response:

Thank you for your question.

In Wisconsin, if someone receives their first OWI and their blood test comes back with a BAC of .15 or higher, it is required for that person to have an IID installed into her vehicle. There is a .005 margin of error in blood tests, however that standard does not apply to your result, as your BAC results were high than the margin of error. Unfortunately, Wisconsin does not require a mental element for traffic violations. If you commit the crime, you are guilty and there are no standard defenses to argue with. However, due to you cooperating and initially not disputing any of the fines, there is a possibility the fines and points you received could be reduced.

If this interests you, the next step that I would recommend would be a consultation with one of our attorneys specializing in criminal law. If you’d care to pursue that, let us know so that we can set up a meeting.

Dan Exner, J.D.

Family Law Attorney

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