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Wisconsin Statutory Elements and Consequences

Chapter 347 Equipment of Vehicles

The Wisconsin Statutory Elements and Consequences is a compilation of criminal statutory components, organized by Wisconsin statute chapter and enhanced with definitions of frequently referenced terms, and links to Wisconsin Criminal Jury Instructions. The information provided on this website should not be construed as legal advice and is meant for informational purposes only. Please note that this information may not be up to date. For more information about this resource, contact Bryce Pierson by email or phone at (608) 266-7807.

Table of contents

 

§ 347.413 Tampering with an ignition interlock device

Summary

To be guilty of this offense, the prosecution must prove that the defendant either removed, disconnected, tampered with, or otherwise circumvented the operation of an ignition interlock device installed in response to a court order. Additionally, the prosecution must prove that the defendant operated or occupied the motor vehicle on a highway.

Elements of the Offense

  1. Ignition Interlock Device: The defendant is required to install an ignition interlock device on a motor vehicle in response to a court order under one of the following statutes:
  2. Prohibited Actions: The defendant must remove, disconnect, tamper with, or otherwise circumvent the operation of the ignition interlock device.
  3. Operation or Occupation of a Vehicle: The defendant operates or occupies the motor vehicle a highway.

Jury Instruction

Wis JI-Criminal 2682A

 

§ 347.413 Failing to install an ignition interlock device

Summary

To be guilty of this offense, the prosecution must prove that the defendant was subject to a court order under s. 343.301 (1g) requiring the installation of an ignition interlock device or restricting the defendant’s operating privilege, and that the defendant either failed to have the ignition interlock device installed as ordered by the court or violated the court order restricting their operating privilege. Additionally, the prosecution must prove that the defendant operated or occupied the motor vehicle on a highway.

Elements of the Offense

  1. Court Order for Ignition Interlock Device: There must be a court order under s. 343.301 (1g) requiring the installation of an ignition interlock device on a motor vehicle or restricting the defendant’s operating privilege.
  2. [Failure to Install: The defendant fails to have the ignition interlock device installed on the motor vehicle as ordered by the court.]
    OR
    Violation of Court Order: The defendant violates the court order under s. 343.301 (1g) restricting his or her operating privilege.]
  3. Operation or Occupation of a Vehicle: The defendant operates or occupies the motor vehicle a highway.

Jury Instruction

Wis JI-Criminal 2682A

 

Updated January 2025

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