What Act 210 actually changes
Act 210 amends or creates the following Wisconsin statutory sections, all in the IID and occupational-license framework:
- Amends §343.10(2)(b), occupational license
- Amends §343.30(1q)(b)3 and (b)4, OWI revocation occupational-license eligibility (eliminates the 45-day wait)
- Creates §343.30(1qm)
- Amends §343.301(1g)(am)1, IID order (adds Class M motorcycle prohibition)
- Amends §343.301(3)(a), IID program rules
- Creates §343.301(6), (7), (8), (9), including the new 180-day extension provision and new service-provider data-handoff rules
- Amends §343.305(10)(b)2, first-offense refusal occupational-license eligibility (eliminates the 30-day wait)
- Renumbers §347.413 to §343.302 and creates §343.302(2), new criminal IID-violation offense (5 days to 6 months jail, $350 to $1,100 fine)
- Amends §347.50(1) and (1s), repeals (1t)
The bill originated as 2025 Senate Bill 248, introduced by Sen. Wanggaard on May 9, 2025. Governor Evers signed it April 8, 2026 and the Act was published April 9, 2026.
Effective date matters. The substantive Act 210 changes take effect the first day of the 12th month beginning after the date specified in the WisDOT administrative-register notice required by Section 17(2). As of May 2026 that notice has not been published. Until it is, the 30-day refusal wait, the 45-day OWI wait, and the existing IID-violation framework all remain in force. The earliest the new framework realistically affects cases is 2027.
The good news: faster occupational licenses
The largest practical benefit of Act 210 is the elimination of two waiting periods that have constrained Wisconsin drivers for decades:
| Track | Pre-Act 210 wait | Post-Act 210 wait |
|---|---|---|
| 1st-offense refusal (§343.305(10)(b)2) | 30 days from revocation start | None, eligible upon IID installation |
| OWI revocation (§343.30(1q)(b)3 and (b)4) | 45 days from revocation start | None, eligible upon IID installation |
| General §343.10(2)(a) baseline | 15 days | 15 days, unchanged |
The 15-day general baseline is not amended by Act 210. The 30-day and 45-day waits at the refusal and OWI tracks are. For first-time refusal defendants and OWI defendants, the practical effect is roughly two to six weeks of additional driving time recovered, conditional on installing the IID.
The trap: 180-day extensions, six triggers, no cap
Newly created §343.301(6)(b) imposes a 180-day extension to the IID restriction period for each occurrence of any of six specified events, when the event occurs 60 or more days after IID installation:
- Tampering with or attempting to circumvent the device.
- Unauthorized removal.
- Failure to service that results in lockout.
- Any attempt to start a vehicle with a breath alcohol concentration of 0.020 or higher.
- Failure to take a random retest, unless the device's digital image confirms the vehicle was unoccupied.
- Failure to pass a confirmation retest.
No statutory cap on extensions is visible in the Act text. Two triggering events 60 days apart stack to 360 days of additional IID on top of the original order. The 60-day pre-grace period is the only protection for new installations, and once that window closes, every IID-recorded event becomes a potential extension.
Why the 0.020 threshold matters
Trigger four uses a 0.020 BrAC threshold, well below the 0.08 OWI standard and below the 0.04 commercial-driver standard. Mouthwash, cough syrup, fermented foods, and trace residual alcohol from the previous evening can all produce a 0.020 reading. The interlock device does not distinguish between actual alcohol consumption and incidental positive readings, and Act 210 does not distinguish either. Every 0.020 start attempt is a potential 180-day extension after the 60-day grace.
Random retests and the unoccupied-vehicle exception
Trigger five is the most defensible of the six. The Act carves out missed retests where the device's digital image (most modern interlocks include a camera) confirms the vehicle was unoccupied. Drivers should know this exception exists and should preserve their own records of vehicle occupancy at the time of any disputed missed retest.
The new misdemeanor crime: §343.302
Act 210 renumbered the existing §347.413 IID-violation provision into §343.302 and added a new subsection (2) with criminal penalties:
§343.302(2): Fine of not less than $350 nor more than $1,100, plus imprisonment for not less than 5 days nor more than 6 months.
That penalty range is structurally identical to a 2nd-offense OWI misdemeanor. A driver who is on IID for a 1st-offense refusal (which is itself a civil revocation, not a crime) can now face actual jail exposure if charged under §343.302 for an IID-violation offense. This is the most material structural change in Act 210, and it has received almost no public coverage.
The motorcycle ban
§343.301(1g)(am)1 as amended prohibits operation of a Class M (motorcycle) vehicle for the entire duration of the IID order. The statutory text contains no carve-out for drivers who hold only a Class M license, and no carve-out for off-season storage. Drivers who rely on motorcycles for primary or seasonal transportation will need to plan for the IID-period gap.
Service-provider data and compliance review
The newly created §343.301(7) through (9) impose new information-flow requirements between the offender, WisDOT, and the IID service provider:
- The offender must provide the conviction county, case number, and the IID order's start and end dates to the service provider.
- The service provider must conduct a compliance-based review within 7 business days of the final data download from the device.
- Mandatory retest requirements apply after each failed or skipped test.
Practically, this means the IID service provider becomes a quasi-enforcement node, formally responsible for triggering extension reviews. The 7-business-day window also means defense counsel has limited time to request and review the device data before extension determinations are formalized.
Practical posture: who Act 210 helps, who it hurts
Helps: First-offense refusal defendants who need to drive sooner (30-day wait eliminated). OWI defendants at any tier who need to drive sooner (45-day wait eliminated). Defendants who can install IID promptly and then drive their occupational schedule without compliance issues benefit substantially.
Hurts: Anyone on IID who has compliance issues after the 60-day grace window (six triggers, 180 days each, no visible cap). Anyone charged under the new §343.302(2) who now faces 2nd-offense-OWI-tier penalties for IID-violation conduct. Anyone who relies on a motorcycle for transportation during the IID period.
What to do if you are facing OWI or a refusal hearing in 2026
Two distinct case-by-case decisions are now in front of every Racine, Kenosha, and Walworth County OWI defendant:
- Whether to accept the IID and file the occupational license immediately (the Act 210 fast track) or fight the underlying charge (no IID required if the charge is dismissed or reduced to a non-OWI). The faster occupational-license route is more attractive under Act 210, but it requires committing to IID compliance for the full ordered period plus any §343.301(6)(b) extensions.
- Whether to challenge specific IID-violation events that occur during the ordered period. Because each event now carries a 180-day extension and possible §343.302(2) criminal exposure, contesting an IID violation is no longer a low-stakes paperwork exercise. The defense angles include device calibration records, digital-image authentication for unoccupied-vehicle missed retests, and chain-of-custody on the service provider's data download.
Existing OWI tier pages
Act 210 affects the IID and occupational-license posture at every tier. For tier-specific consequences, see:
- Refusal hearings, where the 30-day occupational-license wait is eliminated by Act 210
- 1st-offense OWI, civil forfeiture but with collateral consequences
- 2nd-offense OWI, first criminal-tier OWI with mandatory IID
- 3rd-offense OWI, mandatory 45-day jail floor
- 4th-offense felony OWI, Class H felony
Free, confidential consultation: Call or text (262) 632-5000. We have defended Wisconsin OWI cases continuously since 1994 and are tracking Act 210 implementation as WisDOT publishes the administrative notice.
