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Intoxicated Driver Program Best Practices Guide

Section 7: Jurisdictional Considerations

All clients should be assessed in their county of residence, consistent with Wis. Admin. Code ch. DHS 62 expectations for timely access and coordination of services. Conducting the assessment locally supports continuity of care, appropriate referral placement, and effective monitoring of driver safety plan (DSP) compliance.

Assessments conducted in the county of conviction may be appropriate in limited circumstances, such as when the client temporarily resides in that county or when there are documented access barriers, including scheduling delays beyond the 14-day requirement. In these situations, coordination between involved counties, as well as communication with DOT and DHS, is necessary to ensure proper authorization and tracking.

All DSP services must be delivered by providers certified under Wis. Admin. Code ch. DHS 75. Providers located outside of Wisconsin are not eligible for certification and therefore cannot serve as authorized DSP providers. Services completed outside of Wisconsin may be considered as part of a client’s history or collateral information but do not satisfy DSP requirements unless delivered by a DHS 75-certified provider.

Out-of-county operating while intoxicated

For Wisconsin residents with an out-of-county operating while intoxicated conviction, the assessment should still occur in the client’s county of residence, even if the conviction occurred elsewhere in the state. Assessment agencies may complete assessments tied to non-resident convictions; however, coordination with DOT and DHS is necessary to ensure acceptance of the DSP in the Wisconsin Assessment Program. Where inter-county agreements exist, such as temporarily contracted assessment services, these arrangements should be clearly documented and communicated to both DOT and DHS to prevent delays or rejections. Informal or case-by-case referral practices that have not been communicated to DOT and DHS should be avoided.

Out-of-state operating while intoxicated

For out-of-state operating while intoxicated convictions involving Wisconsin residents, the assessment should be completed through a Wisconsin-approved assessment agency in the client’s county of residence. The resulting DSP must comply with Wis. Admin. Code ch. DHS 62 and Wisconsin program requirements, regardless of where the offense occurred. Assessment agencies can obtain sufficient documentation of the out-of-state offense, such as court or administrative records, to inform appropriate placement. While the DSP should reflect Wisconsin standards, it may acknowledge any additional obligations required by the state of conviction. It remains the client’s responsibility to communicate Wisconsin Intoxicated Driver Program completion information to the state of conviction. Assessors are not required to complete additional documentation on behalf of the client. When questions arise regarding out-of-state requirements, clients should be referred to the state of conviction, DOT, and/or DHS.

Motorized recreational vehicle operating while intoxicated

Operating while intoxicated offenses involving motorized recreational vehicles (examples: ATV/UTV, snowmobile, or boat) are subject to assessment and DSP requirements when ordered by the court. These cases are administered within the Intoxicated Driver Program framework, even when DOT is not the supervising authority. The assessment process remains consistent, and placement decisions should be based on Wisconsin Assessment of the Impaired Driver criteria and screening outcomes.

Compliance monitoring occurs through the court rather than DOT in these cases; however, all requirements and completion status should be clearly documented.

Use these forms for client reporting to the sentencing court:

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