Michigan’s
Ignition Interlock
Law
April 2010
MIP (MCL 436.1703)
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Criminalizes any bodily alcohol content
(.02 or any presence of alcohol within
body) (misdemeanor)
Increase Punishment- 30 days in jail is
possible for second and 60 days in jail
for third (but only if minor violated
probation or other court ordered
sanctions)
Michigan’s Ignition Interlock Law
MIP (MCL 436.1703)
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Federal District Court ruled that the portion of
the MIP statute, compelling a PBT upon a
finding a reasonable cause, constituted an
unreasonable search without a warrant. Platte,
et al v Thomas Township, et al, 504 F Supp 2d
227 (ED Mich, 2007); People v. Chowdhury, No.
288696 (Mich. App., September 10, 2009).
Police officers may not rely on any authority
granted them pursuant to MCL 436.1703(6).
Michigan’s Ignition Interlock Law
What Do These Decisions Mean?
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The portion of the PBT statute and any PBT ordinance is
unconstitutional.
Officers should seek consent. Under Michigan law, “A consent to
search permits a search and seizure when the consent is unequivocal,
specific and freely and intelligently given.”
Based on officer’s observation, officer can still write ticket for MIP. Law
enforcement officers will have to do an investigation using the tools
they learned before technology:
What is in their hands?
How do their eyes look?
What do they smell?
How do they speak?
How do they act?
Are there beer bottles around the person?
What evidence is there that the minor had been drinking?
Michigan’s Ignition Interlock Law
People v Hyde, No. 282782 (Mich. App.,
September 1, 2009)
 The Court held that taking the blood sample
under the implied consent law was improper
due to the defendant’s diabetes.
 Therefore, the Court concluded that the
defendant’s blood was unconstitutionally
seized in violation of the 4th Amendment, and
the test results should be suppressed.
Michigan’s Ignition Interlock Law
.08 – OWI LAW
PENALTY FOR A REFUSING TO TAKE A
CHEMICAL TEST HAS INCREASED

One year suspension for first offense, two years
for a second refusal in seven years.
PRESUMPTION OF ALCOHOL IN YOUR
BLOOD OR URINE
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No longer any presumptions in statute other
than when blood or breath test is given, the
results of the tests are presumed to be the
same as at the time person was driving.
Michigan’s Ignition Interlock Law
Senate Passes Primary Ban
On Texting While Driving

On March 23, 2010, the Michigan State
Senate made a major change to
legislation that would ban motorists
from texting while driving as they made
the violation a primary offense, allowing
police to ticket drivers for texting
without having to first pull them over
for committing another infraction.
Michigan’s Ignition Interlock Law
Interlock Status-Nationwide
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In 2007, 135,00 interlocks in service in
the U.S.;
35% increase from June 2005;
In 2007, more than 1.46 million drivers
arrested for OWI;
Interlock penetration approximately
10% nationwide.
Michigan’s Ignition Interlock Law
Interlock Status-Michigan
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Approximately 55,000 drunk driving
arrests each year;
About 28,000 involve a driver with a
0.15 BAC, while 21,000 involve repeat
offenders;
In 2008, 3,994 interlocks in use;
Only 1 in 8 repeat drunk drivers use an
ignition interlock device.
Michigan’s Ignition Interlock Law
Drunk Driving Concerns in Michigan
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In 2009, fatalities in Michigan was 871;
Deaths that were alcohol related were
299 (34%);
In addition to the numbers of people
killed by drunk drivers, many more
people were injured, some who will be
affected for the rest of their lives.
Michigan’s Ignition Interlock Law
What is an Interlock?
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It is a breath alcohol analyzer
connected to the ignition of a car;
A vehicle equipped with this device
cannot be driven unless the driver
passes the unit’s breath alcohol tests
(Below .025 BAC).
AKA: Breathalyzer, Interlock, Baiid
Michigan’s Ignition Interlock Law
Michigan’s Ignition Interlock Law
Separate Drinking From Driving
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A breath alcohol ignition interlock
device is the only available technology
that separates drinking from driving.
Other technologies (PBTs, ankle
bracelets) measure drinking behavior.
They do not prevent a vehicle from
being started if alcohol is detected.
Michigan’s Ignition Interlock Law
Michigan’s Ignition Interlock Law
The law amends various sections of the
MCL 257.625 pertaining to:
 Drunk Driving Offenses;
 License Sanctions for Drunk Driving
Offenses;
 Use of An Interlock Device;
 Effective, October 31, 2010.
Michigan’s Ignition Interlock Law
“The High BAC Law” in
Michigan
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MCL 257.625(1)(c) will prohibit operation of a
vehicle if:
(c) The person has an alcohol content of
0.17 grams or more per 100 milliliters of
blood, per 210 liters of breath, or per 67
milliliters of urine.
There will be 3 different “drunk driving”
crimes.
Michigan’s Ignition Interlock Law
“High BAC” Criminal Penalties
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A “High BAC” will be a misdemeanor
punishable by a maximum of 180 days,
and/or a fine of at least $200 but not
more than $700, and/or community
service.
The criminal penalties for a subsequent
high BAC offense will be the same as for
any repeat drunk driving offense.
Michigan’s Ignition Interlock Law
License Restrictions
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It will require the SOS to suspend the
person’s license for 1 year, with
restrictions permitted after 45 days.
A restricted license shall include a
condition that the person may only
operate a vehicle equipped with an
ignition interlock.
Michigan’s Ignition Interlock Law
License Restrictions
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The device may be removed only when
the both of the following occur:
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The provider gives SOS “verification that the
person has operated the vehicle with no
instances of a BAC of .025 or higher.” MCL
257.219(8)(h).
SOS issues an order authorizing removal of
the BAIID. MCL 257.322a.
Michigan’s Ignition Interlock Law
Violations of the Restrictions
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SOS will impose an additional period of license
suspension and restriction if the person violated the
conditions of the restricted license.
It will not apply to a start-up test failure within the
first two months after the device had been installed.
It will prohibit a person issued a restricted license
requiring a device from removing the device or
causing it to be removed unless the SOS issued an
order authorizing its removal (90 day misdemeanor).
Michigan’s Ignition Interlock Law
Mandatory Rehabilitation
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MCL 257.625b(5) is modified to require that courts imposed
mandatory rehabilitation for High BAC offenders and for repeat
offenders.
Under the new law, alcohol rehabilitation will continue not to be
mandatory for Operating While Intoxicated-First Offense and
Operating While Impaired-First Offense.
The programs include:
 …but are not limited to, an alcohol treatment program for a
period of not less than 1 year. The treatment plan shall be
devised from an assessment performed by an appropriately
licensed alcohol assessor and approved by the court.
Michigan’s Ignition Interlock Law
Manufacturers of the Device
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SOS is required to provide a list of manufacturers of
approved ignition interlocks to each person who is
issued a restricted license with a BAIID condition.
It is a misdemeanor offense for operating a vehicle
without a properly installed device if the operator has
a restricted license that only allows him or her to
operate a vehicle equipped with a device;
It will require law enforcement officers to
immediately impound any vehicle not containing a
device if the driver is required to have one.
Michigan’s Ignition Interlock Law
Impoundment of the Vehicle
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The law will provide for impoundment when a
person required to have an interlock is
stopped while driving a vehicle without one.
If the operator individually or jointly owns the
vehicle without an interlock, the vehicle’s
registration plate will be confiscated and
destroyed, and the SOS will be notified.
The owner and not necessarily the operator
of the vehicle will be liable for all expenses
incurred in the removal and storage of the
vehicle.
Michigan’s Ignition Interlock Law
Michigan to Join Other “High
BAC” States
Michigan’s Ignition Interlock Law
Benefits: The Community
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Allows an offender to contribute to
society rather than being a burden;
Financial resources can be focused on
other areas of need;
Protection to the community in that a
drinking driver cannot drive a vehicle
when an ignition interlock is installed.
Michigan’s Ignition Interlock Law
Benefits:
The Judicial and Licensing Process
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Objective evaluation of behavior
modification;
Greater confidence in actions by the
offender;
Greater ability to fulfill responsibility to
insure public safety.
Michigan’s Ignition Interlock Law
Benefits: The Defendant
 Keep working and earning wages
Pay Legal Expenses
Court Costs
 Reduces DWI recidivism
 Successful Interlock programs allow
clients to earn their way off
 Behavioral modification
Michigan’s Ignition Interlock Law
Photo ID Interlock
Photo Identification
 Records every test for
accurate positive
identification
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Answers the question…
Who took the test?
Michigan’s Ignition Interlock Law
INTERLOCK….
AN
ELECTRONIC
PROBATION
OFFICER IN
THE CAR!
Photo ID Interlock
This new technology will provide the Courts
with a dual purpose:
1. Separates the offender from their vehicle.
2. Allows the Courts to monitor alcohol
consumption through daily monitored PBTs.
The offender can go out to their vehicle and
provide PBTs multiple times per day.
Michigan’s Ignition Interlock Law
Daily PBTs
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The offender will have the convenience
of walking outside to their vehicle to
provide their PBT.
The court could order as many daily
tests as it would like.
Cost effective. Cheaper than providing
PBTs elsewhere and offenders save on
gas & time.
Michigan’s Ignition Interlock Law
Photo ID client
May 2nd, 2008 09:05:37 AM
9:05:37 AM Picture Requested Test Started
9:05:50 AM Initial Test-Pass 0.000
9:05:54 AM Engine Start
9:05:55 AM Picture Requested Vehicle Started
Michigan’s Ignition Interlock Law
When Does the Device Take a Picture?
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When the offender is providing the
breath sample to start the vehicle.
When the vehicle is actually started.
When the offender is taking the running
retests.
If the offender is about to miss the
running retest.
If the offender tampers with the device.
Michigan’s Ignition Interlock Law
Event Logs
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Device Records All Events:
Breath Samples
 Engine Starts and Stops
 Running Retests
 Missed Running Retests
 Tampering Events
 Picture of Offender if using Photo Device
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Michigan’s Ignition Interlock Law
Records the Number of Engine Starts
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The device keeps track of the number
of times a vehicle is started.
Puts a “Caution” on the report for
anyone with a low number.
“Red Flag” that an offender may be
driving another vehicle.
Michigan’s Ignition Interlock Law
Anti-Circumvention Features
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Hum Tone- Prevents defendant from using air
tank;
Breath Temperature- To ensure human breath
sample;
Photo ID- So you know who is providing
breath sample;
Running Retests- Prevents defendant from
starting to drink after starting the vehicle.
Michigan’s Ignition Interlock Law
Non-Compliance Feature
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If an offender bypasses the device, starts the
vehicle after a failed breath test, or fails a
running retest the device can be programmed
to alarm law enforcement and/or the public.
The device can either honk the horn or flash
the lights until a passing breath sample is
given or the vehicle is shut off.
Michigan’s Ignition Interlock Law
Restricted Drive Times
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The device is programmable to only allow use
of the vehicle during specified times.
The court would use this tool if you did not
want an offender to have access to the
vehicle during high-risk times like late
evenings or weekends.
The company can lock the vehicle’s ignition
system up to 3 times in any given day.
Michigan’s Ignition Interlock Law
Temporary Lockout Feature
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The device can be programmed to
temporarily lock an offender from providing a
breath sample.
The temporary lock feature can be used after
one failed breath test or a session of failed
tests.
This feature allows mouth alcohol time to
dissipate so next breath test is clean if not
consumed alcohol.
Michigan’s Ignition Interlock Law
Downloads
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Downloads usually every 30 days;
Early recall feature will call the
defendants in early for violations;
Reports sent to proper authority next
day;
It can download more often, some
courts download every 2 weeks.
Michigan’s Ignition Interlock Law
Early Recall Feature
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The device can be programmed to call
an offender in prior to their scheduled
appointment.
This allows the court to have the
information on non-compliance sooner.
Can be programmed to meet each
courts needs.
Michigan’s Ignition Interlock Law
Early Recall Feature
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1.
2.
3.
Programmable reasons for Early
Recall:
Offender is failing breath tests while
trying to start their vehicle.
Offender is skipping or failing rolling
retests.
Offender is tampering with or
bypassing the device.
Michigan’s Ignition Interlock Law
Cost
The new law increases the maximum cost to $2.00 a
day for low-income drivers, and for certain other lowincome drivers the installation fee will be waived.
Without Camera
 Installation- $75.00
 Daily- $2.50
Photo ID Device
 Installation- $100.00
 Daily- $3-4 (depending on program PBT
requirements)
Michigan’s Ignition Interlock Law
Approved Ignition Interlock
Device Manufacturers
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Smart Start, Inc.; LifeSafer Interlock;
Draeger; Consumer Safety Technology;
Alcohol Detection Systems.
Smart Start, Inc. has come out with a
camera equipped interlock device that
photographs the person who provides the
breath sample. Smart Start’s ignition
interlock system effectively separates
drinking from driving.
Michigan’s Ignition Interlock Law
Will Ignition Interlock Devices be
effective in Michigan?
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A study in Maryland among repeat offenders show a
significant reduction in recidivism of 64% among these
multiple offenders while the BAIID was in place.
According to Hamilton County, Ohio, study, recidivism in
DWI offenders is reduced by 65% when the ignition
interlock is used on offenders’ vehicles.
A number of studies have shown significant increases in
the rate of recidivism following the removal of the ignition
interlock from the offender’s vehicle.
Michigan’s Ignition Interlock Law
What are the obstacles?
While common in most states, and despite its proven
effectiveness and the existence of legislation and
regulation:
 Lack of information
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Misinformation
Urban myths and legends associated with
failings of the device, although false, they
become widely disseminated and never
adequately addressed (i.e. Altoids cause the
device to fail).
Michigan’s Ignition Interlock Law
Conclusion
Ignition interlock technology:
 Stops OWI offenders from driving after
drinking;
 Allows offenders to drive legally to work,
school, treatment, and to take care of
family obligations;
 A cost-effective sanction for OWI
offenders.
Michigan’s Ignition Interlock Law
Moving Violations
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Moving violation that caused serious impairment of a
body function of another person-Misdemeanor (93
days);
Moving violation that caused death of another
person-Misdemeanor (1 year);
Reckless driving that caused serious impairment of a
body function of another person-Felony (5 years);
Reckless driving that caused death of another
person-Felony (15 years);
Repeal sections that prescribe penalties for felonious
driving and negligent homicide;
Effective, October, 2010.
Michigan’s Ignition Interlock Law
Michigan Ignition Interlock
Symposium (June 17, 2010)
When
Thursday, June 17, 2010 from 9:00 AM - 4:00 PM (ET)
Where
Radisson Hotel Lansing
111. N. Grand Ave., Lansing MI, 48933
Event Schedule:
9:00 AM - Registration
9:30 AM - Traffic Safety Overview
10:30 AM - Understanding the Role and Value of Ignition Interlocks
12:15 PM - Lunch (provided at no cost)
1:15 PM - Panel
Law Enforcement Implementation
Court Implementation
SOS/DAAD Implementation
3:15 PM - Panel Q&A
***** Registration is free-Space is limited to 250*****
Michigan’s Ignition Interlock Law
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H:\users\KenS\January_2010_Green_Li
ght_News.pdf
Michigan’s Ignition Interlock Law
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Smart Start Demo Video.wmv
Michigan’s Ignition Interlock Law
Interlocks Saving Lives
The benefits are clear… You are your
communities best defense in making sure
our roads are safe. Everyone benefits
from efforts to separate drinking from
driving®.
Michigan’s Ignition Interlock Law
Upcoming ARIDE Classes
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May 25-26th, MSP Police Academy
May 27-28th, MSP Police Academy
June 24-25th, Auburn Hills
July 14-15th, MSP Police Academy
To Add an Additional Class-TBA
Please contact Kenneth Stecker at
steckerk@michigan.gov
Michigan’s Ignition Interlock Law
Eliminating Drunk Driving
Michigan’s Ignition Interlock Law
Ken Stecker
Traffic Safety Resource Prosecutor
Prosecuting Attorneys Association of Michigan
116 West Ottawa
Lansing MI 48913
(517) 334-6060 x 827
SteckerK@Michigan.gov
Michigan’s Ignition Interlock Law
Michigan’s Ignition Interlock Law