Habitual/High BAC/BAIID and
Proposed Driver License
General Rules
Colleen Tulloch-Brown
Administrative Law Examiner
Bureau of Regulatory Services
Michigan Department of State
MVC states: SOS “Shall” Impose Licensing Action
 Courts no longer impose license sanctions
• Exceptions:
- Drug crime, no proof of insurance,
watercraft, snowmobile, ORV and child
support
 MCL 257.732 requires the Court to forward the
abstract within 5 days after conviction
 MCL 257.320a requires SOS to post to MDR within 5
days after receipt of abstract
TYPES OF LICENSING ACTIONS
License Suspension
 A suspension is a temporary loss of the
license
• Carries “from” and “through” date
• After “through” date, reinstatement fee is
required for relicensure
-Provided no additional violations have
occurred
Restricted Licenses
A restricted license allows limited driving privileges.
 Generic restrictions (MCL 257.319(17))
• Work
• School
• Treatment
• Community service
• Probation
• Serious medical
 Must carry proof of destination and hours
License Revocation
 The most serious action is a revocation
 MCL 257.52 defines revocation as termination
of the driver license and privilege to operate a
motor vehicle
 Eligible to reapply to SOS for restoration:
- After 1 year following a first revocation
- After 5 years for a subsequent revocation
w/in 7 years
 No guarantee license will be returned
Alcohol and Drug-related Driving Offenses

Operating While Intoxicated (OWI)
• Operating Under the Influence of
Alcoholic Liquor, a Controlled Substance,
or a combination of both
• Operating with a BAC > 0.08%

Operating While Visibly Impaired (OWVI)
•
Includes Alcohol, Controlled Substances,
or both
Operating With Presence of Drugs
(OWPD)

Alcohol and Drug-related Driving Offenses (continued)

OWI/OWVI/OWPD Causing
Death/Serious Injury

Zero Tolerance
•
Less than 21 years of age with BAC of .02
or more but less than .08

Child Endangerment
•
OWI, OWVI, OWPD or
OWI/OWVI/OWPD Causing
Death/Serious Injury with a passenger
<16 years of age in vehicle
License Sanctions -1st Offense
Operated While Intoxicated (current) & OWPD
MCL 257.625(1) & (8)
Licensing:
* 30-day hard suspension/150-day restricted
license
* 6 points
* Court-ordered ignition interlock (BAIID)
permitted as part of probation order
-Does not appear on MDR
Driver Responsibility Fee:
* $1,000 for 2 consecutive years
License Sanctions -1st Offense (continued)
Operating While Visibly Impaired
MCL 257.625(3)
Licensing:
* 90-day restricted license
* 180-day restricted license if controlled
substances or a combination of alcohol
and controlled substances
* 4 points
Driver Responsibility Fee:
* $500 for 2 consecutive years
License Sanctions -1st Offense (continued)
OWI/OWVI/OWPD Causing Death/Serious Injury
MCL 257.625(4) & (5)
Licensing:
* revocation/denial
- (1-year or 5-year minimum)
* 6 points
Driver Responsibility Fee:
*$1,000 for 2 consecutive years
License Sanctions -1st Offense (continued)
Zero Tolerance
MCL 257.625(6)
Licensing:
* 30-day restricted license
* 4 points
Driver Responsibility Fee:
* $500 for 2 consecutive years
License Sanctions -1st Offense (continued)
Child Endangerment
MCL 257.625(7)
Licensing:
* 90-day hard suspension/90-day
restricted license
* 6 points
Driver Responsibility Fee:
* $500 for 2 consecutive years
2008 PA 461 & 2008 PA 462
 “Ignition Interlock/High BAC” legislation
(effective, October 31, 2010) amends various
sections of MVC:
• New OWI Offense
• New License Sanctions
• New Ignition Interlock (“BAIID”)
Requirements
NEW OWI OFFENSE
HIGH BAC
 MCL 257.625(1)(c) will prohibit operation of a
vehicle if:
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.
License Sanctions – HIGH BAC 1st Offense
Operating with a BAC > 0.17% (effective 10/31/2010)
MCL 257.625(1)(c)
Licensing:
* 1 year suspension; eligible for restricted license
after 45 days with proof of ignition interlock
(BAIID) installation
* 6 points
Driver Responsibility Fee:
*$1,000 for 2 consecutive years
Habitual Offender – Revocation/Denial
Habitual Offender
 Any combination of 2 alcohol or substance
related driving convictions, murder, negligent
homicide, manslaughter within 7 years
• Minimum 1 or 5 year revocation
• Any combination of 3 convictions within
10 years
Habitual Offender - Revocation/Denial (continued)
Section 303
 MCL 257.303(4) - The SOS “shall not” issue a
license to a habitual offender until all of the
following occur:
• Expiration of 1 or 5 years
• Rebuts presumption he or she is a
habitual violator by clear and convincing
evidence
• Meets requirements of SOS
(Promulgated Rules)
1999 MR 9 R 257.313 (Rule 13)
Petitioner must prove all of the following by
clear and convincing evidence:
 That any alcohol/drug problem is under control and
likely to remain under control
 That the risk of repeating past abusive behavior is a
low or minimal risk
 That the risk of driving impaired or under the
influence again is a low or minimal risk
1999 MR 9 R 257.313 (Rule 13) (continued)
 That they have the ability and motivation to
drive safely and within the law
 That they meet the minimum period of
required abstinence
 Other relevant showings
Rule 13 Abstinence Requirement
12 month (or more) period of
abstinence required if 1 or more of
the following is established:
 A BAC of 2 or more times the statutory presumption
(0.16 or higher); or
 3 or more substance abuse convictions; or
 Any history of use after a period of control; or
 Diagnosis of alcohol and/or drug dependency; or
 Prior record of revocation/denial
Habitual Offender Revocation/Denial - Hearing Officer Decision
 If the Hearing Officer is satisfied the petitioner
has met all the requirements by clear and
convincing evidence driving privileges are
granted.
• Full privileges
• Restricted privileges
• MCL 257.322(6) requires a BAIID
MCL 257.322(9) – Current
 Duration of BAIID-Habitual Offenders:
•
Initial period - 1 year
•
Hearing Officer discretion after first year
 BAIID ordered by DAAD appears on MDR
 No Medical Waivers under statute
MCL 257.322(9) (effective 10/31/2010)
 Duration of BAIID-Habitual Offenders:
• Initial period – “not less than” 1 year
 BAIID ordered by DAAD appears on MDR
 Removal Order required – MCL 257.322a
 No Medical Waivers under statute
MCL 257.625k - Current
BAIID Must:
 Prevent vehicle from being started unless
alcohol content of less than 0.025%
 Render vehicle inoperable if alcohol content
of 0.04% or more
Current Rule 13a – Habitual Offenders-Major Violations/Consequences
 A rolling retest violation, BAC over 0.04%
 Receiving a 625g permit
 Conviction for tampering with the device
- MCL 257.625l
 Reported tampering or attempts without a conviction
 3 minor violations within a monitoring period
 BAIID is removed and not installed in another vehicle
within 7 days
 Consequence = Reinstatement of Rev/Denied
Current Rule 13a – Minor Violations/Consequences
 3 start-up test failures, 2 months or more
after the BAIID is installed, occurring within a
monitoring period
 Petitioner fails to report to the BAIID installer
for monitoring within 7 days of service date
 Consequence: 3 months extension of BAIID
(no appeal to DAAD)
Amended MCL 257.625k (effective 10/31/2010)
BAIID Must:
 Prevent vehicle from being started unless
alcohol content of less than 0.025%
 Render vehicle inoperable as soon as no
longer being operated if alcohol content of
0.025% or more
Proposed Rule 1a – Habitual Offense - Major Violations/Consequences
 A rolling retest violation, BAC over 0.025%
 Receiving a 625g permit
 Conviction for violation of MCL 257.625l (operating w/o
a BAIID)
 Reported tampering or attempts without a conviction
 3 minor violations within a monitoring period
 BAIID is removed and not installed in another vehicle
within 7 days
 Operating without a BAIID
 Consequence = Reinstatement of Rev/Denied
Proposed Rule 1a– Minor Violations/Consequences
 3 start-up test failures, 2 months or more
after the BAIID is installed, occurring within a
monitoring period
 Petitioner fails to report to the BAIID installer
for monitoring within 7 days of service date
 Consequence: 3 months extension of BAIID
(no appeal to DAAD)
High BAC (effective 10/31/2010)
 New MCL 257.319(8)(g)
• Requires 1 year suspension
• SOS may issue restricted license after 45 days
 New MCL 257.319(8)(h)
• May only operate vehicle equipped with BAIID
 Proof of BAIID installation must be provided
• Generic restrictions (MCL 257.319(17)) (and
BAIID) for remainder of 1 year suspension
SOS MAILING
 High BAC Conviction – Mailing
• Order of Action
• HBAC Instruction Sheet
• Rotating List of BAIID providers
ORDER AUTHORIZING REMOVAL REQUIRED
 MCL 257.322a (effective 10/31/2010)
• Prohibits a person with an SOS issued
restricted license from removing the BAIID
or causing it to be removed unless the SOS
issued an order authorizing its removal
• 90 day misdemeanor
• Applies to habitual & High BAC
High BAC Violation of Restrictions
 New MCL 257.319(8)(h)
• Removal
- Requires verification to the SOS of “no
instances” of > 0.025%
 New MCL 257.319(8)(i)
• Violation of conditions or “operates or attempts
to operate” with 0.025%
• Excludes start-up test failure within first 2 months
• SOS shall impose an additional like period of
suspension and restriction
SB 795 (effective January 1, 2011)
 Language added to SB 795 (Sobriety Court) to clarify
High BAC issues
• MCL 257.319(8)(h) & (i)
• Removal not prohibited and no additional
suspension if:
- Start-up test failure within first 2 months
- Start-up test failure followed by a breath sample
< 0.025% within 15 minutes
- Rolling retest > 0.025% followed by breath
sample < 0.025% within 5 minutes
Proposed Revision Rule 13a
 Servicing required every 60 days
 Report from BAIID vendor required when servicing
indicates:
• Habitual
- Major/Minor violation
• High BAC
- Start-up test > 0.025% that is not followed by a
breath sample < 0.025% within 15 minutes
- Rolling retest > 0.025% that is not followed by a
breath sample < 0.025% within 5 minutes
MCL 257.625l
 6 month misdemeanor to:
• “Request or solicit” another to provide a
sample
• Provide a sample for another
• Tamper/Circumvent
• Operate without a BAIID when one is required
(effective 10/31/2010)
-Law enforcement must impound vehicle
- If operator individually or jointly owns:
* Confiscate plate
* Issue temporary plate
* Notify SOS through LEIN
High BAC
 At the end date of license restrictions (plus any
additional periods of suspension/restriction) the
driver:
• Asks the BAIID provider to submit a BAIID report
to SOS
• Obtains an Order authorizing removal of the
BAIID
• Pays reinstatement fee
 For individual who chose not to obtain restricted
license:
• Pays reinstatement fee
High BAC Additional Considerations
 If additional period of suspension/restriction
imposed
• Entitled to request license appeal hearing
within 14 days
 If letter denying removal of BAIID is issued
• Entitled to request license appeal hearing
within 14 days
HIGH BAC CHART
• SOS Process for High BAC
2008 PA 463 (effective 10/31/2010)
 Eliminates Negligent Homicide and Felonious Driving
 Creates two new misdemeanor offenses
• Moving Violation Causing Death/Moving Violation
Causing Serious Injury
- Licensing:
* 1 year suspension
* 6 points
- Driver Responsibility Fee:
* $1,000 for 2 consecutive years
2008 PA 463 (effective 10/31/2010) (continued)
 Creates two new felony reckless driving offenses
• Reckless Driving Causing Serious Impairment of
a Body Function/Reckless Driving Causing
Death
- Licensing:
* revocation/denial
- (1-year or 5-year minimum)
* 6 points
- Driver Responsibility Fee:
*$1,000 for 2 consecutive years
Contact Information
Bureau of Regulatory Services
P. O. Box 30196
Lansing, MI 48909-7696
888-SOS-MICH
(888-767-6424)
www.michigan.gov/sos
Tulloch-BrownC@michigan.gov