Michigan state laws include the use of breath alcohol ignition interlock devices (BAIID) for repeat offenders of the state’s drunk or drugged driving laws. Repeat offenders include those persons with two or more alcohol-related convictions within seven years, three or more alcohol-related convictions within ten years and three or more convictions for driving with a suspended or revoked license within seven years, if the convictions resulted in mandatory additional suspensions or revocations. Michigan law also requires the use of a BAIID in cases of a blood alcohol content of 0.17 or higher, including first-time offenders.
The BAIID is a breath alcohol analyzer that is connected to the vehicle’s ignition and other control systems. The BAIID measures the driver’s breath alcohol level and, if the alcohol level is 0.025 or higher, the vehicle will not start. Random samples are collected by the device while the offender is operating the vehicle. BAIIDs must be approved by the state and obtained through a state-approved vendor.
At the time of the arrest, law enforcement seizes the metal license plates of the vehicle being driven by the repeat offender, even if the vehicle is not owned by the offender. A registration denial is imposed on the repeat offender, which includes all vehicles that are owned, co-owned, leased or co-leased by the offender. During the period of registration denial, the repeat offender cannot legally purchase, lease or obtain a vehicle, or attempt to purchase, lease or obtain a vehicle. In addition to the registration denial, the offender’s driver license may be suspended or revoked, a BAIID ordered and substance abuse treatment mandated for the offender. Repeat offenders who cause an accident that results in long-term injury or death will be charged with a felony.
The Secretary of State is required to revoke the driver licenses of habitual offenders and deny the offender’s application for a new license. A habitual offender is anyone who has two or more convictions within seven years or three or more convictions within ten years. After a minimum time period of license revocation and denial, the habitual offender may be eligible for a restricted license to operate BAIID-equipped vehicles. Offenders who are granted with restricted license and required to operate BAIID-equipped vehicles must do so for at least one year.
A BAIID must be installed on any and all vehicles owned or operated by the offender. The BAIID must be properly installed by a state-approved vendor and proof of installation must be provided to the local Secretary of State office. Breath samples with a breath alcohol content above 0.025, tampering with the device or other BAIID-related violations will result in an extension of the time period before the offender can request a driver license hearing. The revocation/denial of the original driver license may also be reinstated.
Offenders are responsible for having the device serviced by the vendor at a frequency specified by the court and vendor. The vendor will report any violations to the Secretary of State. Violations include failure to comply with the required service schedule, failing to take the rolling re-test when prompted by the device, a breath alcohol content of 0.025 or higher, an arrest or conviction for drunk and/or drugged driving, tampering with or circumventing the device, three monitor violations within a monitoring period, removing the device and operating a vehicle without a properly installed BAIID.
Offenders are responsible for any and all costs associated with the Breath Alcohol Ignition Interlock Devices. The state does not regulate these costs. Michigan law does limit the cost for low-income individuals to a maximum of $2.00 per day.
Additional Resources For Ignition Interlock Michigan Laws
Alcohol Related Driving Offenses Require Ignition Interlock
Need An Ignition Interlock Device In Michigan?
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