After license restoration in Michigan: the interlock-restricted license

Winning a Michigan restoration hearing after a repeat-OWI revocation does not bring back a full license right away. The hearing officer may first issue a restricted license, and every restricted license issued after such a hearing requires a working ignition interlock on each vehicle the driver owns or intends to drive, for an initial period of at least 1 year.^[1][2]

This guide covers that stage: what the restricted license requires, how the interlock period is counted, what counts as a violation and what each violation costs, and how a driver moves to an unrestricted license. The device itself is described in ignition interlock devices.

What the restricted license requires

A hearing officer who issues a restricted license after a revocation or denial under section 303(2)(c), (d) or (g) must require a properly installed and functioning interlock on each vehicle the person owns or intends to operate, with the cost paid by the driver, and must condition the license on verification that the device has been installed.^[1] The license cannot allow driving a commercial vehicle that hauls hazardous material.^[1]

The restrictions themselves are set out in the hearing officer's order. The Secretary of State says its summary of interlock rules does not cover everything and tells drivers to read the order in its entirety and follow all its instructions.^[7]

If the driver will drive a vehicle owned by an employer, the Secretary of State notifies the employer of the interlock restriction. The employer is not required to install a device. That rule does not apply to a self-employed person's vehicle used for both business and personal driving.^[8]

When does the 1-year interlock period start?

The minimum period begins only when both of these have happened: the driver verifies to the department that an interlock has been installed, and the department issues a valid restricted license.^[3] Time before both steps are complete does not count toward the minimum.^[3]

If the restricted license is interrupted, the hearing officer may add together the periods when it was actually in effect to decide whether the minimum has been met.^[3] Each minor violation extends the minimum interlock period by 3 months.^[5]

Servicing and reports

The provider must service the device at least once every 60 days. It must report any major or minor violation, or any removal without an order, to the Secretary of State within 5 business days, with a copy to the driver, and it cannot withdraw a report once made.^[9] Providers also prepare a report at the end of each 12-month period the device is installed and whenever it is removed.^[10] They may not give the driver overrides or override instructions unless federal specifications or the department allow it.^[11]

Major violations

Each of these is a "major violation" during the monitoring period of a restoration license:^[4]

• a rolling retest violation, meaning an alcohol reading while driving that is not cleared by a passing sample within 5 minutes, or a missed retest;^[4]
• being issued a temporary permit under section 625g, which follows a new OWI arrest;^[4]
• a conviction for an interlock crime under section 625l;^[4]
• servicing that shows tampering or circumvention, or an attempt at either;^[4]
• three minor violations;^[4]
• removing the device without an order, unless a device is installed in a vehicle the driver owns or drives within 7 days;^[4][6]
• driving any vehicle without a properly installed and working device.^[4]

The monitoring period includes any extension the department imposes.^[12] When a major violation is reported, the Secretary of State reinstates the original section 303 revocation or denial and gives at least 5 days' written notice. If a written hearing request is filed within 14 days after the reinstatement, a hearing is scheduled, and at that hearing the driver must show why the reinstated revocation should be set aside or modified.^[5]

The Secretary of State's page says the request for a violation hearing must be received by OHAO within 14 days of the effective date of the reinstatement.^[13] It also says that a driver who misses that window, or chooses not to appeal, becomes eligible for a hearing one year after the date of the last appeal hearing.^[7]

Minor violations

A "minor violation" is either 3 start-up test failures after the device has been installed for at least 2 months, or failing to report for monitoring within 7 days after the scheduled service date.^[14] A start-up failure does not count if a passing test is given within 15 minutes, and several failed attempts at one time count as one failure.^[14] Each minor violation extends both the time before another hearing may be held and the minimum interlock period by 3 months.^[5]

Practical points the Secretary of State lists

The Secretary of State's guidance for drivers on an interlock includes several practical instructions:

• Never leave the vehicle running when you are not in it; the Secretary of State says a missed rolling retest, or no sample within five minutes of a retest request, results in revocation.^[15]
• Call the interlock company before any repair, keep receipts for parts, towing and repairs, add a notarized letter explaining the work, and send the documents within five days to the address the Secretary of State gives.^[15]
• After a disputed reading, a police breath test within one hour or an EtG lab test within 24 hours may help at a later hearing, though it will not prevent a revocation.^[15]
• Limit who drives the vehicle; the driver is responsible for all violations, even if someone else was driving.^[15]
• When switching providers, have the new device installed within 7 days of removal.^[6][16]

Moving to an unrestricted license

The rules describe the restricted license as lasting for a period the hearing officer sets "before consideration for an unrestricted license."^[2] That consideration happens at another OHAO hearing. The Secretary of State lists "change / removal of restrictions" as a separate hearing type. For it, the driver files Form 257, a current interlock report or receipt, and community support letters (or witnesses), plus Form 258 and a drug screen if the driver was ever arrested for an alcohol or drug offense.^[17] The checklist asks for an interlock report dated within 30 days of submission.^[18]

After the minimum monitoring period, the driver must get an interlock report from every provider that has installed a device, and may be required to prove the device was in place for the minimum period.^[10] The device must not be removed until the Secretary of State issues an order authorizing removal.^[6] The evidence and standard at the hearing are covered in what a restoration hearing requires and license restoration hearings.

If the restricted driving came from the circuit court

When a circuit court, rather than a hearing officer, finds a revoked driver eligible for restricted driving, its order must require an interlock on each vehicle the driver operates for at least 1 year before the driver may return to the Secretary of State for a hearing.^[19] The order must direct the Secretary of State to revoke the restricted license for listed events, including breaking the restrictions, unauthorized removal of the device, a major violation, using alcohol or a controlled substance without a prescription, and a new OWI arrest.^[20] See appealing a license sanction to circuit court.

After full restoration

An unrestricted license does not remove the conviction from the driving record. The Secretary of State's driver manual says a conviction for impaired driving stays on the driving record permanently.^[21] A later OWI conviction can lead to a new revocation, and a revocation within 7 years of an earlier one carries a minimum of 5 years.^[22][23] See how long an OWI stays on your record and license revocation for repeat OWI.