Alcohol monitoring in Michigan OWI cases: SCRAM, breath devices and testing

Michigan courts can require alcohol monitoring at three points in an OWI case: as a condition of release on bond, as a condition of probation, and as part of a sobriety or other drug treatment court.^[1][2][4] The rules authorizing it speak in general terms, such as a "substance abuse testing or monitoring program" or "electronic monitoring," rather than naming a device, so the rules leave the method to the court.^[9][3]

The Secretary of State's ignition interlock rules are a fourth, separate system tied to the driver's license.^[6][10] This page sets out the legal basis for each, what violations mean, and who pays where an official source says so.

The main types of monitoring

These are the common methods, described in plain terms. They are tools, not legal categories; the legal question is always which rule or order authorizes them.

• Transdermal alcohol monitors (often called SCRAM tethers or alcohol bracelets) are worn on the body and test for alcohol through the skin. Michigan's specialty-court license statute names "transdermal testing" as one way alcohol use can be shown.^[11]
• Breath testing can mean scheduled or random breath tests at a probation office, or a portable device.
• Urine, blood or other lab testing checks for alcohol or drugs. Michigan's restoration-hearing checklist, for example, calls for a 12-panel laboratory urinalysis drug screen with at least two integrity variables.^[12]
• Ignition interlocks are breath devices wired to a car that block starting at 0.025 or more and require rolling retests.^[13]

Before trial: bond conditions

The default is release on personal recognizance or an unsecured bond.^[14] If that is not enough to ensure appearance or public safety, MCR 6.106(D)(2) lets the court add conditions, which may include requiring the defendant to:^[1]

• not use alcohol or illicitly use any controlled substance;^[1]
• "participate in a substance abuse testing or monitoring program";^[1]
• participate in a specified treatment program, including substance abuse treatment;^[1]
• comply with "any other condition" reasonably necessary to ensure appearance and public safety.^[9]

In choosing conditions the court must consider factors including the defendant's "history of substance abuse or addiction."^[15] Separately, MCL 765.6b preserves judges' and magistrates' authority to impose release conditions under other laws, "including ordering a defendant to wear an electronic monitoring device."^[16] The provision is worded as a limit on what the statute takes away: it "does not limit the authority" of judges to set conditions under other statutes or court rules.^[16]

If a person whose roadside test detected alcohol or a drug is released while a chemical test is pending, the release may be conditioned on not driving under the influence; a violation means arrest without a warrant, forfeited or revoked bail, and no release before arraignment.^[17] Breaking any bond condition can lead to an arrest warrant, revocation of release, and forfeiture of the bail.^[18] More on bond is in bond and release conditions; the domestic violence guide's page on GPS tethers and alcohol monitoring on bond covers the general bond rules from a different angle.

After conviction: probation conditions

As probation conditions, MCL 771.3 allows the court to order, among other things, jail of up to 12 months, community service, drug treatment or a drug treatment court, substance abuse counseling, house arrest, electronic monitoring, and a residential program.^[2][3] Since April 1, 2021, optional conditions must be individually tailored to the probationer's assessed risks and needs and designed to reduce recidivism.^[19]

For an OWI or a 625(8) drug conviction, the court may also order that the person not drive any vehicle without an approved, certified ignition interlock.^[5] If the person was convicted of high BAC (0.17 or more) or has a prior conviction, the court must order at least 1 year of rehabilitative programming such as alcohol treatment or a self-help program.^[20]

See probation after an OWI for the full set of probation terms.

In sobriety court and other treatment courts

A drug treatment court, including a DWI/sobriety court, must provide close monitoring, mandatory periodic and random alcohol and drug testing, and graduated rewards and sanctions, which may include jail.^[4] The State Court Administrative Office reported that in fiscal year 2024 sobriety courts had the highest average number of tests of any program type, "most likely due to the frequent use of alcohol tethers, interlock devices, and Breathalyzers."^[21] The same report said oral fluid, breath and sweat-patch testing can supplement urine testing but should not replace it.^[21]

Testing results and statements from treatment are confidential and may not be used in a criminal prosecution unless they reveal crimes other than, or inconsistent with, personal drug use.^[22] Program requirements are set locally; the West Michigan Regional Sobriety Court, for example, lists random testing up to 7 days a week and a minimum 60-day SCRAM tether.^[23] See sobriety courts.

Interlocks and the driver's license

Situation	Interlock rule
High BAC (0.17+) first offense	The restricted license may be used only in a vehicle with an approved interlock, and it is not issued until proof of installation is provided.[6]
Repeat offender in a specialty court	The restricted license requires an interlock on each vehicle the person owns or operates.[7]
License restored by a hearing officer	The restricted license requires an interlock on each vehicle, for at least 1 year at first.[10]
Probation	The court may order interlock-only driving as a probation condition.[5]

Interlock providers must report circumvention, tampering, or an attempt to drive at 0.025 or more to the Secretary of State and, where appropriate, the court.^[24] The Secretary of State tells users they are responsible for all violations, even if someone else drove, and suggests a police breath test within one hour or an EtG lab test within 24 hours after a disputed reading, while warning that these will not prevent a revocation.^[25] Details are in ignition interlock devices.

What a positive or missed test can mean

The consequences depend on where the monitoring comes from:

• On bond: the court may issue a warrant, revoke release and forfeit bail.^[18]
• On misdemeanor probation: missing or failing a drug test is a "technical" violation, subject to jail caps of 5, 10 and 15 days for the first three.^[26][8]
• On felony OWI probation: drinking alcohol is not a technical violation, so those caps do not apply.^[8]
• On a specialty-court restricted license: alcohol use shown by breath, blood, urine or transdermal testing, unless a second test within 5 minutes showed none, delays an unrestricted license at least 1 year.^[11]

The violation process is explained in probation violations in OWI cases.

Who pays

Only a few costs are fixed by an official source:

• A circuit court probation order includes a supervision fee of $30 per month, or $60 per month with an electronic monitoring device, a term that includes devices that "detect the presence of alcohol"; the court may waive it for indigency.^[27]
• Treatment court participants must pay or substantially contribute to treatment and testing costs, with hardship waivers possible.^[28]
• Interlock costs fall on the driver, with a no-cost device for people below 150 percent of the poverty line, who pay up to $2.00 a day in maintenance.^[29]
• If no other funding source exists, the defendant pays for the pre-sentence screening, assessment and ordered treatment.^[20]

This guide found no official Michigan source that sets private vendors' prices for tethers or testing. The court or probation department can say which provider it uses and what it charges.