Ignition interlock devices in Michigan OWI cases

An ignition interlock (Michigan law calls it a breath alcohol ignition interlock device, or BAIID) is a breath tester wired into a vehicle's ignition. It will not let the vehicle start if the driver's breath alcohol level reaches 0.025 grams per 210 liters of breath, and it asks for further breath samples while the vehicle is running.^[1]

In OWI cases an interlock is tied either to a restricted license or to a court order. This guide explains when Michigan law calls for one, how the device works, who pays, which acts are crimes or violations, and how removal works. The license rules are covered in more depth in the restricted license guide and the other linked guides.

When is an interlock required?

The table lists the main situations in which Michigan law ties an interlock to an OWI case.

Situation	What the law says
First high-BAC (0.17 or more) conviction	The restricted license after the first 45 days allows driving only a vehicle with an approved interlock, and it is not issued until proof of installation is given.[8][2]
Specialty (sobriety) court interlock program	For drivers with 2 or more qualifying convictions; the judge must certify that an approved interlock is installed on each vehicle the person owns or operates before the license issues.[3]
Restricted license after a restoration hearing	Every restricted license a hearing officer issues after a hearing held after 1 October 1999 must require a working interlock on each vehicle the person owns or intends to drive, for at least 1 year at first.[4]
Restricted driving ordered by a circuit court after a revocation	Each vehicle the person operates must have a working interlock for at least 1 year before the person may return to the Secretary of State for a hearing.[9]
Probation after a conviction under MCL 257.625(1) or (8)	The court may order, as a probation condition, that the person drive only a vehicle with an approved interlock.[10]

For the license side of each, see high BAC license rules, the sobriety court restricted license and after restoration: the interlock-restricted license.

How does a Michigan interlock work?

A device approved for use in Michigan must meet these requirements:^[1]

• it prevents the vehicle from starting at a breath alcohol level of 0.025 or more;^[1]
• it uses an alcohol-specific fuel-cell sensor;^[1]
• it takes a photo, with date and time, each time a sample is given;^[1]
• it asks for a first rolling retest 5 to 15 minutes after the vehicle starts, then more retests every 15 to 45 minutes, and allows up to 5 minutes to give a passing sample each time.^[1]

If a retest shows 0.025 or more, or no sample is given in time, the device warns the driver and makes the vehicle inoperable once it is no longer being operated. It does not shut the engine off in traffic. It also disables the free restart and starts a 5-day countdown to a permanent lockout.^[11]

The Secretary of State's own tips for interlock users include not eating or drinking anything but water for 15 minutes before a test, since mouthwash, cold medicine and even food can cause readings, and rinsing and giving another sample within five minutes if alcohol is detected.^[12] The Secretary of State also tells users never to leave the vehicle running when they are not in it, and warns that missing a rolling retest, or not giving a sample within five minutes of a retest request, results in revocation of the license.^[13]

Who approves the devices and the providers?

A manufacturer that wants its device certified in Michigan must apply to the department and submit a report from an approved laboratory certifying that the device meets or exceeds the 2013 federal model specifications. The department gives each person approved for an interlock-restricted license a list of manufacturers of approved devices, rotating the order each time.^[14]

Manufacturers must monitor installed devices and report circumvention, tampering, or an attempt to drive at 0.025 or more to the Secretary of State, and to the court where appropriate. They must have service locations within 50 miles of any location in Michigan unless the state approves a waiver.^[15] Each device carries a warning label stating that tampering with, circumventing or otherwise misusing it is a misdemeanor.^[16]

Who pays for the interlock?

For a restricted license issued after a restoration hearing, the statute puts the cost of the device on the person whose license is restricted.^[4] The same is true of an interlock required by a circuit-court order.^[9]

For low-income drivers, manufacturers must agree to provide a device without cost to anyone whose gross income for the previous tax year, as shown on the state income tax return, was below 150% of the official poverty line. That person pays the installer a maintenance fee of not more than $2.00 per day.^[6] This page does not list installation or monthly fees, because no official source sets them.

Servicing and reports

The provider must service an installed device at least once every 60 days. It must report a major or minor violation, a reading of 0.025 or more on a high-BAC license, or a removal without a Secretary of State order (unless a device is reinstalled within 7 days) to the Secretary of State within 5 business days, with a copy to the driver. Those reports cannot be withdrawn by the provider.^[17][7] Providers must not give overrides or override instructions to the driver unless federal model specifications permit it or the department authorizes it.^[18]

Interlock crimes: tampering, circumvention and "blowing for" someone

Each of the following is a misdemeanor punishable by up to 6 months in jail, a fine of up to $5,000, or both:^[5]

• a person who may drive only an interlock-equipped vehicle driving a vehicle without a properly installed device;^[5]
• a restricted person asking or allowing someone else to blow into the device or start the vehicle for them;^[5]
• anyone blowing into the device or starting the vehicle to give the restricted person an operable vehicle;^[5]
• anyone tampering with or circumventing the device.^[5]

The rules give these words specific meanings. "Circumvent" means using a bogus or filtered breath sample, an electronic bypass or override, push-starting or hot-wiring, or any other way to start the vehicle without a passing start-up test. "Tamper" means, without authorization, physically altering or disabling the device, disconnecting its power, or removing or defacing its anti-tampering measures.^[19]

If an officer detains an interlock-restricted driver for a violation of law and the vehicle has no properly installed device, the officer must impound the vehicle. If the driver owns or co-owns it, the officer destroys the plate and issues a temporary one, which lasts until the charge is resolved.^[20]

Major and minor violations on a restoration license

For drivers whose interlock is part of a restricted license after a restoration hearing, the rules sort events into "major" and "minor" violations. Major violations include a rolling-retest violation, a new 625g temporary permit, an interlock-crime conviction, evidence of tampering or circumvention, three minor violations, unauthorized removal, and driving any vehicle without a working device.^[21] Minor violations are three start-up test failures after the device has been installed for at least 2 months, or failing to report for service within 7 days of the scheduled date.^[22]

A major violation brings back the original revocation, with at least 5 days' written notice and a right to request a hearing within 14 days, at which the driver bears the burden. A minor violation adds 3 months to the wait for the next hearing and to the minimum interlock period.^[23] The Secretary of State tells drivers they are responsible for all violations, even when someone else was driving.^[13] More detail is in after restoration: the interlock-restricted license.

Getting the interlock removed

A person whose restricted license requires an interlock must not remove the device, or have it removed, until the Secretary of State issues an order authorizing removal.^[7] How removal is earned depends on the license:

• High BAC: the device may be removed after the provider verifies that the person drove with no readings at or above 0.025, subject to listed exceptions; the driver sends the Secretary of State the HBAC Form 1 and an original interlock report.^[24][25]
• Restoration license: a hearing officer decides, and the initial interlock period is at least 1 year.^[4]
• Specialty court: a hearing officer cannot order an unrestricted license before the program is completed, the original minimum sanction has ended, the person has driven with an interlock for at least 1 year, and the restoration rules are met.^[26]

For how interlocks differ from other alcohol monitoring that courts order, such as SCRAM bracelets, see alcohol monitoring devices, and for probation conditions see probation after an OWI.