Vehicle immobilization after an OWI in Michigan

Vehicle immobilization is a court order that the vehicle used in the offense be disabled, by any court-approved technology that locks the ignition, wheels or steering or otherwise prevents it from being driven.^[6] After a Michigan OWI it is optional for a first offense and mandatory for repeat offenses and for OWI causing death or serious impairment, under MCL 257.904d.^[1][2]

Immobilization is ordered by the court in the judgment of sentence.^[7] It is also separate from vehicle forfeiture, though the two are linked: for repeat OWI the court must order immobilization unless it orders the vehicle forfeited.^[7]

How long: immobilization periods by offense

Conviction	Immobilization
OWI, OWVI, child endangerment or 625(8) drug offense, no prior convictions	Court may order up to 180 days[1]
OWI causing death or serious impairment, no prior convictions	Court must order up to 180 days[2]
An OWI-type conviction within 7 years after a prior conviction	Court must order 90 to 180 days[2]
An OWI-type conviction after 2 or more prior convictions	Court must order 1 to 3 years[2]
Driving without a required ignition interlock, MCL 257.625l(2)	Court must order 90 to 180 days[8]

The 1-to-3-year tier changed on October 31, 2010. Before that date the two priors had to fall within 10 years; since then, two or more priors at any time trigger it.^[9]

Driving while suspended has its own immobilization scale, from a discretionary 180 days for one prior suspension within 7 years to a mandatory 1 to 3 years for four or more.^[10] See driving while license suspended or revoked.

What counts as a prior conviction here

For immobilization, a "prior conviction" includes any drunk- or drugged-driving conviction under section 625 except 625(2) (letting someone else drive), a commercial 0.04 conviction under 625m, vehicle-related negligent homicide, manslaughter or murder, and since 2010 a 601d or 626(3)/(4) conviction, under Michigan law, a local ordinance or another state's law.^[11] Convictions from the same incident count as one, and only one under-21 zero-tolerance conviction can be used.^[11] The general rules are explained in how prior convictions are counted.

Whose vehicle can be immobilized

The court may order immobilization if:^[12]

• the defendant owns, co-owns, leases or co-leases the vehicle driven during the violation; or^[12]
• the owner, co-owner, lessee or co-lessee knowingly let the vehicle be driven by an intoxicated person (MCL 257.625(2)) or by someone whose license was suspended, revoked or denied (MCL 257.904(2)), whether or not a conviction resulted.^[12]

The defendant must give the court the vehicle identification number and plate number of the vehicle involved.^[13] The statute does not apply to:^[14]

• a vehicle registered in another state, or a rental vehicle;^[14]
• a vehicle owned by the federal, state or a local government;^[14]
• a vehicle not subject to registration under MCL 257.216.^[14]

For households that share a car, see when a family member is arrested for OWI and letting an impaired person drive your vehicle.

When it starts, and whether it can be suspended

If the defendant is jailed for the offense, the immobilization period begins when the jail term ends.^[3] A required immobilization order "shall not be suspended," except in two situations the statute names:^[3]

• For a conviction for driving without a required interlock, the court must suspend the order if the person gets a restricted license and an interlock is properly installed, and may reinstate it if the device is tampered with or the restricted license is lost.^[8]
• Immobilization is subject to MCL 257.304 when the defendant obtains a specialty-court restricted license.^[15] A participant in good standing in the specialty court interlock program, or who completes it, is exempt from both immobilization and forfeiture unless they later violate a law carrying those sanctions.^[16]

The second route runs through a treatment court; see the sobriety court restricted license.

How immobilization works and who pays

The court chooses the method and may order the vehicle stored at a location and in a manner it considers appropriate.^[6] The defendant, or the company providing the service, must certify to the court that the vehicle is immobilized as ordered.^[6] The court may order the person convicted to pay the cost of immobilizing and storing it.^[6] A local ordinance on vehicle storage or removal gives way to the court's order where the two conflict.^[17]

What is forbidden while a vehicle is immobilized

• The defendant may not purchase, lease or otherwise obtain a motor vehicle during the immobilization period.^[4]
• Removing, tampering with or bypassing the immobilization device, or driving a vehicle known to be ordered immobilized, is a misdemeanor punishable by up to 93 days and/or $100.^[4]
• A vehicle stopped while being driven in violation of the order is impounded pending a court order.^[4]
• Buying or leasing another vehicle with intent to get around immobilization is a separate misdemeanor punishable by up to 1 year and/or $1,000.^[18]

The vehicle itself may be sold during immobilization, but not to a person exempt from use tax, which includes a spouse, parents, siblings, children, step-relatives, grandparents and grandchildren, without a court order.^[5][19]

Plates are taken at the roadside

When an officer detains a driver for a violation for which immobilization is required, such as an OWI within 7 years of a prior conviction, the officer must confiscate and destroy the registration plate, put on a temporary plate, and notify the Secretary of State.^[20][2] That temporary plate lasts until the charges are dismissed or the driver pleads, is convicted or is acquitted.^[20] See license plates and registration.

Practical points: gather the title, registration, any loan or lease papers, and a list of every vehicle in the household and who owns each one before sentencing. Ownership and permission decide whether a vehicle can be immobilized, and the defendant must give the court the vehicle identification and plate numbers.^[12][13] Keep any certification or invoice from the immobilization provider.

Common misunderstandings

• "Immobilization only applies if my priors are within 10 years." That was the rule before October 31, 2010.^[9]
• "The judge can waive it on a second offense." A required order cannot be suspended except as the statute provides.^[3]
• "Putting the car in my spouse's name solves it." Transfers to use-tax-exempt relatives, including a spouse, need a court order during immobilization.^[18][21][19]

For everything else a repeat conviction brings, see second OWI within seven years and third-offense OWI.