Michigan’s Ignition Interlock Law April 2010
MIP (MCL 436.1703)
Criminalizes any bodily alcohol content (.02 or any presence of alcohol within body) (misdemeanor) Increase Punishment- 30 days in jail is possible for second and 60 days in jail for third (but only if minor violated probation or other court ordered sanctions) Michigan’s Ignition Interlock Law
MIP (MCL 436.1703)
Federal District Court ruled that the portion of the MIP statute, compelling a PBT upon a finding a reasonable cause, constituted an unreasonable search without a warrant. Platte, et al v Thomas Township, et al, 504 F Supp 2d 227 (ED Mich, 2007); People v. Chowdhury, No. 288696 (Mich. App., September 10, 2009). Police officers may not rely on any authority granted them pursuant to MCL 436.1703(6). Michigan’s Ignition Interlock Law
What Do These Decisions Mean?
The portion of the PBT statute and any PBT ordinance is unconstitutional. Officers should seek consent. Under Michigan law, “A consent to search permits a search and seizure when the consent is unequivocal, specific and freely and intelligently given.” Based on officer’s observation, officer can still write ticket for MIP. Law enforcement officers will have to do an investigation using the tools they learned before technology: What is in their hands? How do their eyes look? What do they smell? How do they speak? How do they act? Are there beer bottles around the person? What evidence is there that the minor had been drinking? Michigan’s Ignition Interlock Law
People v Hyde, No. 282782 (Mich. App., September 1, 2009)
The Court held that taking the blood sample under the implied consent law was improper due to the defendant’s diabetes. Therefore, the Court concluded that the defendant’s blood was unconstitutionally seized in violation of the 4th Amendment, and the test results should be suppressed.
Michigan’s Ignition Interlock Law
.08 – OWI LAW PENALTY FOR A REFUSING TO TAKE A CHEMICAL TEST HAS INCREASED
One year suspension for first offense, two years for a second refusal in seven years.
PRESUMPTION OF ALCOHOL IN YOUR BLOOD OR URINE
No longer any presumptions in statute other than when blood or breath test is given, the results of the tests are presumed to be the same as at the time person was driving. Michigan’s Ignition Interlock Law
Senate Passes Primary Ban On Texting While Driving
On March 23, 2010, the Michigan State Senate made a major change to legislation that would ban motorists from texting while driving as they made the violation a primary offense, allowing police to ticket drivers for texting without having to first pull them over for committing another infraction. Michigan’s Ignition Interlock Law
Interlock Status-Nationwide
In 2007, 135,00 interlocks in service in the U.S.; 35% increase from June 2005; In 2007, more than 1.46 million drivers arrested for OWI; Interlock penetration approximately 10% nationwide. Michigan’s Ignition Interlock Law
Interlock Status-Michigan
Approximately 55,000 drunk driving arrests each year; About 28,000 involve a driver with a 0.15 BAC, while 21,000 involve repeat offenders; In 2008, 3,994 interlocks in use; Only 1 in 8 repeat drunk drivers use an ignition interlock device. Michigan’s Ignition Interlock Law
Drunk Driving Concerns in Michigan
In 2009, fatalities in Michigan was 871; Deaths that were alcohol related were 299 (34%); In addition to the numbers of people killed by drunk drivers, many more people were injured, some who will be affected for the rest of their lives. Michigan’s Ignition Interlock Law
What is an Interlock?
It is a breath alcohol analyzer connected to the ignition of a car; A vehicle equipped with this device cannot be driven unless the driver passes the unit’s breath alcohol tests (Below .025 BAC). AKA: Breathalyzer, Interlock, Baiid Michigan’s Ignition Interlock Law
Michigan’s Ignition Interlock Law
Separate Drinking From Driving
A breath alcohol ignition interlock device is the only available technology that separates drinking from driving. Other technologies (PBTs, ankle bracelets) measure drinking behavior. They do not prevent a vehicle from being started if alcohol is detected. Michigan’s Ignition Interlock Law
Michigan’s Ignition Interlock Law The law amends various sections of the MCL 257.625 pertaining to: Drunk Driving Offenses; License Sanctions for Drunk Driving Offenses; Use of An Interlock Device; Effective, October 31, 2010. Michigan’s Ignition Interlock Law
“The High BAC Law” in Michigan
MCL 257.625(1)(c) will prohibit operation of a vehicle if: (c) The person has an alcohol content of 0.17 grams or more per 100 milliliters of blood, per 210 liters of breath, or per 67 milliliters of urine. There will be 3 different “drunk driving” crimes. Michigan’s Ignition Interlock Law
“High BAC” Criminal Penalties
A “High BAC” will be a misdemeanor punishable by a maximum of 180 days, and/or a fine of at least $200 but not more than $700, and/or community service. The criminal penalties for a subsequent high BAC offense will be the same as for any repeat drunk driving offense. Michigan’s Ignition Interlock Law
License Restrictions
It will require the SOS to suspend the person’s license for 1 year, with restrictions permitted after 45 days. A restricted license shall include a condition that the person may only operate a vehicle equipped with an ignition interlock. Michigan’s Ignition Interlock Law
License Restrictions
The device may be removed only when the both of the following occur:
The provider gives SOS “verification that the person has operated the vehicle with no instances of a BAC of .025 or higher.” MCL 257.219(8)(h). SOS issues an order authorizing removal of the BAIID. MCL 257.322a. Michigan’s Ignition Interlock Law
Violations of the Restrictions
SOS will impose an additional period of license suspension and restriction if the person violated the conditions of the restricted license.
It will not apply to a start-up test failure within the first two months after the device had been installed. It will prohibit a person issued a restricted license requiring a device from removing the device or causing it to be removed unless the SOS issued an order authorizing its removal (90 day misdemeanor). Michigan’s Ignition Interlock Law
Mandatory Rehabilitation
MCL 257.625b(5) is modified to require that courts imposed mandatory rehabilitation for High BAC offenders and for repeat offenders. Under the new law, alcohol rehabilitation will continue not to be mandatory for Operating While Intoxicated-First Offense and Operating While Impaired-First Offense. The programs include: …but are not limited to, an alcohol treatment program for a period of not less than 1 year. The treatment plan shall be devised from an assessment performed by an appropriately licensed alcohol assessor and approved by the court. Michigan’s Ignition Interlock Law
Manufacturers of the Device
SOS is required to provide a list of manufacturers of approved ignition interlocks to each person who is issued a restricted license with a BAIID condition. It is a misdemeanor offense for operating a vehicle without a properly installed device if the operator has a restricted license that only allows him or her to operate a vehicle equipped with a device; It will require law enforcement officers to immediately impound any vehicle not containing a device if the driver is required to have one. Michigan’s Ignition Interlock Law
Impoundment of the Vehicle
The law will provide for impoundment when a person required to have an interlock is stopped while driving a vehicle without one. If the operator individually or jointly owns the vehicle without an interlock, the vehicle’s registration plate will be confiscated and destroyed, and the SOS will be notified. The owner and not necessarily the operator of the vehicle will be liable for all expenses incurred in the removal and storage of the vehicle. Michigan’s Ignition Interlock Law
Michigan to Join Other “High BAC” States
Michigan’s Ignition Interlock Law
Benefits: The Community
Allows an offender to contribute to society rather than being a burden; Financial resources can be focused on other areas of need; Protection to the community in that a drinking driver cannot drive a vehicle when an ignition interlock is installed. Michigan’s Ignition Interlock Law
Benefits: The Judicial and Licensing Process
Objective evaluation of behavior modification; Greater confidence in actions by the offender; Greater ability to fulfill responsibility to insure public safety.
Michigan’s Ignition Interlock Law
Benefits: The Defendant Keep working and earning wages Pay Legal Expenses Court Costs
Reduces DWI recidivism Successful Interlock programs allow clients to earn their way off Behavioral modification Michigan’s Ignition Interlock Law
Photo ID Interlock Photo Identification Records every test for accurate positive identification
Answers the question… Who took the test?
Michigan’s Ignition Interlock Law
INTERLOCK….
AN ELECTRONIC
PROBATION OFFICER IN THE CAR!
Photo ID Interlock This new technology will provide the Courts with a dual purpose:
1. Separates the offender from their vehicle. 2. Allows the Courts to monitor alcohol consumption through daily monitored PBTs. The offender can go out to their vehicle and provide PBTs multiple times per day. Michigan’s Ignition Interlock Law
Daily PBTs
The offender will have the convenience of walking outside to their vehicle to provide their PBT. The court could order as many daily tests as it would like. Cost effective. Cheaper than providing PBTs elsewhere and offenders save on gas & time. Michigan’s Ignition Interlock Law
Photo ID client May 2nd, 2008 09:05:37 AM 9:05:37 AM Picture Requested Test Started 9:05:50 AM Initial Test-Pass 0.000 9:05:54 AM Engine Start 9:05:55 AM Picture Requested Vehicle Started
Michigan’s Ignition Interlock Law
When Does the Device Take a Picture?
When the offender is providing the breath sample to start the vehicle. When the vehicle is actually started. When the offender is taking the running retests. If the offender is about to miss the running retest. If the offender tampers with the device. Michigan’s Ignition Interlock Law
Event Logs
Device Records All Events: Breath Samples Engine Starts and Stops Running Retests Missed Running Retests Tampering Events Picture of Offender if using Photo Device
Michigan’s Ignition Interlock Law
Records the Number of Engine Starts
The device keeps track of the number of times a vehicle is started. Puts a “Caution” on the report for anyone with a low number. “Red Flag” that an offender may be driving another vehicle.
Michigan’s Ignition Interlock Law
Anti-Circumvention Features
Hum Tone- Prevents defendant from using air tank; Breath Temperature- To ensure human breath sample; Photo ID- So you know who is providing breath sample; Running Retests- Prevents defendant from starting to drink after starting the vehicle. Michigan’s Ignition Interlock Law
Non-Compliance Feature
If an offender bypasses the device, starts the vehicle after a failed breath test, or fails a running retest the device can be programmed to alarm law enforcement and/or the public. The device can either honk the horn or flash the lights until a passing breath sample is given or the vehicle is shut off. Michigan’s Ignition Interlock Law
Restricted Drive Times
The device is programmable to only allow use of the vehicle during specified times. The court would use this tool if you did not want an offender to have access to the vehicle during high-risk times like late evenings or weekends. The company can lock the vehicle’s ignition system up to 3 times in any given day. Michigan’s Ignition Interlock Law
Temporary Lockout Feature
The device can be programmed to temporarily lock an offender from providing a breath sample. The temporary lock feature can be used after one failed breath test or a session of failed tests. This feature allows mouth alcohol time to dissipate so next breath test is clean if not consumed alcohol. Michigan’s Ignition Interlock Law
Downloads
Downloads usually every 30 days; Early recall feature will call the defendants in early for violations; Reports sent to proper authority next day; It can download more often, some courts download every 2 weeks. Michigan’s Ignition Interlock Law
Early Recall Feature
The device can be programmed to call an offender in prior to their scheduled appointment. This allows the court to have the information on non-compliance sooner. Can be programmed to meet each courts needs. Michigan’s Ignition Interlock Law
Early Recall Feature
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Programmable reasons for Early Recall: Offender is failing breath tests while trying to start their vehicle. Offender is skipping or failing rolling retests. Offender is tampering with or bypassing the device. Michigan’s Ignition Interlock Law
Cost The new law increases the maximum cost to $2.00 a day for low-income drivers, and for certain other lowincome drivers the installation fee will be waived. Without Camera Installation- $75.00 Daily- $2.50 Photo ID Device Installation- $100.00 Daily- $3-4 (depending on program PBT requirements) Michigan’s Ignition Interlock Law
Approved Ignition Interlock Device Manufacturers
Smart Start, Inc.; LifeSafer Interlock; Draeger; Consumer Safety Technology; Alcohol Detection Systems. Smart Start, Inc. has come out with a camera equipped interlock device that photographs the person who provides the breath sample. Smart Start’s ignition interlock system effectively separates drinking from driving. Michigan’s Ignition Interlock Law
Will Ignition Interlock Devices be effective in Michigan?
A study in Maryland among repeat offenders show a significant reduction in recidivism of 64% among these multiple offenders while the BAIID was in place. According to Hamilton County, Ohio, study, recidivism in DWI offenders is reduced by 65% when the ignition interlock is used on offenders’ vehicles. A number of studies have shown significant increases in the rate of recidivism following the removal of the ignition interlock from the offender’s vehicle. Michigan’s Ignition Interlock Law
What are the obstacles? While common in most states, and despite its proven effectiveness and the existence of legislation and regulation: Lack of information
Misinformation Urban myths and legends associated with failings of the device, although false, they become widely disseminated and never adequately addressed (i.e. Altoids cause the device to fail). Michigan’s Ignition Interlock Law
Conclusion Ignition interlock technology: Stops OWI offenders from driving after drinking; Allows offenders to drive legally to work, school, treatment, and to take care of family obligations; A cost-effective sanction for OWI offenders. Michigan’s Ignition Interlock Law
Moving Violations
Moving violation that caused serious impairment of a body function of another person-Misdemeanor (93 days); Moving violation that caused death of another person-Misdemeanor (1 year); Reckless driving that caused serious impairment of a body function of another person-Felony (5 years); Reckless driving that caused death of another person-Felony (15 years); Repeal sections that prescribe penalties for felonious driving and negligent homicide; Effective, October, 2010. Michigan’s Ignition Interlock Law
Michigan Ignition Interlock Symposium (June 17, 2010) When Thursday, June 17, 2010 from 9:00 AM - 4:00 PM (ET) Where Radisson Hotel Lansing 111. N. Grand Ave., Lansing MI, 48933
Event Schedule: 9:00 AM - Registration 9:30 AM - Traffic Safety Overview 10:30 AM - Understanding the Role and Value of Ignition Interlocks 12:15 PM - Lunch (provided at no cost) 1:15 PM - Panel Law Enforcement Implementation Court Implementation SOS/DAAD Implementation 3:15 PM - Panel Q&A ***** Registration is free-Space is limited to 250***** Michigan’s Ignition Interlock Law
H:\users\KenS\January_2010_Green_Li ght_News.pdf
Michigan’s Ignition Interlock Law
Smart Start Demo Video.wmv
Michigan’s Ignition Interlock Law
Interlocks Saving Lives The benefits are clear… You are your communities best defense in making sure our roads are safe. Everyone benefits from efforts to separate drinking from
driving®.
Michigan’s Ignition Interlock Law
Upcoming ARIDE Classes
May 25-26th, MSP Police Academy May 27-28th, MSP Police Academy June 24-25th, Auburn Hills July 14-15th, MSP Police Academy To Add an Additional Class-TBA Please contact Kenneth Stecker at
[email protected] Michigan’s Ignition Interlock Law
Eliminating Drunk Driving
Michigan’s Ignition Interlock Law
Ken Stecker Traffic Safety Resource Prosecutor Prosecuting Attorneys Association of Michigan 116 West Ottawa Lansing MI 48913 (517) 334-6060 x 827
[email protected]
Michigan’s Ignition Interlock Law
Michigan’s Ignition Interlock Law
