Michigan’s Ignition Interlock Law

1. Michigan’s Ignition Interlock Law April 2010

2. 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) MIP (MCL 436.1703)

3. 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). MIP (MCL 436.1703)

4. 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?

5. 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.

6. 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. .08 – OWI LAW

7. 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.

8. 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.

9. 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.

10. 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.

11. 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

13. 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.

14. 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.

15. “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.

16. “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.

17. 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.

18. 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.

19. 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).

20. 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.

21. 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.

22. 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.

23. Michigan to Join Other “High BAC” States

24. 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.

25. 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.

26. 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

27. Photo Identification Records every test for accurate positive identification Answers the question… Who took the test? Photo ID Interlock

28. INTERLOCK….AN ELECTRONIC PROBATION OFFICER IN THE CAR!

29. Photo ID Interlock This new technology will provide the Courts with a dual purpose: • Separates the offender from their vehicle. • 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.

30. 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.

31. 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

32. 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.

33. 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

34. 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.

35. 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.

36. 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.

37. 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.

38. 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.

39. 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.

40. 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.

41. Early Recall Feature • 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.

42. Cost The new law increases the maximum cost to $2.00 a day for low-income drivers, and for certain other low-income 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)

43. 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.

44. 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.

45. 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).

46. 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.

47. 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.

48. 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*****

49. H:\users\KenS\January_2010_Green_Light_News.pdf

50. Smart Start Demo Video.wmv