Michigan’s Ignition Interlock Law April 2010. Michigan’s Ignition Interlock Law Criminalizes...

Michigan’s Ignition

Interlock LawApril 2010

Michigan’s Ignition Interlock Law

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)


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)


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?


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.


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


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.


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.


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.

Interlock Status-Michigan


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.


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


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.



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.

http://www.nhtsa.dot.gov/portal/site/nhtsa/template.MAXIMIZE/menuitem.18e416bf1b09b6bbbf30811060008a0c/?javax.portlet.tpst=4427b997caacf504a8bdba101891ef9a_ws_MX&javax.portlet.prp_4427b997caacf504a8bdba101891ef9a_viewID=detail_view&itemID=4baadc4e3e394110VgnVCM1000002fd17898RCRD&viewType=standard&detailViewURL=/portal/site/nhtsa/template.MAXIMIZE/menuitem.18e416bf1b09b6bbbf30811060008a0c/?javax.portlet.tpst=4427b997caacf504a8bdba101891ef9a_ws_MX


“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.


“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.


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.


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.


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).


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.


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.


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 to Join Other “High BAC” States


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.


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.


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


Photo ID Interlock

Photo Identification Records every test for

accurate positive identification

Answers the question… Who took the test?

INTERLOCK….

AN

ELECTRONIC

PROBATION

OFFICER IN

THE CAR!


This new technology will provide the Courtswith 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.

Photo ID Interlock


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.


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


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.


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


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.


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.


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.


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.


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.


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.


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.


Early Recall Feature Programmable reasons for Early

Recall:1. Offender is failing breath tests

while trying to start their vehicle.2. Offender is skipping or failing

rolling retests.3. Offender is tampering with or

bypassing the device.


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)


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.


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.


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).


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.


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 Ignition Interlock Symposium (June 17, 2010) WhenThursday, June 17, 2010 from 9:00 AM - 4:00 PM (ET) WhereRadisson Hotel Lansing111. 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*****


H:\users\KenS\January_2010_Green_Light_News.pdf


Smart Start Demo Video.wmv


Interlocks Saving Lives

The benefits are clear… You are The benefits are clear… You are your communities best defense in your communities best defense in making sure our roads are safe. making sure our roads are safe. Everyone benefits from efforts to Everyone benefits from efforts to separate drinking from driving®.separate drinking from driving®.


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]


Eliminating Drunk Driving


Ken SteckerKen SteckerTraffic Safety Resource ProsecutorTraffic Safety Resource Prosecutor

Prosecuting Attorneys Association of MichiganProsecuting Attorneys Association of Michigan

116 West Ottawa116 West OttawaLansing MI 48913Lansing MI 48913

(517) 334-6060 x 827(517) 334-6060 x 827

[email protected]

Michigan’s Ignition Interlock Law April 2010. Michigan’s Ignition Interlock Law Criminalizes...

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