License Reinstatement: From Start to Finish
Everything attorneys and courts should know about Restricted Licenses, Ignition interlock
devices & providers
Michele Compton
• Former MADD Executive Director, SE Michigan
• Michigan Ignition Interlock Providers Association
• President/CEO of Michigan Interlock, LLC• Michigan Association of Drug Court
Professionals
SEMINAR OVERVIEW
• History of Michigan Interlock Law • License Reinstatement Process• Ignition Interlock Device technology, history
and how your client interacts with them• What is the Secretary of State really looking
for• What is a violation or reportable event• The appeals process• How to guide your client across the finish line
Repeat Offender Law
Enacted October 1999to address inconsistencies in court
licensing sanctionsIntroduced comprehensive ignition
interlock requirementsTransferred responsibility of licensing
sanctions to DLAD (Driver License Assessment Division) – currently renamed Bureau of Regulatory Services – Administrative Hearing Section
Repeat Offenders
If you have any of the following combinationsof drunk or drugged driving convictions, thelaw indicates that you are a Habitual (Repeat)Offender:
•Two or more convictions within 7 years.
•Three or more convictions within 10 years.
•The Secretary of State is required to revoke the driver license of a habitual offender and deny his or her application for another license.
License ReinstatementRepeat Offenders
• Submit Driver’s License Hearing Request (form on Michigan.gov)
•Lifetime Conviction History•Lifetime Treatment History for alcohol and/or drug use
disorders (i.e., detoxification, treatment, driver safety intervention, etc.)
•Lifetime Support Group history (i.e., AA, NA, Women for Sobriety, etc)
•Mental Health Diagnosis
Substance Abuse Evaluation by Certified Evaluator•Drug Screen•Abstinence History•Prognosis•Continuum of Care Recommendations•Dated no later than 3 months prior to submission
License ReinstatementRepeat Offenders
• Other Documentation• Three to six community support letters• Documentary evidence of attendance at
support meetings• Ignition Interlock final report if granted
restriction at previous hearing and new installation required
All Requests for Hearings must be in writing
and mailed or faxed to the Legal and Regulatory Services
Administration
Restricted License Authorization – Repeat Offenders
• Received in mail within one month of hearing
• First Step – have an ignition interlock installed on vehicle
• Take Installation Certificates and appeal letter to local Sec of State Office (supplied by Provider)
HBAC
•MCL 257.625(1)(c) - Jan 9, 2009The 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
•First-time offences
•Implied consent applies
HBAC Criminal Sanctions
High BAC is a misdemeanor and carries the following penalties:
•Up to 180 days in jail.
•A fine of at least $200 but not more than $700.
•Up to 360 hours of community service.
SUSPENDED
SUSPENDEDHBAC
• One year license suspension. The Secretary of State may issue a restricted license 45 days after the suspension starts if the person is otherwise eligible
• A restricted license will permit the individual to operate a vehicle equipped with an ignition interlock device under the following circumstances:
• To and from:– residence and employment, and during employment;– alcohol or drug education or treatment program– regularly scheduled treatment for serious medical
condition– probation, community service and school.
HBAC
• Client will receive in mail an Order of Action after their conviction and court appearance
• 45 day hard suspension• Installation of ignition
interlock system for at least 10-1/2 months or until end of suspension
• Authorization to Remove is required.
HBAC
HBAC and Repeat Offenders Responsibilities
•Shall not operate a motor vehicle on which a BAIID is not properly installed (MCL 257.625l(2))
•Shall not request or solicit any other person to blow into a BAIID (MCL 257.625l(3))
•Shall not blow into the device for a person who has a BAIID installed (MCL 257.625l(4))
•Shall not tamper with or circumvent the operation of a BAIID (MCL 257.625l(5))
Sobriety Court Pilot Program
The legislation creates a three-year pilot project, beginning January 1, 2011, that would enable a person convicted of certain drunk driving offenses to obtain a restricted driver license by fulfilling conditions specified in the law, such as admittance into a sobriety court and installation of an ignition interlock.
• The bill would amend the Michigan Vehicle Code to require the Secretary of State to issue a restricted license to a person whose license was suspended, restricted, revoked or denied based on two or more convictions of DWI or impaired if the above conditions are met.
Previous Amended
One year hard suspension
45 day hard suspension
Offender Applies to SOS
Judge orders
Hearing at SOS Admittance in Sobriety Court
Pays Driver Respon. Fees
Fees due after Program
Sobriety Court Pilot Program
ENTERING
COMPLETION
NON COMPLIANCE
Form MC 393Form MC 393Court Interacts Directly Court Interacts Directly with Secretary of Statewith Secretary of State
Provider Also Reports Provider Also Reports ViolationsViolations
Indigent Discount Process
Michigan Department of Treasury takes the federal poverty guidelines for the appropriate year and multiply the corresponding income level and no. of dependents by 150% and compare it to the adjusted gross income from the defendants tax return. If it is at or below the 150% level, then they are qualified for the discounted rate. If the adjusted gross income is higher than the 150% they do not.
Will advise provider and provider will advise client.
Process can take up to 6 weeks.
Ignition Interlock Providers
• Must be certified by the State of Michigan
• Service locations within 50 miles of every resident of the State of Michigan
• Agree to install and deinstall device to indigents free of charge with $2/day rental fee
• Must monitor/download and recalibrate unit every 60 days
Understanding the Ignition Interlock Device
• How your client interacts with the device
• How Vehicle interacts with the device
• Unit or Vehicle Failure Violation
• Proper operation and how it effects outcome/success
Unit ComponentsVehicle Module
•Replaceable mouthpiece•Long cord•Digital readout•Audible alerts
Hand Held
•Installed inside vehicle•Interface between vehicle and hand held•Detects tampers
INSTALLATION
• On average, the installation of the interlock device takes approximately 45 minutes.
• It can take up to 2 hours depending on sophistication of the vehicle electronics.
• Currently interlock devices cannot be installed on hybrids and newer vehicles are a little more difficult than older models.
What an Ignition Interlock Needs from a Vehicle
POWERPurpose: Keep unit activatedPower draw on battery
• 40 ml amps – when unit/vehicle off• 2.5 amps – when key is turned• 300 ml amps when vehicle is running• Typical Vehicle Battery can put out 850
amps at any one time
That Interlock
keeps draining my
battery!
What an Ignition Interlock Needs from a Vehicle
Starter/Ignition Purpose: Allow the vehicle to start
• Once a good sample is given a signal is sent to the Vehicle Module and the defendant is instructed to “Start the Vehicle”.
• A relay (bridge) is engaged in the Vehicle Module that allows the current to flow to the starter and ultimately the ignition.
• At that point the interlock’s job is done – it’s now all up to the vehicle.
This thing won’t allow my car to
start
The ignition interlock device must understand that the vehicle is still running by receiving a constant electronic pulse
A vehicle in good repair should provide a constant signal.
CONSTANT PULSE
SPORADIC PULSE I’m confused – pull over! The car must have been turned off and then on
again without giving a sample!
NOT A REPORTABLE EVENT
What an Ignition Interlock Needs from a Vehicle
Constant Signal
Cost
• Non-Camera Unit Fees• $75-100 Installation• $75-100 Deinstallation• $75-125 Final Report• $20 – 50 Recalibration Fee• $75-125 Monthly Rental Fee
• Camera Unit Fees• Same installation cost or slightly higher• $115 – 250 monthly rental fee
• Home monitoring device – $90-350 monthly rental
Driving Test
• Have Ignition Interlock device installed
• Make an appointment with a State certified driving test service
• Obtain a temporary permit for the SOS
• Take Driving Test
• Return to SOS with Installation certificates and driving test certification to receive restricted license.
DEFENDANT’S RESPONSIBILITIES
GIVE EVERY SAMPLE ASKED FOR
AVOID POSITIVE SAMPLES
HAVE DEVICE RECALIBRATED AT ALL SCHEDULED APPOINTMENTS
GIVING A SAMPLE
• Proper blow pattern• Proper breath pressure• Proper temperature• Proper timing
INVALID INVALID SAMPLESAMPLEBY ITSELF
NOT A REPORTABLE EVENT
NHTSA NHTSA StandardsStandards
NHTSA NHTSA StandardsStandards
The Secretary of State nor Provider are The Secretary of State nor Provider are allowed to modify the sample parameters allowed to modify the sample parameters or the device for any reason, including to or the device for any reason, including to accommodate a client's inability to provide accommodate a client's inability to provide a proper sample due to medical reasons.a proper sample due to medical reasons.
Sample Requirements
START UP
• No Time Limit
RANDOM ROLLING “RUNNING” RETEST Within 5 minutes of request While Running Just Prior to or after turning ignition off BeeBee
ppBeeBeepp BeeBee
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Mouth Alcohol• Mouth alcohol is residual alcohol that is present in the mouth or throat immediately following the consumption of food, drink, mouth spray or medicine that contains alcohol.
• Mouth alcohol can register on an interlock device as an alcohol-positive breath sample and can prevent the engine of the vehicle from starting.
This is easily overcome by waiting a few minutes to allow residual alcohol to dissipate, similar to an evidential breath test. Drivers are advised not to consume anything 5 minutes prior to providing a sample and/or to carry a bottle of water to rinse out.
The Biology of Alcohol
• All alcohol is drawn to H2O which is in every cell in the body.
• How we test for alcoholBloodUrinePerspirationDroplets of moisture in breath
Environmental Alcohol
• Toiletries administered in vehicle• Cleaning supplies• Open gasoline containers or on hands• Windshield wiper fluid• Other chemicals and other types of alcohol
Remedy – create an environment in vehicle that is clear of fumes. Wash with mild soap and water any contaminants on your person or clothing.
PROVIDERS’ RESPONSIBILITIES
To CustomerTo Customer• Necessary Documentation• Routine Download/Recalibration Appts.
• 60 days SOS• 30 days Court
• Advise on Appeals• Completion of Program
To Authorizing AgencyTo Authorizing Agency• Reportable Events• Data Logs and photos
Reportable Events• Skipped Retests - If not provided within 5 minutes
• Positive for Alcohol .025+BACFailed Start Up – if clean sample not provided within
15 minutesFailed Retest – if clean sample not provided within
5 minutes
• Missed Recalibration Appointment - By 7+ days
• Removal of Equipment without authorization
Remedy• No news is good news – don’t jump to conclusions
• Appeal any decision = go to all available appeals hearings
Reporting
• BAIID Report Form• Same form for all
reporting• Reporting is
cumulative even from prior installation or program
• Reportable Events – SOS makes determination
• Annual Report (formerly “Final Report”) on bottom
VIOLATION?
AdministrativeHearing Section
YOUR REVOCATION IS REINSTATED!
Appeals Hearing
LET’S TAKE A LOOK AT THIS
End of Program – Repeat Offender
• Must request another hearing (Form on line at michigan.gov/SOS)
• Same documentation needed as original hearing + Annual Report
• May have device de-installed when they receive approval letter
• If device is removed prior to authorization “Removal without Authorization” will be reported to the Secretary of State.
End of Program - HBAC
• HBAC must request an Authorization for Removal after their one year suspension is complete.
• Client mails in form (found on line) with other required documentation + Annual Report.
• Once the Authorization to Remove document has been received by the client they may contact the provider to set up an appointment for deinstallation.
• Restoration fee of $125 is payable at local Secretary of State office
New Technology - Camera
Camera Units Who is taking the test? Not currently required
by the Secretary of State but required by Courts
SAMPLE SUMMARY
GENERAL DOWNLOAD SUMMARYCOURT REPORTING
For the period of 04/22/2013 to 05/23/2013
Driver Name ***
License Number ***
Birth Date 1969-06-00
Vehicle 1996 Honda Accord
Tag Number **
VIN ***
Dealer MI Court 005
Vendor #
Next Scheduled Download 07/19/2013
ITEM CURRENT PERIOD PROGRAM TO DATE *
Monitoring Period (Days) 31 63
Engine On 107 224
Total BAC Tests 98 206
Pass 98 206
FAIL 0 0
VIOLATION 0 0
* As of 03/21/2013
New Technology – Daily Testing
• The offender will have the convenience of walking outside to their vehicle to provide their Preliminary Breath Test (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
Affordable Monitoring OptionCOURT SPECIFIES TESTING PERIODSCOURT SPECIFIES TESTING PERIODS
No Activity During No Activity During Specified PeriodSpecified Period
Who is taking the test?Who is taking the test?