Repeat Offender Laws

Michigan's Repeat Offender laws are designed to get tough with drivers who repeatedly drive drunk or drive while on a suspended license. Under the laws, you are a Repeat Offender if you have:

• Two or more alcohol-related convictions within seven years.
• Three or more convictions for driving while your license is suspended or revoked in seven years, resulting in mandatory additional suspensions or revocations.
• Three or more alcohol-related convictions within 10 years.

Penalties Under the Repeat Offender Laws

If you are arrested as a repeat offender, the law-enforcement officer will destroy the metal license plate of the vehicle you are driving, whether you own the vehicle or not. A temporary paper license plate will be issued allowing the vehicle to be legally driven. A new metal license plate cannot be issued until your case is resolved in court. Sanctions under the Repeat Offender laws include additional driver license suspensions or revocations, metal license plate confiscation, vehicle immobilization or forfeiture, registration denial, the use of ignition interlock devices, and mandatory substance abuse treatment. Repeat Offenders who cause an accident resulting in a long-term injury or death are charged with a felony and face thousands of dollars in fines and years in jail in addition to other penalties.

Registration denial includes any vehicles that are registered, co-registered, leased, or co-leased. During registration denial, it is a crime to attempt to purchase, lease, or obtain a vehicle. Unless a court order is requested and issued, you may not transfer a vehicle's registration to any family member if that vehicle is carrying a temporary plate, is immobilized, forfeited, or subject to registration denial. Registration denial continues until you are eligible for relicensing.

Criminal Sentencing/Administrative Consequences - Alcohol Convictions and Driving While License Suspended

A Guide to Ignition Interlock Devices

Ignition Interlock: What you should know

THE LAW:

After a habitual drunk driver has served the minimum period of revocation/denial, he or she may be eligible for a Driver License Appeal hearing.  If the hearing is held after October 1, 1999, and the person is authorized for a restricted license, the hearing officer must order the installation of an ignition interlock device in any vehicle the person intends to operate.  The interlock device must be installed for the first year of license restrictions.  The person cannot drive until after the interlock device has been installed on the vehicle and proof of installation has been submitted to a local branch office of the Secretary of State. 

HOW IT WORKS:

An ignition interlock system, referred to as Breath Alcohol Ignition Interlock Device (BAIID) is a breath alcohol analyzer with computer logic and internal memory that interconnects with the ignition and other control systems of a motor vehicle. The purpose of the BAIID is to measure the bodily alcohol concentration (BAC) of an intended driver and to prevent the motor vehicle from being started if the BAC exceeds the .025. The offender can only drive in a vehicle with an ignition interlock device installed. The device will ask for random retests while driving. If you acquire three startup test violations within a monitoring period, or one rolling retest failure, or the device detects tampering, the device will require the instrument to be brought in immediately or will lock out the driver from further operation. These test violations will result in further extensions of the one year period or the reinstatement of the original order of revocation/denial.

If you have ANY questions concerning the ignition interlock device installed in your vehicle, ask your installer. Make sure you understand how this device operates before you leave the installer's premises as you will be responsible for the consequences of the device's operation.

COST:

The state does not regulate the cost of ignition interlock devices. However, the Legislature did limit the amount that can be charged to people on low-incomes to a maximum of $1 per day. In order to qualify for this reduced fee your income must fall below 150% of the current Poverty Guidelines of the U.S. Secretary of Health and Human Services. To determine if you may qualify, see your vendor for details. The state law does require copies of the previous years filed State Income Tax forms for verification.

FINAL REPORT:

You must drive with an Ignition Interlock installed on your vehicle and a valid drivers license for at least 1 full year. You may then petition the Drivers Assessment and Appeal Division (DAAD) for a hearing. At that hearing you must present your final report(s) issued by your provider(s) to establish the mandatory minimum length of installation required by law.

TROUBLESHOOTING:

If you experience a question or problem that is not covered in your written materials from the vendor, you should first call your vendor's toll free phone number, unless directed differently by the vendor. If the vendor is unable to help you, then you may contact DAAD. You have the option to change vendors if you choose, but you must have a new device installed within 7 days of removal of the previous one, you are subject to all fees as outlined in your contract with the vendors, you will also need a final report from each vendor to submit at your next DAAD hearing, and you must send your new installation certificate to DAAD. It is to your benefit to keep a notebook and log any problems you encounter, along with all phone calls you make with as much detail information as possible. You should also keep copies of all documents for your own files. If you have a complaint against a vendor, please submit it to DAAD in writing at: Department of State, Driver Assessment and Appeal Division, P.O. Box 30196, Lansing, MI 48909-7696.

LOCATION OF SERVICE CENTERS:

Providers who wish to install interlock devices must have a statewide network of service locations which are located within 50 miles (one way) of each driver. In cases where a driver lives more than 50 miles from a service center, the interlock company may use a mobile unit to travel to a location within 50 miles of a driver.

HOW DO I GET AN IGNITION INTERLOCK DEVICE INSTALLED?

You must use a Vendor and device that has been certified by the State of Michigan. Your DAAD order/authorization will include the most current list of certified vendors, or click on following link

> List of Vendors

> or you may call ou Information Center at 1-888-SOS-MICH (1-888-767-6424) .

The State of Michigan and/or their employees do not endorse or recommend vendors. Each vendor is a commercially operated company that has been approved by the State of Michigan according to MCL 257.625(k) and (l). Rates and policies may vary.

VIOLATIONS OF IGNITION INTERLOCK:

Violations of the interlock program are divided into "major" and "minor" violations.

Minor violations include:

1. Two months or more after the BAIID is installed, 3 start-up test failures (BAIID prevented vehicle from starting) occur within a monitoring period.
2. The petitioner fails to report to the BAIID installer for monitoring within 7 days after his/her scheduled monitoring date.

Major violations include:

1. A rolling retest violation (the random retest detects your BAC at 0.04 or more while driving) with no subsequent sample less than 0.04 within 5 minutes.
2. A §625g permit is issued.
3. Receives a §625l conviction (crimes for tampering with the device).
4. Reported of tampering or circumventing or attempts to tamper or circumvent without a conviction.
5. Three minor violations within a monitoring period.
6. BAIID is removed and not installed in another vehicle within 7 days.

CONSEQUENCES OF A VIOLATION:

Minor violations will result in a three month BAIID extension, making persons ineligible for a hearing at the end of the original one-year requirement. Major violations will result in an immediate reinstatement of the revocation/denial subject to an administrative hearing.

DAAD 070 (Revised April 7, 2003)

Related Links:

> A Guide to Ignition Interlock Devices (PDF Format)

> List of Vendors

> Driver License Appeal Practice Manual