Courts must order vehicle immobilization for the offending vehicle if the repeat offender is convicted of a drunk driving offense under MCL 257.625, or Manslaughter, Murder, or Negligent Homicide with a vehicle. Immobilization must also be ordered if the repeat offender is convicted of a moving violation with two prior mandatory additional suspensions/revocations. Note that a conviction for DWLS is not required. Immobilization is required if the offender has any ownership interest in the vehicle. If the offender has no ownership interest in the vehicle, then it must be shown that the owner knowingly allowed the offender to operate the vehicle while intoxicated or while his or her license was suspended/revoked before immobilization will be ordered.
Court procedures may vary, but generally speaking, the offender is ordered to have the vehicle immobilized and return proof of immobilization to the court. Offenders may be held in contempt for failure to comply, subject to probation violation charges, or their vehicles may be subject to forfeiture. Persons subject to immobilization may not transfer the vehicle to a family member defined as a person who is not subject to payment of use tax (under Section 3 of the Use Tax Act, 1937 PA 94, as amended; MCL 205.93). Offenders may sell the vehicle to another person, but are prohibited from purchasing or leasing another vehicle. Such purchase or lease is a 93-day misdemeanor.
Immobilization periods range from permissive for a first offense drunk driving to one to three years for a third drunk driving or fifth moving violation with prior mandatory additional suspensions/revocations. All periods of immobilization start after any period of imprisonment.
- For a first alcohol-related conviction - up to 180 days
- For a second alcohol-related conviction - 90 to 180 days
- For a third or more alcohol-related conviction - 1 to 3 years
- For a second violation of a suspension/revocation - up to 180 days
- For a third or fourth violation of a suspension/revocation - 90 to 180 days
- For a fifth violation of a suspension/revocation - 1 to 3 years
When vehicle immobilization is ordered, the Secretary of State files are updated with information from the sentencing abstract received from the Court. Therefore, LEIN checks will verify whether a vehicle is subject to immobilization. If a vehicle subject to immobilization is stopped, officers must impound the vehicle and notify the court. The court will then issue an order directing disposition of the vehicle.