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

Documentation

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.

Annual Report

End of Program – Repeat Offender

Sample Approval Sample Approval LettersLetters

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?

THANK YOU FOR YOURATTENDANCE

QUESTIONS & ANSWERS

SIGN UP FOR PERSONAL SEMINAR AT YOUR COURT OR FIRM

ONE ON ONE WITH PRESENTER

SEMINARCONCLUSION