Michigan (MI) - State Requirements for Ignition Interlock Devices
The Michigan Ignition Interlock Program
Michigan offenders will likely have their license suspended for a period of time following an OWI offense, but they can regain driving privileges if they are approved for a restricted license. To be approved, they must meet several criteria including installing an ignition interlock device. This penalty is typically enforced, even for first offenders. Some offenders can get back behind the wheel if they obtain a restricted license. A state-approved ignition interlock device is required, and Intoxalock meets all of Michigan’s criteria.
What Happens if I Get an OWI in Michigan?
The legal BAC (blood alcohol content) limit in Michigan is .08 percent. Any offender who is found driving with a BAC at or above that limit risks several penalties. These penalties include jail time, fines, and administrative penalties like license suspension. Penalties increase for second offenders, particularly if the offense is within seven years of the first. They risk up to a year in jail and 30 to 90 days of community service. Their driver’s license can be revoked for up to a year, and their license plate may be confiscated. Offenders could have their vehicle immobilized for up to 180 days or even forfeited.
First OWI Offense
- Up to 93 days in jail
- 360 hours of community service
- Fine up to $500
- License restricted for 150 days or more
- License plate may be confiscated
- Six points added to the offender’s driving record
- Ignition interlock may be required to regain license
Second OWI Offense
- Five days to one year in jail
- 30-90 days of community service
- Must pay between $200-$1,000 in fines
- Suspension of driver’s license for one year
- Car immobilized for 90-180 days
- License plate may be confiscated
- Four points added to the offender’s driving record
- Interlock required to regain license
Third OWI Offense
- One to five years in jail, or probation with 30 days to one year in jail
- 60-180 days of community service
- Driver’s license revoked for at least one year (likely more, especially if the offense is the third within 10 years)
- $500 to $5,000 in fines
- Car immobilized for one to three years
- Six points added to the offender’s driving record
- Interlock required during suspension and treatment (and possibly longer)
If the incidents involve an elevated blood alcohol content, .17 percent or higher, there may be harsher penalties. There are also harsher penalties applied to offenders who cause injury, death, or property damage during the alcohol-related driving incident.
What Happens if I Fail to Complete or Refuse to Submit to an OWI Test in Michigan?
There are still consequences for offenders who refuse a chemical or breath test to determine their BAC. The consequences are similar to those faced by offenders found to have a blood alcohol content above the legal BAC limit in Michigan. They include:
- Six points added to the offender’s driving record
- License suspended for one year (on the first offense)
- License suspended for two years if it is the second offense and test refusal within seven years
- Repeat offenders are not allowed a hardship appeals process in circuit court for this scenario
How Do I Regain Driving Privileges in Michigan?
Some OWI offenders may be able to regain their driving privileges if they install an ignition interlock and are approved for a restricted license. The ignition interlock is required and may be required beyond the suspension period by the court. To qualify, offenders must:
- Install an IID from a trusted provider like Intoxalock
- Submit all appropriate paperwork to the court
- Pay all fees, serve any jail time
- Serve the required portion of their suspension
- Provide proof of SR-22 insurance