What happens after I get my DUI?
Michigan law states that, for a first offense with a high blood alcohol content, your consequences will be as follows:
- Up to 180 days in jail
- A fine of $200-700
- Up to 360 hours of community service
- A one-year license suspension. (In this instance, the Michigan Secretary of State may issue a restricted license 45 days after the suspension starts if a person is otherwise eligible. Proof of installation of an Ignition Interlock Device is required before a restricted license will be issued.)
- A restricted license will permit you to operate a vehicle equipped with an Ignition Interlock Device (IID) under the following circumstances:
– to and from residence and employment and during employment
– to and from alcohol or drug education or treatment programs
– to and from regularly scheduled treatment for serious medical conditions
– to and from probation, community service and school
If you have two or more convictions of drunk or drugged driving in the last seven years, or if you have three or more convictions within 10 years, the law considers you a habitual offender. In this case, the Secretary of State is required to revoke your license and deny your application for another license. After the minimum period of revocation/denial, you may be eligible for a driver’s license application appeal hearing. If a restricted license is ordered, the hearing officer must require that you install a breath alcohol Ignition Interlock Device (BAIID) on any vehicle you own or operate. If this happens, you cannot drive until the BAIID is properly installed and proof of installation is presented to a local Secretary of State branch office.
Beginning October 31, 2010, Michigan law states that anyone with a restricted license who requires a BAIID must continue to drive with the device until the Secretary of State authorizes him/her to remove it.
What do I need to bring to my installation?
Once you have scheduled your breath alcohol Ignition Interlock Device (BAIID) installation with Smart Start, you will need to bring the following to your BAIID installation appointment:
- Driver’s license or state-issued ID
- A copy of your court order (if applicable)
- Payment for your first month’s lease and installation
What should I bring back to my State authority after my device is installed?
Smart Start Michigan will provide you with a BAIID Installation Form that you will either provide to the ordering Sobriety Court or, if you are not under the supervision of a Sobriety Court, take to your local Secretary of State (SOS) Branch Office.
How do I know if Smart Start’s devices are compliant with my program?
Smart Start Michigan’s devices are compliant with all state and federal requirements, and we are certified as a provider of the installation and service of breath alcohol Ignition Interlock Devices (BAIIDs) in the state of Michigan. Our devices are tested and certified to meet the standards set by the National Highway Traffic Safety Administration (NHTSA).
What happens if I violate?
In the state of Michigan, violations of the BAIID program for habitual offenders are divided into “minor” and “major” categories. You have two months after the breath alcohol Ignition Interlock Device (BAIID) is installed to become familiar with the device, and to learn that certain substances like mouthwash may cause the device to record a test failure. After the first two months, you incur a minor violation if the BAIID records 3 start-up test failures within a monitoring period. A start-up test failure means the BAIID has prevented the vehicle from starting due to alcohol content in the breath sample. A monitoring period is the full length of time the BAIID is required to be properly installed. If you fail to report to a Smart Start service center for servicing/calibration within seven days after your scheduled monitoring date, that will also count as a minor violation. Minor violations will result in a three-month extension of the time before you may request another license appeal hearing.
Any and all of the following may be considered major violations:
- Rolling retest violation:
- Failing to take the rolling retest when prompted by the BAIID; or
- A random retest that detects a BrAC of .025 or higher, with no subsequent sample with a BAC of less than .025 within five (5) minutes
- An arrest or conviction for drunk and/or drugged driving
- Tampering with the BAIID
- Circumventing the BAIID
- Three minor violations within a monitoring period
- Removing the BAIID without having another breath alcohol Ignition Interlock Device installed within seven days, unless the Michigan Secretary of State has authorized the removal
- Operating a vehicle without a properly installed BAIID
Major violations will result in the immediate reinstatement of your original driver license revocation/denial. You may appeal that action to the Administrative Hearings Section. The appeal must be in writing, and must be submitted within 14 days after the effective date of the reinstatement.
BAIID REQUIRED FOR AN OFFENDER WITH A HIGH BAC:
If you decide that you want the restricted license, you will have two months after the breath alcohol Ignition Interlock Device (BAIID) is installed to become familiar with the device, and to learn that certain substances like mouthwash may cause the device to record a start-up test failure. After the first two months, any instance of a .025 or higher BAC reading will result in another one-year suspension. However, any rolling retest failure will result in an additional one-year suspension of your driver’s license. You may be eligible for another restricted license after serving 45 days of suspension if a BAIID is properly installed on every vehicle you operate.
A violation report is sent into the state department, and the department will determine how to proceed. All receipts for any service or any other documentation should be provided to Smart Start immediately after you obtain it.
How often does my IID need to be serviced?
Michigan state law requires that you service your breath alcohol Ignition Interlock Device (BAIID) every 60 days.
How do the consequences differ for a first and second DUI? Third? Fourth?
Michigan law states that, for a first offense with a high blood alcohol content, your consequences will be as follows:
- Up to 180 days in jail
- A fine of $200-700
- Up to 360 hours of community service
- A one-year license suspension. (In this instance, the Michigan Secretary of State may issue a restricted license 45 days after the suspension starts if a person is otherwise eligible. Proof of installation of an Ignition Interlock Device is required before a restricted license will be issued.)
- A restricted license will permit you to operate a vehicle equipped with an Ignition Interlock Device (IID) under the following circumstances:
– to and from residence and employment and during employment
– to and from alcohol or drug education or treatment programs
– to and from regularly scheduled treatment for serious medical conditions
– to and from probation, community service and school
If you have two or more convictions of drunk or drugged driving in the last seven years, or if you have three or more convictions within 10 years, the law considers you a habitual offender. In this case, the Secretary of State is required to revoke your license and deny your application for another license. After the minimum period of revocation/denial, you may be eligible for a driver’s license application appeal hearing. If a restricted license is ordered, the hearing officer must require that you install a breath alcohol Ignition Interlock Device (BAIID) on any vehicle you own or operate. If this happens, you cannot drive until the BAIID is properly installed and proof of installation is presented to a local Secretary of State branch office.
HOWEVER, this list is not a comprehensive representation of all programs and consequences. Laws and consequences are subject to change. For a more detailed summation of consequences, please visit http://www.michigan.gov.
What do I need for removal?
In order to remove your breath alcohol Ignition Interlock Device (BAIID), you must obtain approval from the Administrative Hearings Section of the Michigan Secretary of State.
If you are a high BAC offender, you will be eligible to ask for permission to remove the BAIID one year after the beginning of your original license suspension—provided that you have not violated the terms of your driver’s license restrictions. You must include a report from Smart Start to the Administrative Hearings Section with your request for authorization to remove the BAIID. Your request may be approved if there are NONE of the following:
- Instances of BAIID test samples with a BAC of .025 or higher
- Convictions for operating a vehicle without a properly installed BAIID
- Evidence of tampering with or circumventing the BAIID
If your request is approved, you must take your Order Authorizing BAIID Removal to your nearest Smart Start Michigan service center before the device can be removed.
If you are a repeat offender and a hearing officer orders a restricted license for you with a breath alcohol Ignition Interlock Device (BAIID) requirement, you must drive under the restrictions with a properly installed BAIID for at least one full year. If there are alcohol readings or other BAIID violations after the device is installed, Smart Start will report them to the Michigan Secretary of State. As indicated before, the possible consequences of those reports may include an extension of the time before you can request another license appeal hearing or the reinstatement of the original license revocation/denial. When you are eligible, you may request a license appeal hearing to ask that the restrictions be removed from your license. At that hearing, you must present the Smart Start report to prove that the BAIID was installed for at least the minimum required length of time and to establish whether there were any alcohol readings or other BAIID violations.
If your hearing was held, or your restricted license that requires a BAIID was issued on or after October 31, 2010, you must keep the device on your vehicle until the Michigan Secretary of State authorizes you to remove it.
What if I have a requirement, but I don’t own a vehicle?
Michigan state law says that you must install a breath alcohol Ignition Interlock Device (BAIID) on any vehicle that you intend to drive during your restriction. You do not have to own a vehicle for the law to dictate that you need a BAIID installed.
Do I need the device on all of my vehicles?
Michigan state law requires that you install a breath alcohol Ignition Interlock Device (BAIID) on any vehicle that you intend to drive during your restriction.
Where can I go for service? Anywhere, or just within my state?
Michigan law states that you must install the breath alcohol Ignition Interlock Device (BAIID) in the state of Michigan and you must be serviced inside the state of Michigan. There is a Hardship Form that you can fill out and provide to Smart Start to possibly obtain approval to service outside of the state.
What constitutes a violation in my state?
In the state of Michigan, violations of the BAIID program for habitual offenders are divided into “minor” and “major” categories. You have two months after the breath alcohol Ignition Interlock Device (BAIID) is installed to become familiar with the device, and to learn that certain substances like mouthwash may cause the device to record a test failure. After the first two months, you incur a minor violation if the BAIID records 3 start-up test failures within a monitoring period. A start-up test failure means the BAIID has prevented the vehicle from starting due to alcohol content in the breath sample. A monitoring period is the full length of time the BAIID is required to be properly installed. If you fail to report to a Smart Start service center for servicing/calibration within seven days after your scheduled monitoring date, that will also count as a minor violation. Minor violations will result in a three-month extension of the time before you may request another license appeal hearing.
Any and all of the following may be considered major violations:
- Rolling retest violation:
- Failing to take the rolling retest when prompted by the BAIID; or
- A random retest that detects a BrAC of .025 or higher, with no subsequent sample with a BAC of less than .025 within five (5) minutes
- An arrest or conviction for drunk and/or drugged driving
- Tampering with the BAIID
- Circumventing the BAIID
- Three minor violations within a monitoring period
- Removing the BAIID without having another breath alcohol Ignition Interlock Device installed within seven days, unless the Michigan Secretary of State has authorized the removal
- Operating a vehicle without a properly installed BAIID
Major violations will result in the immediate reinstatement of your original driver license revocation/denial. You may appeal that action to the Administrative Hearings Section. The appeal must be in writing, and must be submitted within 14 days after the effective date of the reinstatement.
BAIID REQUIRED FOR AN OFFENDER WITH A HIGH BAC:
If you decide that you want the restricted license, you will have two months after the breath alcohol Ignition Interlock Device (BAIID) is installed to become familiar with the device, and to learn that certain substances like mouthwash may cause the device to record a start-up test failure. After the first two months, any instance of a .025 or higher BAC reading will result in another one-year suspension. However, any rolling retest failure will result in an additional one-year suspension of your driver’s license.
What do I need to do to install voluntarily?
To install an Ignition Interlock Device (IID) on your vehicle or a family member’s vehicle voluntarily, click the chat window below, fill out our online form, or call Smart Start at 800.831.3299 to speak with one of our customer care advocates and schedule a voluntary installation appointment. You may also be required to pay a security deposit.
How do I know if I need a camera/GPS/etc.?
The state of Michigan requires a camera with all breath alcohol Ignition Interlock Devices (BAIIDs). A Michigan court may have additional requirements, so be sure to check with your court.
Where does installation fall based on my condition? (i.e. when can I install the ignition interlock so that my time counts towards my requirement?)
The appropriate time of installation is determined by the state department or your supervising court. There is a minimum 45-day hard suspension where you will not be allowed to drive.
Does the camera watch me all the time?
No, the camera only takes a picture when you are asked to provide a breath sample, when you start the car, or when you incur a violation. The camera does not take vides, and there is no live streaming,
How do I know who my State authority is?
In the state of Michigan, the Administrative Hearing Section is the department of state that oversees the BAIID program. You may also have the addition of a court if you are under the supervision of a court.
How do I know what my state requires in an Ignition Interlock Device?
The state of Michigan requires that every breath alcohol Ignition Interlock Device (BAIID) be installed with a compatible camera. Smart Start is an approved, certified breath alcohol Ignition Interlock Device provider in the state of Michigan, so you can be sure that all of our devices meet any necessary state and federal regulations. For a more comprehensive list of state requirements for an Ignition Interlock Device, please see http://www.Michigan.gov.
How can I pay for calibration?
You can pay for your calibration at the time of service at the Smart Start Michigan service center via any form of payment except personal checks. If necessary, you can call 1-888-234-0198 to post payment.
Where do I send a record of my service appointments?
Smart Start of Michigan will automatically send a record of your service appointments to your State authority on your behalf at no extra charge to you.
Does this thing hurt my vehicle?
No, the BAIID does not hurt the vehicle in any way.
Can I get one on my motorcycle?
Motorcycle breath alcohol Ignition Interlock Device (BAIID) installation laws differ by state. Smart Start operates throughout the U.S. as a certified manufacturer and will work harder than other companies to provide you a seamless Interlock program that still follows your case requirements in the state of Michigan. Please call our Customer Care Center at 800-831-3299 if you have any questions.
Is the Ignition Interlock Device connected to my horn and lights?
The state of Michigan does not require that your BAIID be connected to your horn and lights, but those connections can be made upon request.