Michigan Since October 2010, Michigan requires the use of ignition interlocks for all repeat and for first-time offenders with a blood alcohol concentration (BAC) of .17 or greater – more than twice the legal limit. From 2006 to 2020 in Michigan, interlocks stopped 32,223 attempts to drive drunk with a BAC of .08 or greater, including 1,945 attempts to drive drunk in 2020.
Grade: F (11/100) Michigan is one of 16 states without an all-offender ignition interlock law. The state has not made any improvements to the interlock law in over a decade.
Why does MADD not call the law all-offender? Interlocks are not required for all first-time offenders.
Process to obtain an ignition interlock 1. A person submits documents for appeal to the Michigan Driver Appeal and Assessment Division of the Secretary of State so their license can be restored. 2. Schedule an appointment, upon approval, to have interlock installed. 3. Visit a local Secretary of State branch office and submit proof of installation. 4. Complete any pending court regulations. Ignition Interlock Law Overview and MADD Legislative Recommendations
Duration on ignition interlock
How soon can an ignition interlock be installed?
Legislative Recommendation Require interlocks for all convicted drunk drivers. Eliminate any waiting period for a person before he or she installs an interlock. Allow for the use of interlocks for refusals.
First offense .17 BAC or greater Second offense
45 days after conviction 1 year
1 year
45 days after conviction
First refusal
Interlocks not available for refusals
Can a drunk driver wait out an interlock order?
Yes
Legislative Recommendation
Any person who has a license suspended for a drunk driving offense, must use an ignition interlock for at least six months before obtaining a non-interlock driver's license.
Compliance based removal? Yes If the interlock records 3 start-up test failures in a monitoring period, or 1 rolling retest failure, or if it detects tampering, the vehicle must be taken to a service center immediately. Test failures, tampering, or other interlock related violations will result in an extension of the time before the driver can ask for another driver license appeal hearing, or may require
that the original license revocation/denial be reinstated. Day-for-Day credit for early installation? No Legislative Recommendation Interlocks required for plea agreements or diversion?
Allow for the use of ignition interlock after arrest and credit early installation of an interlock toward time ordered on an interlock upon conviction.
No
Allow a first-time apprehended drunk driver who did not cause an injury or property damage crash, and successfully completes six continuous months on an ignition interlock and completes other court or department conditions to be granted a plea deal.
Legislative Recommendation
Affordability program? Yes Low income persons to pay a maximum of $2.00 per day. To qualify for this reduced fee, a person’s gross income for the previous tax year must be less than 150% of the current federal poverty guidelines. A copy of the Michigan state income tax form filed for the previous year will be required to verify gross income. A person contacts the interlock vendor for more details to determine if the he or she qualifies for the reduced fee. Sources: §257.322(6), (7), (8) and (9), §257.625 (24), Michigan Secretary of State.
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