Drivers who are on restricted licenses may have specific Michigan interlock rules to follow before they can get their licenses fully restored. One is the use of an ignition interlock device, which would be applicable if a driver’s license was revoked due to a drunken driving conviction. Drivers may also have questions regarding how Michigan’s interlock device rules compare with those of other states.
In nearly any situation, drivers are responsible for knowing applicable laws in every state, whether it’s the speed limits, which lane to travel on, or how to use the ignition interlock devices.
For that reason, here’s a glimpse of how widely the rules may vary from state to state.
How the Michigan Interlock rules and Regulations Compare with Other States’ Rules
Drunken driving penalties vary widely depending on factors including how many times the driver was convicted of drunken driving, the level of intoxication, if the driver is a parent of a minor, and if someone was injured or killed in a related crash.
As for the use of ignition interlock devices from state to state, most of the rules are similar, but the difference is in the details.
Currently, the states’ laws in general are as follows:
- Thirty states and the District of Columbia have laws requiring all offenders, including first-time offenders, to install ignition interlock devices.
- Florida, Michigan, Minnesota, North Carolina, Pennsylvania, Rhode Island, South Carolina, and Wyoming require high BAC offenders and repeat offenders to install ignition interlock devices.
- Georgia, Ohio, Massachusetts, Maine, and Missouri require only repeat offenders to install the devices.
- California, Indiana, Nevada, North Dakota, Montana, South Dakota, and Wisconsin do not have statewide requirements, but judges can use their discretion to order offenders to use one if necessary.
According to Michigan interlock rules, a person who has had a license revoked for any drunken driving offense may, after the mandatory revocation period, be issued a restricted license instead of full driving privileges. If a restricted license is issued, the driver is limited to operating motor vehicles that are equipped with an ignition interlock device. The device must be used for at least one year.
The devices are not required after a first offense, but they would be if the driver’s BAC was 0.17 or higher, considered a “high BAC.”
For comparison, following are the Michigan interlock rules compared to several other states, as noted on the National Conference of State Legislatures website.
Alabama
First-time offenders with .08 to .14 blood-alcohol levels must use the interlock for six months, with more stringent penalties set for drivers who had high BAC levels.
Arizona
The state of Arizona, which has some of the strictest overall drunken driving penalties in the country, requires those convicted of a first DUI to use the ignition interlock devices for one year after the suspension/revocation period.
Colorado
An offender’s license would be revoked for nine months, with the option after one month to install an ignition interlock device and receive a limited license. A person who had a BAC of 0.17 or higher must use an ignition interlock for at least one year.
Delaware
All drivers convicted of a DUI must participate in the ignition interlock device program. If the original license revocation was for 12 months, the driver must participate in the program for 14 months. The duration would be extended if the revocation was for a longer period.
Hawaii
A driver’s license would be revoked for one year after a first offense, and an ignition interlock device must be installed during the revocation period.
Kansas
For a first offense and a BAC over 0.08, drivers would receive a 30-day suspension followed by six months of ignition interlock device use. If the driver had three or more prior traffic violations, not necessarily related to drunken driving, he or she would have to use the device for 12 months. If the BAC was over 0.15, which is considered a high BAC in several states, the driver’s license would be suspended for one year.
Louisiana
For a first offense, the offender must use an ignition interlock device and will be on a restricted license. A first offense with a BAC of 0.20 or higher results in suspension for at least 2 years, but a restricted license may be granted during the entire period of suspension as long as the device is used.
Mississippi
A driver’s license would be suspended for 90 days after a first offense, and the individual must attend an alcohol safety education program. Alternatively, the license would be suspended for 30 days and the driver would use an ignition interlock device for 90 days after the 30 days are over.
New Hampshire
The device must be used after any DWI-related license suspension or revocation.
New Mexico
As a condition of probation, any drivers convicted of a first-time DUI offense must use the device for one year.
New York
All individuals convicted of a first DUI must use the device during the period of license revocation or a minimum of six months.
Oregon
First-time offenders must use the device for one year after the end of the license suspension or revocation period.
South Carolina
Similar to Michigan’s interlock device rules, the devices are required to be used for repeat offenses or for a first offense with a high BAC. In Michigan, a high BAC is 0.17 or higher, but in South Carolina, a high BAC is 0.15 or higher.
Texas
The driver must use the device for the period of the license suspension, or the driver can choose a hard suspension with no interlock. A hard suspension means that the driver cannot drive for any reason, possibly with certain exceptions such as in the case of a medical emergency.
West Virginia
After a DUI, an individual must participate in the state’s Alcohol Test and Lock Program (ATLP). For first offenders with a BAC of less than 0.15, an ignition interlock device must be used for at least 125 days. Drivers with a high BAC must use the device for at least 275 days.
For more information about Michigan’s interlock device rules or any of the other restrictions that may be placed on a limited license, please send me a message online or call my office. I will respond as soon as possible.