Transcript 1I_Compton.ppt

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 1999
 to address inconsistencies in court licensing
sanctions
 Introduced comprehensive ignition interlock
requirements
 Transferred 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 combinations
of drunk or drugged driving convictions, the
law 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 Reinstatement
Repeat 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 Reinstatement
Repeat 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
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, 2009
The 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.
HBAC
• 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
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 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
Form MC 393
Court Interacts Directly
with Secretary of State
COMPLETION
NON COMPLIANCE
Provider Also Reports
Violations
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 Components
Hand Held
•Replaceable mouthpiece
•Long cord
•Digital readout
•Audible alerts
Vehicle Module
•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
POWER
Purpose: Keep unit activated
Power 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
What an Ignition Interlock Needs from a Vehicle
Constant Signal
The ignition interlock device must understand that the vehicle
is still running by receiving a constant electronic pulse
CONSTANT PULSE
SPORADIC PULSE
A vehicle in good repair should provide a
constant signal.
I’m confused – pull
over! The car must
have been turned off
and then on again
without giving a
sample!
NOT A REPORTABLE EVENT
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
NHTSA
Standards
INVALID SAMPLE
BY ITSELF
NOT A REPORTABLE EVENT
The Secretary of State nor Provider are allowed
to modify the sample parameters or the device
for any reason, including to accommodate a
client's inability to provide 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
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 alcoholpositive 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 alcohol
Blood
Urine
Perspiration
Droplets 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 Customer
• Necessary Documentation
• Routine Download/Recalibration Appts.
• 60 days SOS
• 30 days Court
• Advise on Appeals
• Completion of Program
To Authorizing Agency
• Reportable Events
• Data Logs and photos
Reportable Events
• Skipped Retests - If not provided within 5 minutes
• Positive for Alcohol .025+BAC
Failed Start Up – if clean sample not provided within 15
minutes
Failed 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?
Administrative
Hearing Section
Appeals Hearing
YOUR REVOCATION IS
REINSTATED!
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 Letters
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 SUMMARY
COURT 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 Option
COURT SPECIFIES TESTING PERIODS
No Activity During
Specified Period
Who is taking the test?
SEMINAR
CONCLUSION
THANK YOU FOR YOUR
ATTENDANCE
QUESTIONS & ANSWERS
SIGN UP FOR PERSONAL
SEMINAR AT YOUR COURT
OR FIRM
ONE ON ONE WITH
PRESENTER