Breath Alcohol Ignition Interlock Device (BAIID)
According to the Michigan Driver License Appeal Practice Manual, MCL 257.322 requires that following a hearing held after October 1, 1999, if a Hearing Officer grants a restricted license, it shall include a requirement that an ignition interlock be installed in any vehicle the petitioner intends to drive. The restriction will also be reflected on the master driving record (MDR), as follows:
“MAY ONLY OPERATE VEHICLE EQUIPPED WITH INTERLOCK DEVICE FOR 1-YEAR FROM DATE OF RESTRICTION. ORIGINAL ACTION REINSTATED FOR VIOLATION.”
A list of interlock installers is provided in the Appeal Order. Before the restricted license is issued, petitioners must present the certificate of installation at any Secretary of State branch office.
Any restricted license issued after an appeal hearing October 1, 1999, must include an ignition-interlock restriction. Unless otherwise stated, the restrictions, if granted, are indefinite, but the interlock requirement will automatically expire at the end of one-year from the date the restricted license is issued at the Secretary of State branch office or for a longer period if it is extended for violations. If a petitioner intends to drive a company vehicle, notice will be sent to the employer advising them that an ignition interlock device must be installed on any vehicle the employee drives. A BAIID final report is required at the petitioner’s next Driver License Appeal Hearing.
Violations of the ignition interlock program are divided into “major” and “minor” violations. Minor violations result in a three-month BAIID extension, making persons ineligible for a hearing at the end of the original one-year requirement. Major violations result in a reinstatement of the revoked/denied status, subject to an appeal hearing.
Major violations include:
A rolling re-test failure. (This is a random test required while driving.)
Section 625g permit issued.
Section 625l convictions. (These are crimes for tampering or circumventing the device.)
Reports of tampering or attempts to tamper or circumvent without a conviction.
Three minor violations within a monitoring period.
Removal of a BAIID except when it is re-installed within seven days. (The new certificate of installation must be filed with the Driver Assessment and Appeal Division at PO Box 30196, Lansing MI 48909-7696.)
Minor violations include:
Two months after the BAIID is installed, three start-up test failures or lockouts within a monitoring period.
Failure to report to the installer for monitoring.
The Rules allow Hearing Officers to give credit for time served if there is a break in the one-year requirement period.
Providers shall submit violation reports to the Department. A final report will be prepared by providers and given to the petitioner to take to their Driver License Appeal hearing for review. This is important, as Hearing Officers will be looking for proof that the operator had the BAIID device installed for the minimum year required by Statute.