The Fourth Amendment was established to protect individuals from unreasonable searches and seizures, yet there are exceptions.In Michigan, understanding the concepts of search and seizure, particularly regarding consent and plain view, is crucial for both law...
Ignition Interlock Devices – What you should know
Ignition interlock devices (IIDs) are becoming increasingly common in the state of Michigan. An IID is a device that is installed in a vehicle and prevents the engine from starting unless the driver blows a breathalyzer test and their blood alcohol content (BAC) is below a certain limit.
When is an IID required in Michigan?
An IID is required in Michigan for the following offenses:
- First-time DUI conviction with a BAC of 0.17% or higher
- Second or subsequent DUI conviction
- Driving with a minor in the vehicle while under the influence of alcohol
An IID may also be required as a condition of probation for other alcohol-related offenses.
How does an IID work?
An IID is typically installed under the steering wheel of a vehicle. When the driver wants to start the engine, they must blow into a tube attached to the device. The device will then analyze the driver’s breath for alcohol. If the driver’s BAC is below the preset limit, the engine will start. If the driver’s BAC is above the limit, the engine will not start and the driver will be unable to drive.
In addition to preventing the engine from starting, IIDs also require drivers to provide rolling retests while driving. This means that the device will randomly prompt the driver to blow into the tube at different times during the trip. If the driver fails a rolling retest, the engine will shut off and the driver will be unable to restart it.
How long do I have to use an IID?
The length of time that a driver is required to use an IID depends on the offense. For a first-time DUI conviction with a BAC of 0.17% or higher, the IID requirement is six months. For a second or subsequent DUI conviction, the IID requirement is one year. For driving with a minor in the vehicle while under the influence of alcohol, the IID requirement is three years.
How much does an IID cost?
The cost of an IID varies depending on the manufacturer and the features of the device. However, drivers can expect to pay around $100 per month to rent an IID. There is also an installation fee and a fee for monthly calibration.
How do I get an IID installed?
To get an IID installed, you must contact a certified IID installer. The installer will schedule an appointment to install the device in your vehicle. You will need to provide proof of insurance and a valid driver’s license.
Can I get an IID waiver?
In some cases, drivers may be eligible for an IID waiver. For example, a driver may be eligible for a waiver if they have a medical condition that prevents them from using an IID. To apply for an IID waiver, you must contact the Secretary of State’s Office.
Did You Know
Michigan State Police Legal Updates
MSP Legal Update No. 153 (01/2023)
- Search & Seizure: The smell of marihuana, standing alone, no longer constitutes probable cause to search for that substance
- Vehicle Code: Violation for impeding traffic requires evidence the accused’s conduct actually affected the normal flow of traffic.
Legal Update No. 153 (01/2023)
MSP Legal Update No. 150 (01/2022)
- Vehicle Code: Persons under the age of 21 may be prosecuted for operating a motor vehicle with the presence of marihuana in their system
- Criminal Law: Ethnic intimidation based on gender includes harassing or intimidating another person because of the actual or perceived gender of that person.
Legal Update No. 150 (01/2022)
MSP Legal Update No. 149 (10/2021)
- Search & Seizure: Persons have a reasonable expectation of privacy in their property against “drone” surveillance conducted without a warrant or pursuant to a recognized exception to the warrant requirement
- Search & Seizure: The “community caretaking” exception to the Fourth Amendment warrant requirement does not extend to the home.
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