DUI First Offense | Komorn Law

Ignition Interlock Devices – What you should know

Oct 27, 2023 | Blog, DUI First Offense, DUI Second Offense, DUI Super Drunk, DUI Third Offense

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.

Have you been arrested or charged for any "alleged crime" by the Federal System or the State of Michigan? Call Our Office for a Free Case Evaluation 248-357-2550

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.

Legal Update No. 149 (10/2021)

3‑D Printed Marijuana Breathalyzer Prototype

Key Takeaways 2021 NIJ research found that THC levels in blood, urine, or oral fluid do not correlate with impairment, and field sobriety tests fail to detect cannabis intoxication. 2023 VCU research (DOJ‑funded) began developing a colorimetric THC breathalyzer…

Michigan Drunk and Drugged Driving First Offense

Driving under the influence DUI commonly known as Driving under the influence is the offense of driving, operating, or being in control of a vehicle while impaired by alcohol or drugs, recreational drugs such as cannabis and those prescribed…

Michigan Drunk and Drugged Driving First Offense

May 30, 2022 | Blog

Driving under the influence

DUI commonly known as Driving under the influence is the offense of driving, operating, or being in control of a vehicle while impaired by alcohol or drugs, recreational drugs such as cannabis and those prescribed by a doctor to a level that renders the driver incapable of operating a motor vehicle safely.

The name of the offense varies from jurisdiction to jurisdiction and from legal to colloquial terminology. In the United States, the specific criminal offense is usually called driving under the influence, but in some states “driving while intoxicated” (DWI), “operating while impaired” (OWI) or “operating while ability impaired”, “operating a vehicle under the influence” (OVI), etc. Such laws may also apply to boating or piloting aircraft. Vehicles can include farm machinery and horse-drawn carriages, along with bicycles.

Other commonly used terms to describe these offenses include drinking and driving, drunk driving, drunken driving, impaired driving, operating under the influence, or “over the prescribed limit”.

Considered a Crime

It is a crime for a driver to have a bodily alcohol content (BAC) of .08 or greater if over age 21 or .02 or greater if under 21. In addition, Michigan has a high-BAC law with enhanced penalties for anyone caught driving with a BAC of .17 or higher.

Drivers can be arrested at any BAC level if they exhibit signs of impairment while operating a motor vehicle. Drivers with any amount of a Schedule 1 controlled substance and/or cocaine are subject to the same fines and penalties as drunk drivers, even if they show no signs of impairment.

Medical Marijuana Exception

The only exception is an individual who has a valid medical marijuana card and is driving with marijuana in his or her system. Under the law, an officer must show they are impaired due to that marijuana.

Komorn Law PLLC is focused on the protection of Medical Marijuana Patients and their rights since we helped enact the law itself. If you have been accused of driving under the influence of cannabis and are a medical marijuana patient you should call the office and hire us your legal defense team as we have done so many times for other patients. One notable victory you many are aware of is People vs Thue which we won that allows medical marijuana patients to consume marijuana while on probation. There are many many more. Call The Office 248-357-2550

First Offense – Costs and Consequences of a Drunk Driving Conviction

If BAC is below .17 and this is a first offense:

Up to $500 fine
Up to 93 days in jail
Up to 360 hours of community service
Up to 180 days license suspension
6 points on a driver’s license

If BAC is .17 or higher and this is a first offense:

Up to $700 fine
Up to 180 days in jail
Up to 360 hours of community service
Up to one year license suspension
6 points on a driver’s license
Mandatory completion of an alcohol treatment program
Ignition interlock use and compliance after 45 days license suspension is required to receive a restricted driver’s license. Convicted drunk drivers have limited driving privileges, are prohibited from operating a vehicle without an approved and properly installed ignition interlock device, and are responsible for all installation and upkeep costs for the device.

Anyone who refuses a breath test the first time is given an automatic one-year driver’s license suspension. For a second refusal within seven years, the suspension is two years.

Convicted drunk drivers are subject to a $1,000 penalty for two consecutive years under the Driver Responsibility Act, for a total of $2,000 in additional costs.

If you or someone you know has been accused of a crime, DUI or Drugged Driving.
Call Komorn Law PLLC and turn your defense into an offense.
Call Now 248-357-2550

Get that First Offense Expunged. Call Our Office.

Gov Whitmer Signs Bill for Clean Slate of Non-Repeat OWI Offenders

Ignition Interlock Devices – What you should know