257.625l Ignition interlock device; warning label; prohibited conduct; violation as misdemeanor; penalty; impoundment of motor vehicle.

711 words·~3 min read·/mi/chapter-257/257-625l

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Sec. 625l.

(1)The manufacturer of an ignition interlock device shall design a warning label, and the person who has an ignition interlock device shall promptly affix that label to each ignition interlock device upon installation. The label shall contain a warning that any person tampering with, circumventing, or otherwise misusing the device is guilty of a misdemeanor punishable as provided by law.

(2)A person who is only permitted to operate a motor vehicle equipped with an ignition interlock device shall not operate a motor vehicle on which an ignition interlock device is not properly installed.

(3)A person who has an ignition interlock device installed and whose driving privilege is restricted shall not request, solicit, or allow any other person to blow into an ignition interlock device or to start a vehicle equipped with the device for the purpose of providing the person whose driving privilege is restricted with an operable vehicle.

(4)A person shall not blow into an ignition interlock device or start a motor vehicle equipped with the device for the purpose of providing an operable vehicle to a person who has an interlock device installed and whose driving privilege is restricted.

(5)A person shall not tamper with or circumvent the operation of an ignition interlock device.

(6)A person who violates subsection (2), (3), (4), or

(5)is guilty of a misdemeanor punishable by imprisonment for not more than 6 months or a fine of not more than $5,000.00, or both.

(7)If a law enforcement officer detains the operator of a motor vehicle for violating a law of this state or a local ordinance and the operator is a person required to only operate a motor vehicle with an ignition interlock device properly installed, but no ignition interlock device is properly installed on the motor vehicle, the law enforcement officer shall impound the motor vehicle. If a motor vehicle impounded under this subsection is individually or jointly owned by the operator, the law enforcement officer shall do all of the following:

(a)Immediately confiscate the motor vehicle registration plate and destroy it.

(b)Issue a temporary registration plate for the vehicle in the same manner prescribed by the secretary of state for temporary registration plates issued under section 226a or 226b.

(c)Place the temporary registration plate issued under subdivision

(b)on the motor vehicle in the manner prescribed by the secretary of state.

(d)Notify the secretary of state through the law enforcement information network in a form prescribed by the secretary of state that the registration plate was destroyed and a temporary registration plate was issued to the motor vehicle.

(8)A temporary registration plate issued under this section is valid until the charges for violating subsection

(2)are dismissed, the person pleads guilty or no contest to the charge, or the person is found guilty of or is acquitted of the charge.

(9)If the motor vehicle impounded under this section is not owned individually or jointly by the operator, the law enforcement officer shall impound the motor vehicle by contacting a local towing agency. The motor vehicle shall only be returned to the registered owner.

(10)The owner of a motor vehicle impounded under this section is liable for the expenses incurred in the removal and storage of the motor vehicle whether or not it is returned to him or her. The motor vehicle shall be returned to the owner only if the owner pays the expenses of removal and storage. If redemption is not made or the vehicle is not returned as described under this subsection, it shall be considered an abandoned vehicle and disposed of under section 252a.

History: Add. 1987, Act 109, Eff. Mar. 30, 1988 ;-- Am. 1994, Act 450, Eff. May 1, 1995 ;-- Am. 1998, Act 340 , Eff. Oct. 1, 1999 ;-- Am. 2003, Act 61 , Eff. Sept. 30, 2003 ;-- Am. 2008, Act 461 , Eff. Oct. 31, 2010 ;-- Am. 2016, Act 32 , Eff. June 6, 2016

Compiler's Notes: Enacting section 1 of Act 32 of 2016 provides:"Enacting section 1. R 257.1005 and R 257.1006 of the Michigan Administrative Code are rescinded."