§ 257.625k Breath alcohol ignition interlock devices; approval and certification; offenses and penalties

257.625k. Breath alcohol ignition interlock devices; approval and certification; offenses and penalties

    Sec. 625k. (1) The department shall approve an ignition interlock device certified by a department-approved laboratory as complying with the model specifications for breath alcohol ignition interlock devices (BAIID), 57 FR 11772--11787 (April 7, 1992). Subject to subsection (5), the department shall provide a list of all manufacturers of approved certified devices to each person who is issued a restricted license that permits the person to drive a vehicle only if it is equipped with an ignition interlock device. The department shall rotate the order of the providers with each list provided under this subsection.

    (2) The secretary of state shall promulgate rules to implement this section in compliance with the administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328.

    (3) The manufacturer of an ignition interlock device shall bear the cost of that device's certification.

    (4) A laboratory that certifies an ignition interlock device as provided in this section shall immediately notify the department of that certification.

    (5) The department shall not include the manufacturer of a certified ignition interlock device on the list of manufacturers published under subsection (1) unless the manufacturer complies with all of the following:

        (a) The manufacturer has filed copies of all of the following with the department:

            (i) A bond executed as provided in section 625o [FN1] or a letter of credit.

            (ii) Evidence of insurance as described in section 625l. [FN2]

            (iii) An affidavit that the ignition interlock device meets all of the following conditions:

                (A) Meets the definition in section 20d. [FN3]

                (B) Is set to periodically take samples while the vehicle is in operation and to do both of the following when the device detects an alcohol content of 0.025 grams or more per 210 liters of breath in the person who offers a breath sample or if a breath sample is not given within the allotted time:

            (I) Emit a visible or audible warning signal.

            (II) Render the vehicle inoperable as soon as the vehicle is no longer being operated, requiring the operator to provide a breath sample containing a breath alcohol level of less than 0.025 grams per 210 liters of breath before the vehicle may be restarted.

        (b) Provides a list of installers who are authorized to install and service its ignition interlock devices to the secretary of state.

        (c) Agrees to have service locations within 50 miles of any location within this state.

        (d) Agrees to provide an ignition interlock device without cost to a person whose gross income for the immediately preceding tax year based on his or her state income tax return was less than 150% of the official poverty line for that same tax year established in the poverty guidelines issued by the secretary of health and human services under 42 USC 9902. A person in whose vehicle an ignition interlock device is installed without cost under this subdivision shall pay a maintenance fee to the installer of not more than $2.00 per day.

        (e) Agrees to comply with the reporting requirements of the secretary of state.

        (f) Agrees to periodically monitor installed ignition interlock devices and if monitoring indicates that the device has been circumvented, tampered with, or that a person with a breath alcohol level of 0.025 or more grams per 210 liters of breath has attempted to operate the motor vehicle, or both, to communicate all of the relevant information concerning these facts to the secretary of state or to the court, or both, as appropriate.

    (6) A manufacturer that has made a filing under subsection (5) shall immediately notify the department if the device no longer meets the requirements of subsection (5).

    (7) A person who knowingly provides false information to the department under subsection (4) or (5) is guilty of a felony punishable by imprisonment for not less than 5 years or more than 10 years or a fine of not less than $5,000.00 or more than $10,000.00, or both, together with costs of the prosecution.

    (8) A person who negligently provides false information to the department under subsection (4) or (5) is guilty of a misdemeanor punishable by imprisonment for not more than 1 year or a fine of not more than $1,000.00, or both, together with costs of the prosecution.

    (9) A person who knowingly fails to comply with subsection (6) is guilty of a felony punishable by imprisonment for not less than 5 years or more than 10 years or a fine of not less than $5,000.00 or more than $10,000.00, or both, together with costs of the prosecution.

    (10) A person who negligently fails to comply with subsection (6) is guilty of a misdemeanor punishable by imprisonment for not more than 1 year or a fine of not more than $1,000.00, or both, together with costs of the prosecution.

    [FN1] M.C.L.A. § 257.625o.

    [FN2] M.C.L.A. § 257.625l.

    [FN3] M.C.L.A. § 257.20d.