9.3DWI/Sobriety Court and the Specialty Court Interlock Program
MCL 600.1084 governs the DWI/sobriety court and the specialty court interlock program. See MCL 600.1084(1). DWI/sobriety courts must be certified by the State Court Administrative Office (SCAO) before performing any of the functions of a DWI/sobriety court. MCL 600.1084(3). See the Michigan Judicial Institute’s Controlled Substances Benchbook, Chapter 10, for more information about certification. See also SCAO’s problem-solving courts website, which contains detailed information about the certification process.
In cooperation with SCAO, all DWI/sobriety courts that participate in the program must provide the legislature, the secretary or state, and the Michigan Supreme Court with documentation regarding the participants’ compliance with court-ordered conditions. MCL 600.1084(5).
“All DWI/sobriety courts shall comply with the 10 guiding principles of DWI courts as promulgated by the National Center for DWI Courts.” MCL 600.1084(2).
The 10 guiding principles are:
•determine the population;
•perform a clinical assessment;
•develop the treatment plan;
•supervise the offender;
•forge agency, organization, and community partnerships;
•take a judicial leadership role;
•develop case management strategies;
•address transportation issues;
•evaluate the program; and
•ensure a sustainable program.1
“In order to be considered for placement in the program, an individual must have been convicted of either of the following:
(a) Two or more convictions for violating [MCL 257.625(1)2] or [MCL 257.625(3)3], or a local ordinance of this state substantially corresponding to [MCL 257.625(1)] or [MCL 257.625(3).]
(b) One conviction for violating [MCL 257.625(1)] or [MCL 257.625(3),] . . . or a local ordinance of this state substantially corresponding to [MCL 257.625(1)], or [MCL 257.625(3),] . . . preceded by 1 or more convictions for violating a local ordinance or law of another state substantially corresponding to [MCL 257.625(1), MCL 257.625(3), or MCL 257.625(6),4] . . . or a law of the United States substantially corresponding to [MCL 257.625(1), MCL 257.625(3), or MCL 257.625(6).]” MCL 600.1084(4).
C.Restricted Licensing for Program Participants
“Before the secretary of state issues a restricted license to a program participant under . . . MCL 257.304, the specialty court judge shall certify to the secretary of state that the individual seeking the restricted license has been admitted into the program and that an interlock device has been installed on each motor vehicle owned or operated, or both, by the individual.” MCL 600.1084(6).
“If any of the following occur, the specialty court judge shall immediately inform the secretary of state of that occurrence:
(a) The court orders that a program participant be removed from the specialty court program before he or she successfully completes it.
(b) The court becomes aware that a program participant operates a motor vehicle that is not equipped with an interlock device or that a program participant tampers with, circumvents, or removes a court-ordered interlock device without prior court approval.
(c) A program participant is charged with a new violation of . . . MCL 257.625.” MCL 600.1084(7).
“The receipt of notification by the secretary of state under subsection (7) must result in summary revocation or suspension of the restricted license under . . . MCL 257.304.” MCL 600.1084(8).
1 Source: the National Center for DWI Courts.
2 Operating motor vehicle while intoxicated.
3 Operating motor vehicle while visibly impaired.
4 Person under 21 years of age operating motor vehicle with any bodily alcohol content.