By Attorney James Czarnecki|Czarnecki & Taylor PLLC| OCT 22, 2022
Michigan is known for its harsh penalties and high fines associated with drunk driving. If you are arrested for driving under the influence, you could face severe consequences such as suspension of your driver’s license, revocation, fines, and even imprisonment.
One of the Michigan Secretary of State’s primary sanctions associated with drinking and driving is the interlock requirement. This device prevents you from starting your car if it detects alcohol on your breath. Usually, however, people have an interlock device installed in their vehicle when their license has been reinstated after winning a driver’s license appeal at the Secretary of State hearing office.
A person granted a restricted license following a driver’s license restoration hearing, an OWI with a high BAC, or according court supervised sobriety court, must an interlock device Breath Alcohol Ignition Interlock Device (BAIID) installed in their vehicle. The device measures the driver’s bodily alcohol content (BAC), and prevents the car from starting if the BAC is .025 or higher. The interlock device will require the driver to perform rolling retests while the person is driving.
What is a Michigan interlock violation?
An interlock violation occurs when one condition or requirements of the device have been violated.
While an interlock device can be very effective in preventing people from drunk driving, it also comes with some drawbacks. Many people find them inconvenient, as they require frequent visits to service centers to get maintenance and calibration work done.
Another drawback is that interlock devices are not always reliable. They are prone to misreading alcohol in certain conditions, which can result in false positives. As a result, you lose your driving privileges and must appear at the SOS for an interlock violation hearing to explain why your license should be reinstated. Request for an interlock violation hearing.
Type of Michigan interlock violations
The Michigan SOS recognizes two types of interlock violations: major and minor. Each has its own level of sanctions.
Minor interlock violation
According to Michigan Administrative Rule, Mich. Admin. Code R. 257.301a:
“Minor violation” means either of the following during a monitoring period if the BAIID is a requirement of a restricted license issued under section 322(6) of the act: (i) After the BAIID has been installed for at least 2 months, 3 start-up test failures. (ii) The petitioner fails to report to the BAIID manufacturer, installer, or service provider for monitoring within 7 days after his or her scheduled service date.
Mich. Admin. Code R. 257.301a
As its name suggests, a minor violation is the lowest level of interlock violation. A sanction for a minor interlock violation usually results in a three-month extension of the interlock device on your car. The administrative code states that a minor violation can be elevated into a major violation if there are three or more violations in a single monitoring period.
A minor violation results if you miss a calibration or monitoring appointment and do not reschedule within seven days. The SOS grants you the ability to make and keep another appointment.
Another minor violation, although treated more seriously than the missed appointment violation, is the start-up failure. The failure to start occurs when the interlock device detects alcohol. The interlock company keeps a log of the failed starts.
Major interlock violation
The Michigan administrative code defines a major violation in the following way:
“Major violation” means any of the following during a monitoring period if the BAIID is a requirement of a restricted license issued under section 322(6) of the act: (i) A rolling retest violation. (ii) The petitioner is issued a permit under section 625g of the act. (iii) The petitioner is convicted of violating section 625l of the act. (iv) Servicing of the BAIID indicates that the BAIID has been tampered with or circumvented or that there was an attempt to tamper with or circumvent the BAIID. (v) Three minor violations. (vi) A BAIID is removed from a vehicle without an order from the department authorizing removal of the BAIID. This subparagraph does not apply if a BAIID is installed within 7 days after removal in any vehicle owned or operated by a petitioner whose license is restricted. (vii) Operating any motor vehicle without a properly installed and functioning BAIID.
Mich. Admin. Code R. 257.301a
Of course, a major violation is a serious matter. The consequences are severe. The consequences of a major violation can result in immediate loss of your driving privileges once notified by the SOS.
Rolling retest violation
Many people find remembering to take periodic rolling retests throughout the day challenging when they first start using their interlock device. This means you must stop what you are doing each time your interlock requires a test and blow into it to verify that your blood alcohol concentration (BAC) level is under the legal limit. A rolling retest is a test performed in your vehicle to ensure that you can safely continue operating it. An interlock device is installed in your car and will prevent it from starting if alcohol is detected on your breath, but it can also stop your vehicle after a countdown.
If you have a BAIID installed in your vehicle, you must comply with the SOS requirements. One requirement is that you must perform a rolling retest while driving. This helps ensure the device is still working correctly and can detect alcohol on your breath.
Many people miss a rolling retest. This occurs when the driver does not hear the prompt for a test. This happens in the winter when people let their cars warm up in the driveway. The signal goes off for a retest, and since the person is in the home, they don’t hear it. Even though the skipped test is unintentional, the SOS views this as an intentional avoidance because alcohol is in your system. No, it isn’t fair, but testing is a requirement of your newly issued driving privileges.
If you have missed a rolling retest with your interlock device, there is no reason to panic. The important thing is that you address the situation immediately by taking your test as soon as possible so you can start driving again without any problems.
Another type of major violation is a positive test for alcohol during a rolling retest. The interlock device registers a blood alcohol level of a minimum of .025. The test is not infallible.
If you have been issued a BAIID and must submit a rolling retest, remember that this is a crucial step in keeping your driving privileges.
One common problem that can arise with a rolling retest is the possibility of a false positive result for alcohol. False positives can result from eating certain foods the can be detected by the device.
So, what types of foods can lead to a false positive test for alcohol? The following list contains some foods that contribute to this issue:
- pizza
- fruit juice like apple juice
- spicy foods
- high sugar foods
- energy drinks
These foods can trigger a false positive because they generate a minuscule amount of alcohol when digested. If you have a positive rolling retest, again, don’t panic. The important thing is that you continue your testing until you get a negative result. But, before you do, rinse your mouth out with water. You should always rinse your mouth out before taking the rolling retest.
If you feel like your BAIID has malfunctioned or produced an incorrect result, it’s important to retest immediately, if possible. If you suspect this may have happened, it is important to gather all evidence and documentation as soon as possible. You should also reach out to your BAIID vendor or manufacturer to talk about your options for getting the results corrected. You can gather evidence on your behalf by going to a police station and getting a PBT as soon as possible. The PBT results will help you win the hearing if you are violated.
Fortunately, options may be available if you receive a false positive on your rolling retest. These might include requesting that your BAIID vendor perform a recalibration test or working with your lawyer to dispute and appeal the results if the evidence supports this argument. You’ll need to work with your legal counsel to ensure your rights are protected throughout this process. With the right approach, you can get back on track and avoid further complications related to your driving privileges.
Tamper/Circumvent interlock violation
A BAIID, or Breath Alcohol Ignition Interlock Device, allows people convicted of drunk driving offenses to continue driving legally. However, people have attempted to tamper with the device to hide alcohol use. Several methods have reportedly been used to disable or bypass these devices altogether. For example, some people will try to disable them by blowing into them forcefully enough that they stop functioning correctly. Others tried to find ways to modify their BAIIDs so that it will report no alcohol content readings.
Tampering with a BAIID device is a misdemeanor in Michigan. Although people have tampered with the device, most Michigan interlock violations have innocent explanations where the user did not engage in wrongdoing.
False tamper/circumvent violations can result from:
- improper installation
- device failure
- vehicle electrical problems
- dead battery
- freezing weather
- vehicle brought in for repairs and power disconnected
Most of the Michigan interlock violations handled by our office result from dead batteries or when a vehicle is brought in for service at an automotive repair facility and the power is disconnected. A slight interruption in the electrical signal to the device can cause the device to report a tamper and circumvent.
To protect against this issue, please always keep receipts and paperwork for new batteries or work done on the vehicle. This way, if a tamper/circumvent violation is issued due to electrical or power issues, there is proof that the car was being serviced. Even though the situation is innocent and documented, the interlock company always reports a power issue as a tamper circumvent. Unfortunately, once reported, the SOS will require a hearing so you can prove the vehicle was being repaired. However, our office has been able to get the violation dismissed and avoid a hearing by writing a letter, with documentation, explaining why the violation occurred.
If you experience any problems with your BAIID, such as tampering or circumventing, there are several steps that you can take to remedy the situation and protect your driving privileges. First, contact the company that installed your device to inform them of any mechanical issues you experience that require service at an automotive repair shop. They will be on notice, and you have created a record to protect yourself.
Michigan Interlock Violation Attorney
If you received a Michigan interlock violation from the SOS, you must seek legal counsel as soon as possible. A skilled attorney can help you understand your rights and options, advocate for you during the interlock violation hearing, and help reduce any potential consequences.
One of the most important things to know when facing a Michigan interlock violation is understanding what this entails. Under Michigan law, these devices are used to prevent people with driving under the influence convictions from operating their vehicles while intoxicated. An ignition interlock device requires drivers to provide breath samples before starting their cars and will not allow them to use the vehicle if they have consumed alcohol. The SOS assumes the violation is true. You must prove otherwise.
If you received a Michigan interlock violation, your first step should be to consult with an experienced attorney. An attorney can review the details of your case and help you determine the best course of action. They will help you gather evidence, prepare your testimony, represent you at the hearing, and fight for a favorable outcome in your case.
A Michigan interlock violation is a frustrating process requiring comprehensive documentation and forms that must be filed with the Secretary of State. Most Breath Alcohol Ignition Interlock Devices (BAIID), interlock violations, are often the result of an error or have innocent explanations.
A Michigan interlock violation may seem like an insurmountable legal hurdle to overcome, but there are options to defend against these violations. At their core, interlock violations usually occur because of innocent actions. This can happen for several reasons – perhaps they were unaware of what the regulations require. Regardless of why this happens, an interlock violation can seriously impact your driving privileges.
If you have been accused of violating your ignition interlock requirements and need help to defend against these charges, several options are available. For example, you can demonstrate that your interlock malfunctioned or was otherwise defective, which can result in a dismissed violation. You could also work with an attorney experienced in interlock violation defense to help you understand the legal process and ensure that your rights are protected.
Czarnecki & Taylor can help restore and protect your driving privileges if you have a Michigan interlock violation. Czarnecki & Taylor has won Michigan interlock violation hearings that involved positive tests for alcohol, rolling retest violations, and tamper/circumvent allegations. You must act promptly upon receiving a notice of revocation reinstatement because you must file a response with the OHAO within 14 days.
If you believe a false interlock violation occurs, Czarnecki & Taylor recommend you immediately take the following action:
- Immediately contact the interlock provider and tell them the problem you are having with the device; document the time and date when you called
- For a false positive test, immediately go to the nearest police station for a PBT; get the results in writing
- If you get a false positive test on the interlock, keep blowing into the machine until the alcohol level reaches zero; do not wait hour later to test
- Make sure to document witnesses who are aware of the problem
- Document all repairs done on your vehicle; keep receipts
If you have been accused of violating your ignition interlock requirements, it is important to remember that these violations are not insurmountable obstacles. With the right strategies and support, it is possible to fight back against the violation and avoid potentially serious consequences.
Contact Czarnecki & Taylor
If you have received a Michigan interlock violation, it is important to contact a qualified attorney as soon as possible. An experienced lawyer can help review the facts of your case and determine the best course of action for resolving your violation. They will also be able to provide you with guidance on what steps you need to take next and how to protect your license going forward.
At Czarnecki & Taylor, we have extensive experience, over 20 years, handling interlock violations in Michigan. We have helped people win the driver’s license appeal process. Whether you have had your interlock device triggered by alcohol, missed a rolling retest, a failed breath test, or another reason, we can help determine the best course of action for your situation and guide you through each step.
We understand how important it is to protect your driving privileges so that you can continue driving legally. With our assistance, you can feel confident that all aspects of your case will be handled correctly and that you will receive the representation and support you need throughout this process. Contact us today to learn more about how we can help with an interlock violation in Michigan.
Do you have questions regarding your interlock violation? We’ve got answers. Czarnecki & Taylor PLLC’s experienced attorneys will handle your case with care and help you through every step of the process.
For a free consultation, call us today at (586) 718-2345 or online for a prompt response. We are available 24/7 and have weekend and evening appointments.