Michigan Ignition Interlock Device Violations
Michigan Ignition Interlock Device Violations are administrative penalties imposed by the Secretary of State (SOS) for particular acts or behavior involving the ignition interlock device installed on the individual car in the issue. These infractions can severely affect a person’s ability to operate a vehicle. When the Michigan SOS responds administratively, the driver’s license is revoked, and all driving privileges are suspended. An essential thing to remember from this administrative action is that you have the right to appeal or have a hearing on the license revocation.
If a person fails to request a hearing and challenges the administrative judgement, the revocation order will stay in effect. As a result, it is critical to request a hearing once more. I’ve handled several infraction hearings, which have resulted in clients retaining their driving privileges. Even while the request for a hearing is the most crucial, the hearing itself is as vital. Preparing to explain what is going on and the reasoning behind the violation is essential in explaining why or how you should still be authorized to operate a car in Michigan.
The following are the most typical forms of interlock violations:
- Tamper/Circumvent, which is when there is a violation because of a power outage or failure to the vehicle or device;
- Initial Startup Failure, which is when the individual blowing into the machine has provided some sort of foreign substance into its system (e.g. alcohol, mouthwash, food, other substance or liquid);
- Skipped (or missed) Rolling Retest, which is when there is a failure to provide a sample at the time of a retest once the vehicle is in motion; and
- Rolling Retest Failure, is again when the individual blowing into the machine has provided some foreign substance into its system but after the vehicle has been in motion (e.g. alcohol, mouthwash, food, other substance or liquid)
The above common violations are sometimes due to individual errors because they are not paying close attention to the order and requirements of the interlock device. For example, refrain from eating or drinking before operating the equipment. This might result in “false positives.” Another example is forgetting that you will need to blow into the ignition interlock once you are on the road. The violation or failure to utilize the equipment appropriately might sometimes be medical. This is all being said because the moment that you have a violation on the ignition interlock device, it is essential to obtain documentation and evidence that will or can support the reasoning behind the violation. Remember, the device’s purpose is to ensure that you are not using alcohol and to keep you honest on who is using the vehicle since they now come with video camera capabilities.
You have traveled a long road, possibly, in order to re-obtain your driver’s license, so why have issues that can be avoided once you are back on the road? The license revocation process can be expensive. Therefore, it is essential to take precautions when using an ignition interlock device and lawyer up whenever you have a violation for the device. Josh Jones can ensure that you continue to drive carefree on the road.