Michigan Criminal Lawyer, Josh Jones

Michigan – Ignition Interlock Violations – SOS or DLAD

Michigan Ignition Interlock Device Violations are administratively applied by the Secretary of State (SOS) because of certain acts or conduct that occurs with the ignition interlock device that is installed on the specific vehicle in question. These violations can have massive repercussions on an individual’s ability to driver a vehicle. When the Michigan SOS acts administratively, a revocation occurs to the drivers license and all privileges to drive are suspended. The important piece to take away from this administrative act is that you have the ability to appeal or hold a hearing on the revocation of the license.

If an individual fails to request a hearing and appeal the administrative decision then the order of revocation will continue to remain in effect. Therefore, again it is highly important to request a hearing. I have handled numerous violation hearings, and in the end, they have all ended in clients maintaining their right to drive. Even though the request for hearing is the most important, it should be noted that the hearing itself is just as important. Being prepared to explain what is going on and the rationale behind the violation is important in being able to explain why or how you should still be able to continue to operate a vehicle here in Michigan.

The most common types of interlock violations are:

  1. Tamper/Circumvent, which is when there is a violation because of a power outage or failure to the vehicle or device;
  2. 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);
  3. 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
  4. Rolling Retest Failure, is again when the individual blowing into the machine has provided some sort of 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 error because they are not paying close attention to the order and requirements of the interlock device. For example, not eating or drinking before using the machine. This can cause “false positives.” Or another example, forgetting that you will have to blow into the ignition interlock once you are already traveling on the road. Sometimes, the violation or failure to use the device correctly can also be medical. This is all being said because the moment that you have a violation on the ignition interlock device, it is important to obtain documentation and evidence that will or can support the reasoning behind the violation. Remember, the purpose of the device 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 drivers 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.