If you are fortunate enough to prevail at your hearing with the Driver’s Assessment and Appeals Division (DAAD) officer at the Secretary of State on your petition to have your driver’s license reinstated, you will be issued a restricted driver’s license or a driver’s license equipped with an ignition interlock device. After a year you can petition the DAAD to have your full driver’s license reinstated. You will again go through the process with the hearing, assessment, letters of community support, 10-panel drug screen, etc. The only difference is that you will have to submit a report of your ignition interlock device. If there are violations with your ignition interlock device, that can spell big trouble for your petition. It could be denied and you could even lose your driver’s license forever.
Upon receiving notice form the ignition interlock device company, the DAAD revokes your driver’s license. Actually, it is a “reinstatement of the original action” meaning your previous status of license revocation. You have 14 days from the effective date to request a hearing to challenge the violation.
The Four Most Common Violations
- Tamper/Circumvent—This is when a power disconnect or power failure occurs to the vehicle. It most often happens when mechanical work is done on the car or when a battery is switched out or disconnected, even momentarily. You should call the ignition interlock company before the work is done and ask what to do. Even still, a violation may occur anyway.
- Initial Starting Failure—This is just what it sounds like—a violation that occurs when you attempt or initially start the vehicle. These “false positives” can be caused by foods containing yeast or something like mouthwash. The Secretary of State presumes everyone has been given information by the company on how to do a proper retest after an initial positive test within a few minutes. Frequently, the driver is just given a booklet instead of a complete “walk through” when installed. Hardly anyone bothers to plan for the “false positives.”
- Skipped Rolling Retest—This is when the driver skips or misses performing a rolling retest. Periodically the device will require you blow or test after the car has been placed in motion. You may need to pull off on the side of the road. If you do not perform this rolling retest, it is a violation.
- Rolling Retest Failure—Just what it sounds like. If you are driving and the device requires a retest, a failure can be caused by eating while driving. Food products containing yeast is the biggest culprit.
If you have an ignition interlock device and are accused of a violation, you are facing serious consequences, including permanent license revocation. There is no magic phone number you can call to immediately straighten things out. Also, it isn’t simply a matter of showing up for a hearing to explain yourself and clear everything up. You will need real hard evidence—testimony and letters to recreate what happened, to convince the hearing officer.
Some hearing officers are more versed in the science of the ignition interlock devices than others. Other hearing officers rely more on circumstantial evidence. If you have been accused of an ignition interlock device, you need to be represented by a lawyer experienced in handling driver’s license restorations and ignition interlock violation hearings. The stakes are too high to try it alone. If you have a pending ignition interlock violation, contact Austin Legal Services, PLC to speak to a Michigan Driver’s License Reinstatement Attorney today!
Representing clients in driver’s license appeals and restoration hearings and ignition interlock violation hearings through Michigan in the counties of Ingham, Eaton, Clinton, Jackson, Gratiot, Shiawassee, Barry, Livingston, Washtenaw, Kent in the cites of Lansing, St. Johns, Charlotte, Jackson, Howell, Ithaca, Hastings, Ann Arbor, Grand Rapids, Corunna.