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I am NOT on probation but have interlock. I failed the startup due to alcohol. First time, is this a big problem? License wise

Grand Rapids, MI |

Will I lose my restricted? Will it make it so I cant get my license in the future? What are the consequences? I am in Michigan. I read that since it is in my first 2 months that they dont consider it a violation, but i am really nervous.

This is what the SOS for michigan says, since it is in my first two months, and it was a start up test rather than a retest, is this still a violation? Minor Violations: A driver has 2 months after the BAIID is installed to become familiar with the device, and to learn that certain substances, such as mouth wash, may cause the device to record a test failure. After the first 2 months, it is a minor violation if the BAIID records 3 start-up test failures within a monitoring period. A start-up test failure means the BAIID has prevented the vehicle from starting.Minor violations will result in a 3-month extension of the time before you may request another license appeal hearing.Major violations will result in the immediate reinstatement of your original driver license revocation/denial

Attorney Answers 1


It sounds like you got a restricted license pursuant to a DLAD appeal and you now have the interlock for 12 months. If you blew a positive result, that is considered a major violation and it is going to be a problem and you are going to be called in for a hearing.

The best thing you can do at this point is hire a criminal defense attorney to consult with you regarding possible mitigation/damage control.

If you have an alcohol interlock for some other reason, I would need to have more details before I could tell you what to do. You can find a 10.0 rated criminal defense attorney by searching on Avvo.

Loren M. Dickstein
Michigan Criminal Defense Attorney
(248) 263-6800

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