Will I have a DLAD hearing to address a major ignition interlock violation , or will I just automatically lose my license ?

Asked almost 2 years ago - Harrison Township, MI

I've had the device in my vehicle for 10 months now , and I have found that some things do register an alcohol reading , even though alcohol has not been consumed . Today , I started my vehicle and it registered a BAC of . 024 ( the limit is . 025 ) , which I found odd but did not give it any further thought . As I was driving I was prompted to take a rolling retest , and to my surprise it registered a BAC of . 027 , which is a fail . I don't really have an explanation for this other than that either the unit picked up my perfume , or it somehow became defective since the last time I drove the vehicle . I have read through my paperwork carefully and realize that this is considered a major violation . It is my understanding that unfortunately I will lose my license because of this .

Attorney answers (6)

  1. John F. Brennan

    Contributor Level 19

    4

    Lawyers agree

    Answered . Sadly it would appear that your only defense will be to show the unit is defective or somehow be able to duplicate the false reading under controlled an witnessed circumstances.
    The violation will otherwise result in the lose of your driving privileges.
    It would suggest you seek counsel to help you correct this.

    To the PROSPECTIVE client, please call myself or another attorney for your choice with more detaiils and an... more
  2. Frank B. Ford

    Pro

    Contributor Level 13

    4

    Lawyers agree

    Answered . You can have a hearing to contest this, but it will be an uphill battle to get the Secretary of State to believe you. Get a knowledgeable attorney to help you. I suggest that you take the vehicle to the interlock installer immediately to have the interlock checked, but the probable reason for the reading was the perfume. Frank B. Ford 313-565-9289

    The information contained in this answer is intended to convey general information. Nothing contained in this... more
  3. Becket J. Jones

    Pro

    Contributor Level 15

    4

    Lawyers agree

    Answered . You will need an attorney to help you through this.

    Before that though, you should do two things today. 1) Go immediately to your local police station and request a PBT to show you have no active alcohol in your system. 2) Google a lab near you that does ETG testing and get one TODAY.

    The ETG is most important. It tests for metabolized alcohol and can show whether you were drinking up to 80 hours prior to the test. Assuming it comes back negative, you may give your attorney a fighting chance at a hearing.

    Best of Luck.

    An Attorney-Client relationship has not been established. Becket J. Jones is not your attorney.
  4. Steven M. Dodge

    Contributor Level 12

    3

    Lawyers agree

    Answered . Since a rolling test violation is considered to be a major violation, the Secretary of State will automatically reinstate your revocation. As mentioned above, you do have the right to request a hearing to "appeal" that reinstatement. At that hearing, the hearing officer does have authority to restore your restricted privileges. The suggestion that you get an ETG test is a good one if it isn't already too late. A negative ETG very well might get you back on the road.

    You apply for the hearing by submitting a written request to the Driver Appeal and Assessment Division in Lansing.

  5. Jasen Bodie Nielsen

    Pro

    Contributor Level 19

    3

    Lawyers agree

    Answered . Sorry to hear that you're going through this. I also strongly suggest that you hire an attorney to fight this. Good luck.

    Jasen Nielsen

  6. David B Pittman

    Pro

    Contributor Level 20

    3

    Lawyers agree

    Answered . Hire an attoyney help you.

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