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 .
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 appointment. My PRELIMINARY answer to your question(s) is for general purposes and based upon what little information you have conveyed. It is based on such limited information that the general answer should never be relied as a reason for your action or inaction. My response does NOT establish an attorney-client relationship and such may only be established by mutual agreement, and the signing of a written retainer agreement, which will generally require payment for our services, as this is what we do for a living and, just like you, we must get paid for our work.. .
DUI / DWI Attorney
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 answer is intended as specific legal advice. Although the content is believed to be accurate as to Michigan law, no guarantee is made that it is accurate and up-to-date. This is not an offer to represent you, nor is it intended to create an attorney-client relationship.
Criminal Defense Attorney
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.
Criminal Defense Attorney
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.