The failure to take a rolling retest is considered to be a major vioation by the DAAD and they will reinstate his revocation. He has the right to request a hearing on this, though, and the hearing officer does have authority to give him his restricted license back. So, he should request this hearing.
What he should do now (I mean NOW) is to get an ETG test taken. That will establish to DAAD that he wasn't drinking. Next he should assemble all witnesses, including you, who can back up the fact that he was locked out.
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Get a lawyer to request a hearing and submit supporting evidence with the request. Some of these have been resolved by our office without a hearing when the evidence is strong and there is no indication of alcohol consumption or an intentional attempt to thwart the interlock device. The DAAD has been erratic on these incidents though. A lawyer will tag all of the bases to avoid leaving any questions about your integrity. Our results have been very good in these rolling re-test violation situations where there are other tests before and after which registered 0.0. A few of our cases involved cars that were in service for repairs as well.
ABDO LAW FIRM
Attorneys & Counselors at Law
42550 Garfield Road, Suite 104-A
Clinton Township, MI 48038
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