There are two kinds of violations on the use of interlock ignition devices that would affect a driver’s application for the restoration of his driver’s license – there are minor violations and there are major violations.
Minor Violations
To fall under the definition of a minor violation it would be required that the acts of the driver would fall under the following circumstances:
- After the trial period the driver fails 3 startup tests and the car will not start. This shows that the driver is drunk and could be attempting to drive even if he is already intoxicated with alcohol.
- Another minor violation is if a driver fails to have the device service within 7 or 6 days of it being scheduled for it.
Major Violations
There are also different kinds of major violations that you should be very wary about. They are the following:
Failing a Rolling Test
Failure of a “rolling test”, which is either failing to take the test when prompted or the result is greater than 0.25% and a subsequent sample is greater than 0.25%. When you fail a rolling test it could either be one of two things – that you have a result that is greater than 0.25% or that you failed to take the test when you are prompted by the device to do so.
An arrest or conviction for drunk/drugged driving
When you have a subsequent drunk or drugged driving conviction, it is considered a major violation of your interlock ignition device. Keep in mind that when you are already restricted from driving you need to be very careful to make sure that you are always going to get the chance to drive again.
When you are already restricted from driving and you get an arrest or a conviction on drunk driving you will have to face the reality that your license may be revoked in the state of Michigan and it will already be a part of your permanent record as the driver in the state of Michigan.
Tampering with the Blood Alcohol Ignition Interlocking Device
Any kind of tampering with the blood alcohol ignition interlocking device is considered a major violation. Tampering includes any kind of activity that would affect the purpose of the device and how it functions on your automobile.
There are some instances of hacking that you will need to prevent because there is already and now the technology where it is easier to see whether or not you have hacked the system of your interlock ignition device and you will be facing more charges and more problems if you do so.
Circumventing the device, by allowing a passenger to blow into the device
Relating to the previous violation, any act of circumventing the device is also considered a major violation. Circumvention happens when you ask another person to blow on the device for the vehicle to start.
Three minor violations within the monitoring time (required time for the device to be installed)
If there are three minor violations within the monitoring period, it is already considered a major violation.
Removing the device without having it re-installed within 7 days (unless Secretary of State approves)
Removing the device without having it reinstalled within 7 days is also considered a major violation. The only exception to this is if the secretary of state approves the removal of the installed device.
Operating a vehicle without a properly installed device
Operating a vehicle without the device being properly installed is considered a major violation of the law. As long as you have the restriction you are required to always follow all of the rules set by the court and you cannot tamper with the device in any kind of way.
Penalties
If you are found guilty of the penalties involved, you are facing stiff penalties. A minor violation will result in a three-month extension before you can apply for an appeal. On the other hand, the major violations will cause the revocation of the original driver’s license to be immediately reinstated. This means that you will no longer be allowed to operate any automobile.
Do Not Drive While Impaired
Driving while impaired can result in serious injury or death. The consequences may result in steep fines, loss of driving privileges, loss of employment, or imprisonment. If you are charged with a DUI/OUI, you need to contact a criminal defense attorney to protect your legal rights.
Disclaimer
The article that you have read is based on general applications of the law. It is not legal advice and it is not to be construed as any legal consultation with the firm. No client-attorney relationship is created when you read the information provided.
Let us help you out
If you’ve been charged with driving under the influence or operating while intoxicated, then you need a criminal defense lawyer. Call us immediately. We offer free consultations and are on standby to take your call.
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