Understanding the Rules to Keep Your License After a DUI
Facing a DUI charge can be a stressful experience. After resolving the court case, you might be required to install an Ignition Interlock Device (IID) in your vehicle. This breathalyzer technology ensures you’re sober before starting the car. However, with an IID comes the potential for violations.
If you live in Michigan and are unsure about how many interlock violations you can have, this article is for you. We’ll explore interlock violations in Michigan, their consequences, and how to avoid them. While you should always entrust your case to a skilled Michigan DUI defense attorney, some background is informational.
What is an Interlock Violation in Michigan?
An Interlock Violation in Michigan occurs when you breach the guidelines set for your IID program and have a restricted driver’s license. The device itself monitors your behavior and records specific actions. Here are some common examples of interlock violations:
- Failing a Breath Test: If your BAC (Blood Alcohol Content) exceeds the pre-set limit during a required breath test, you’ll trigger a violation.
- Skipping a Rolling Retest: Rolling retests happen periodically while driving, requiring another breath sample to confirm sobriety. Skipping one is a violation.
- Tampering with the Device: Any attempt to bypass, disable, or alter the IID’s functionality constitutes a violation.
- Having Someone Else Blow: Allowing another person to provide a breath sample for you is a serious violation.
- Driving Without the Interlock: Operating a vehicle without a functioning IID is a major violation.
Understanding these potential violations is crucial to maintaining a compliant record and avoiding license suspension.
Possible Consequences of a Skipped Interlock Test / Failed Interlock Test
The repercussions of an interlock violation depend on the severity of the offense. The court or your IID service provider will determine the specific consequences. Understanding the potential impact of violations is vital to ensuring responsible device use.
Minor vs. Major Violations in Michigan’s Interlock Program
Michigan operates on a “three-strikes” system for minor violations. Let’s delve deeper into the differences between minor and major violations:
Minor Violations
These are less severe offenses that typically don’t directly indicate impaired driving. Examples include missing a scheduled service appointment, failing a single rolling retest due to technical issues (like improper blowing technique), or forgetting to turn on the device once unintentionally.
Major Violations
These are serious offenses that raise concerns about your commitment to sobriety or the program’s effectiveness. Examples include failing multiple breath tests consecutively, attempting to tamper with the device, driving without the IID installed, or having someone else provide a breath sample.
It’s important to remember that even minor violations can have consequences. While a single missed appointment might only result in a program extension, accumulating minor violations can lead to a major violation with harsher penalties.
Comparison of Minor and Major Ignition Interlock Violations in Michigan
| Violation Type | Description | Consequences |
|---|---|---|
| Minor Violations | Missing a service appointment, skipping a single rolling retest, or failing to turn on the device once unintentionally. | Program extension (3 months) after the first violation, progressively stricter measures for subsequent violations. |
| Major Violations | Multiple failed breath tests, tampering with the device, having someone else blow, or driving without the IID. | Program extension, license suspension, potential court appearances, and possible reinstatement of original DUI charges. |
Maximum Number of Interlock Violations in Michigan
There isn’t a specific “maximum” number of violations allowed in Michigan. However, the three-strikes system for minor violations essentially creates a limit. Here’s how it works:
- First Minor Violation: Typically results in a program extension (3 months) and a warning.
- Second Minor Violation: Likely leads to a longer program extension with stricter enforcement measures.
- Third Minor Violation Within the Same Reporting Period: This gets classified as a major violation, potentially leading to a significant program extension, license suspension, and potential court appearances.
The key takeaway is to avoid accumulating minor violations. Treat each violation seriously, and take steps with a driver’s license appeal hearing when possible. Plus, you should always take steps to ensure responsible use of the IID to stay compliant with the program.
Device Tampering: A Major Violation with Serious Consequences
Tampering with an IID is a serious offense in Michigan. Here’s why:
Safety Risk
A tampered device can malfunction, allowing someone under the influence to drive. This puts the driver and everyone on the road at risk.
Program Integrity
Tampering undermines the entire IID program’s effectiveness, which is designed to promote safe driving habits.
Legal Repercussions
Attempting to bypass or disable the IID is a major violation. You could face a lengthier program extension, license suspension, hefty fines, and even potential reinstatement of your original DUI charges.
Always keep in mind that IIDs are equipped with sophisticated technology to detect tampering attempts. Even seemingly minor alterations can be flagged by the device. Plus, you should not attempt to fool the system. Methods like using breath fresheners, trying to warm up the device, or having someone else blow are easily detectable and will result in violations.
Finally, you should report issues promptly. If you experience genuine technical difficulties with the IID, don’t try to fix it yourself. Contact your service provider immediately to report the issue and schedule a proper repair.
By understanding the seriousness of tampering and avoiding any attempts to circumvent the system, you can ensure a smoother and compliant IID program experience.
Tips to Avoid Interlock Violations in Michigan
Facing an interlock violation can be stressful and have negative consequences. Here are some practical tips to help you avoid them:
- Familiarize Yourself with the Program: Thoroughly understand the program’s guidelines, testing procedures, and potential consequences for violations.
- Maintain a Consistent Routine: Develop a habit of promptly performing rolling retests and diligently following the device’s prompts.
- Schedule Appointments in Advance: Plan your service appointments well in advance to avoid missing them. Set reminders or use calendar alerts to stay on top of your schedule.
- Never Allow Someone Else to Blow: This is a serious violation that can have severe repercussions. Always provide your own breath samples.
- Don’t Drive Without the Interlock: Before driving, ensure the IID is properly installed and functional in your vehicle.
- Report Issues Immediately: If you encounter any technical problems with the device, don’t hesitate to contact your service provider for prompt assistance.
- Stay Sober: The ultimate way to avoid violations is to maintain sobriety. By avoiding alcohol consumption altogether, you eliminate the risk of failing a breath test.
Following these tips can significantly increase your chances of successfully completing the IID program without any violations.
Facing Ignition Interlock Violations and Restricted License?
Dealing with the legalities of ignition interlock device (IID) violations and a restricted license can be overwhelming. D.G. Moore Law Firm understands the complexities involved. If you’ve encountered an IID violation and are concerned about potential consequences for your driving privileges, don’t hesitate to seek legal guidance.
Our experienced DUI defense attorneys can analyze your situation, explain your options, and fight to protect your driving rights. Visit us online or call us at (269) 808-8007 to schedule a free consultation today.
FAQs About Ignition Interlock Devices in Michigan
This article should provide a basic answer to the question “How many interlock violations can you have in Michigan?” However, if you’re unsure about the legalities or potential consequences, here are some frequently asked questions answered by an experienced criminal defense attorney.
What happens if you get a violation on an ignition interlock device in Michigan?
The repercussions of an ignition interlock violation depend on the severity of the offense. Minor violations, like missing a service appointment or failing a single rolling retest due to a technicality, might result in a program extension (usually 3 months). However, accumulating multiple minor violations within a reporting period can be classified as a major violation.
Major violations, such as failing multiple breath tests consecutively, tampering with the device, or driving without the IID installed, can lead to harsher consequences. These could include a significant program extension, license suspension, and even court hearings that could reinstate your original DUI charges.
How do you get an ignition interlock device removed in Michigan?
When you have an ignition interlock device installed, the removal process typically involves successfully completing the court-ordered IID program. The program duration varies depending on the severity of your DUI offense. Once you’ve fulfilled the program requirements, your service provider will notify the Michigan Secretary of State. They will then authorize the removal of the IID from your vehicle.
What is the law for ignition interlock devices in Michigan?
Michigan’s ignition interlock laws are outlined by the Driver License Restoration Division of the Secretary of State. The law mandates the use of IIDs for individuals convicted of DUI/OWI offenses with a BAC exceeding a certain limit or for repeat offenders. The specific legalities regarding installation, calibration, and violation penalties are clearly defined within these regulations.
What does violation 1 mean on Intoxalock?
Intoxalock is a specific brand of interlock company that manufactures IIDs. A “violation 1” on your Intoxalock device could indicate various minor offenses depending on the device model and program settings. It’s crucial to consult your service provider or refer to your program guidelines for a precise explanation of the violation code.
Important Note: If you encounter an interlock violation, it’s vital to seek legal counsel immediately. An experienced DUI defense attorney can advise you on the best course of action to minimize the impact of the violation and potentially challenge it if necessary.
Talk to a Lawyer About Your Rights After an Ignition Interlock Violation
An ignition interlock violation can jeopardize your restricted license and future driving privileges. D.G. Moore Law Firm is here to help. Our team of skilled attorneys can advise you on the potential consequences of the violation and explore options to minimize the impact.
Don’t risk losing your driving privileges due to a misunderstanding of your rights. Contact D.G. Moore Law Firm today for a free no-obligation consultation. Call us at (269) 808-8007. We’ll happily answer your questions and guide you through the process.
Related Content: When is a DUI a felony in Michigan?
