If your driving privileges are reinstated after completing a DUI sentence in Michigan, you will probably be required to use a breath alcohol ignition device during the first year of your driver's license reinstatement period. A breath alcohol ignition interlock device (BAIID) monitors the amount of alcohol in your system and prevents you from starting the car if your blood alcohol content (BAC) is higher than allowed. Using the device allows people to regain partial driving privileges. However, these devices frequently malfunction, falsely recording a higher level of alcohol than allowed that may result in a violation to the ignition interlock device mandate.
At the law office of Grabel & Associates, we defend people who experience false positives or equipment malfunctions that result in restricted license violations. False positives can result from device malfunctions or from using mouthwash and eating specific types of foods prior to driving. If the car is shared with another person, the interlock device must still be used, possibly recording a higher BAC than allowed because the other person had been drinking. The device does not distinguish between drivers and records the result.
There are numerous problems related to the BAIID in addition to false positive readings. The interlock ignition device must be calibrated frequently in order to maintain accuracy, and the driver is responsible for such maintenance. The driver is also responsible to pay for the device. In addition, the driver sometimes must retest while the car is moving or it will stop, causing traffic congestion and accidents. These and other issues can result in false results and even other traffic violations.
Depending on the nature of the alleged violation, the BAIID may be on your car longer or you may lose your driving privileges altogether. Our law firm works with experts in the field to determine whether the violations against you resulted from incorrect calibration or malfunction. If a false positive or malfunction leads to revocation of your driving privileges after a DUI or OUI trial, you will be able to defend yourself at a DAAD/DLAD hearing (Driver Assessment and Appeal Division, a division of Michigan Secretary of State). We have a record of success at DAAD/DLAD hearings after false positives or malfunctions of BAIIDs.
Contact our law firm to learn how our law firm can help you at a DAAD/DLAD hearing after an alleged interlock device violation. We help clients throughout Michigan with all issues related to DAAD/DLAD hearings.
Learn More: What you need to prove at a DAAD/DLAD hearing