As of June 2016, state law mandates that the BAIID must include a camera capable of recording a digital image of the individual providing the sample. The device will also ask for random retests while the person is driving (aka “rolling retests”).
If the BAIID records three start-up test failures in a monitoring period, or one rolling retest failure, or if it detects tampering, the vehicle must be taken to a service center immediately. These are called major violations. If that service isn’t done, the BAIID will go into a “permanent lockout” mode, and the vehicle cannot be operated. Additionally, the driver will not be able to drive at all until their violation hearing, which must be scheduled by the driver.
Test failures, tampering, or other BAIID related major violations may require that the original license revocation/denial be reinstated. Leaving your car running is the most common mistake that results in a rolling retest failure.
Ignition Interlock Device Problems
The biggest flaw of BAIIDs are that they’re not specific to the alcohol they detect. When you’re in a life-altering situation such as a drunk driving offense, it’s important to have the most accurate results as possible.Breath tests, such as the Datamaster, detect the presence of alcohol using infrared absorption spectrometry.
However, the BAIID doesn’t discriminate based on the source of the alcohol detection. Therefore, windshield washer fluid, gasoline, paint solvents and any other product that contain alcohol are detectable by your BAIID.
Even certain foods/products such as vanilla, pizza, mouthwash and energy drinks are detected as alcohol by the BAIID. Eating or drinking these before blowing into the device can cause a false reading. Therefore, carrying a bottle of water at all times is a good idea in case you have to retest due to consuming the food and liquids listed above.
It’s important to remember that if you can smell things like paint solvents in your car, it’s quite possible that the interlock device can detect it as well. If you fail a start-up test, you should get an independent etg breath test done from your local police station immediately to demonstrate your sobriety.
Fighting a False Positive Reading at a Violation Hearing
Once a major BAIID violation is reported to the Michigan Department of State Driver License Appeal Division (DLAD), the driver’s restricted driving privileges will be revoked. Typically, a violation hearing is scheduled within eight weeks.Therefore, the driver cannot drive whatsoever within those eight weeks. The hearing isn’t automatically scheduled; it must be requested by the driver.
In this time, it’s vitalto collect all documentary evidence, including receipts, witness statements, camera footage, etc. If persuasive, this documentation, along with your personal records, will drastically increase your chances of success at a violation hearing.
You don’t want to wait until the last minute; it’s important you gather all necessary forms of evidence in a timely manner.
Changing BAIID Vendors
If necessary, you do have the option to change BAIID vendors. However, you must have a new device installed within seven days after the previous one is removed. You must also send your new installation certificate to the SOS’s Office of Hearings and Administrative Oversight.
Additionally, you must submit a BAIID report from each vendor at your next license appeal hearing. You’ll be responsible for all the fees you agreed to in your contract with each vendor.
Once the driver’s license is revoked, the driver must wait a year before trying to appear in front of a hearing officer to get a license. While rare the first time around, they might be granted full privileges. Most who are successful are granted a restricted license and must drive on it for onefull year before trying to restore full driving privileges.
If the SOS orders a restricted license for you with a BAIID requirement, you must drive under the restrictions, with a properly installed BAIID, for at least onefull year.
When yo’u’re eligible, you may request a license appeal hearing to ask that the restrictions be removed from your license. At that hearing, you must present the report(s) from your BAIID provider(s) to prove that the device was installed for at least the minimum required length of time.
You must also establish whether there were any alcohol readings or other BAIID violations. This is where you will present your evidence to the contrary, with a skilled lawyer by your side.
*If you have ANY questions about the BAIID installed on your vehicle, ask your installer. Make sure you understand how to operate the BAIID before you leave the installer’s place of business. You will be responsible for the consequences of the device’s operation.
Attorney Morris is trial lawyer who has been providing high-quality legal representation in the areas of state and federal criminal defense for more than 20 years. He’s known for his trial preparation by fellow attorneys, judges and clients alike. As a trial attorney, he’s dedicated to attaining justice in every case, and is always prepared to successfully take on complex legal issues. Barton and his law firm pride themselves on obtaining results for their clients that other attorneys cannot.
Not only does Barton Morris have extensive experience, he also engages in continuing legal education to provide the highest quality legal services. Barton has received specialized scientific training through the American Chemical Society, and is the only forensic lawyer-scientist in Michigan. He attended the prestigious Trial Lawyers College and serves on its Alumni Association Board of Directors. Barton Morris is also a board member of several distinguished legal associations including the Michigan Association of OWI Attorneys, and the DUI Defense Lawyer’s Association Justice Foundation. He’s also an active member of the National Association of Criminal Defense Attorneys and has graduated from their National Criminal Defense Trial College in Macon, Georgia.
Barton Morris is consistently chosen as a Top Lawyer of Metro Detroit and for DUI/OWI and criminal defense by DBusiness Magazine and Hour Magazine. He has also been chosen as a Super Lawyer in Criminal Defense.