If your driving privileges are reinstated after two or more operating while intoxicated convictions or during/after sobriety court completion, you may be required to use a breath alcohol ignition interlock device. A breath alcohol ignition interlock device, commonly known as a “blow and go” or “BAIID”, monitors the amount of alcohol in your system and prevents you from starting or operating your vehicle if your blood alcohol content is higher than the allowed limit. The use of these devices allows people to regain driving privileges, however, they often malfunction. These malfunctions can falsely record a higher level of alcohol, a power failure, a missed/skipped re-test, or a tamper/circumvent. If you experience any of these violations your license revocation or suspension may be reinstated by the SOS, taking away your driving privileges once again.
The SOS monitors the BAIID device in your vehicle. If they see any form of “major violation” they will mail you notice of that major violation and subsequently reinstate the revocation of your license. If you receive a notice of interlock violation you must request an interlock violation hearing with the Secretary of State within 14 days of the revocation. If you do not request the interlock violation hearing within the required timeframe, you lose the ability to challenge the violation and you will lose your license.
At Tanis Schultz, we defend people who experience false positives or equipment malfunctions that result in these interlock violations. False positives can result from device malfunctions such as eating specific types of foods prior to driving, like donuts or pizza (yeast!). Other times, medication or mouthwash can produce a false positive. We always encourage our clients when they are granted a restricted license with a BAIID device to wash their mouth out with water prior to blowing into the device. This helps clear anything “strange” that may cause a false positive.
Another violation you may see is a rolling retest failure. This is where the device asks you to retest, often times when you are driving, and you “miss the test.” Our office has extensive experience representing clients with rolling retest failures. Recently, we had a client who was singing while driving and had the music up too loud to hear the beep of the device! Our client was promptly placed back on their interlock restrictions after a successful hearing with us. Possibly the strangest rolling retest failure we have seen to date was when our client was violated for a rolling retest failure – failing to blow into the device. When we obtained his interlock log report from the interlock company it actually showed that he blew into the device 8 seconds after the device requested the blow, but the interlock system did not register the blow and violated him! Our client was immediately placed back on his restricted license status and was on the road once more.
We also defend individuals who experience other types of violations such as power failures or tamper/circumvents. Power failures often happen when vehicle batteries die. The interlock device is hooked into your car’s electronic system so it is draining your battery. If you do not drive frequently or have a trickle charge on the battery, you will likely experience a power failure that will lead to a tamper/circumvent violation. Additionally, if your car needs to be jumped or you change your battery, all of these circumstances can lead to power failures and interlock violations.
Depending on the nature of the violation, you could face additional restrictions or lose your driving privileges altogether. Therefore, it is extremely important to obtain a hearing with the Office of Hearings and Administrative oversight and obtain experienced representation to fight for you. As shown above, we have a record of success at driver’s license hearings regarding interlock violations. We know what to look for, how to defend it, and how to get you back on the road.
If you have or suspect you may have an interlock violation, contact our office today for a free consultation to discuss your options.