This blog continues the focus on interlock violations in the context of drivers license restoration Michigan. The last blog discussed tamper/circumvent violations and Michigan drivers license restoration. This blog will discuss rolling retest violations.
The interlock device will require breath samples when the car is operating. If a sample is not submitted within 5 minutes of a request, a rolling retest is committed. Further, if a sample below .025 is not provided within 5 minutes, it is a violation. Why is it so important to provide a sample when one is requested? A negative sample tells the Michigan Secretary of State that alcohol is not involved in the driving of the vehicle. Any Michigan license lawyer will tell you that the consequences for not providing a sample are severe: it is a major violation resulting in a loss of all driving privileges. This is because when a sample is not provided, the Michigan Secretary of State is concerned about possible alcohol use while driving. Further, if the sample is not below .025 within 5 minutes, it is a major violation resulting in a revocation of driving privileges.
You are urged to consult with a Michigan drivers license reinstatement lawyer about any rolling retest violation. Keep in mind that you must request a hearing within the 14 day deadline to contest any violation. Proper defense of a rolling retest violation is vital. Important factors in determining the outcome of your case are: was the device working properly, were all the readings negative, when were the samples before and after the violation and what were the results, and why was a sample not provided. A Michigan drivers license restoration lawyer can advise you on how to proceed and how to present the evidence at your violation hearing.