Michigan ignition interlock violations tend to be problematic. Many people who experience interlock only seek help once the problem is there, and therein lies the issue. The ignition interlock is a way for states to keep drivers who are driving under the influence out of the streets. It allows the state to keep them out. However, disabling drivers’ ability to drive is a difficult problem. Many will break it without even knowing, resulting in a violation.
If you break ignition interlock rules, what can you do? What role do Ethyl Gluconide (EtG) tests and preliminary breath tests (PBT) play?
Understanding the Problem with Interlock Violations
The common problem with interlock violations is that they complicated and hard to comprehend. People start looking for answers only once the issue is in front of them, making any legal advice inept. Telling people how to avoid DUI problems or what recourse they have after failing their PBT can be problematic. Sure, there are things you can do to prove you’re not operating while intoxicated (OWI). This remedy is available to you even within 90 days after you provide an incriminating breath sample.
At the end of the day, it’s a problem that nobody wants. By not following the prescribed instructions about ignition interlock by the Secretary of State, you’re doing a violation. If you miss a test or even fail to do so, you have made a violation. It’s clear that the state does not want anyone to fail or miss the test. These details are crucial, as they direct people who may have interlock into clear instructions.
If you fail or miss the test, they ask you to go straight to the police station and get a PBT breath test. If a PBT breath test or a visit to the police station is impossible, you have recourse. You need to get an EtG test within 24 hours once the incident happens.
Why Not All Interlock Violations are Malicious
The problem with the current Michigan Secretary of State is the lack of proper prep instructions. Of course, anyone who is facing an interlock violation should read every detail that is in the notice beforehand. Not everyone does that, however, because that’s just how people work.
The details that need to go into the notice for interlock needs to be impossible to ignore. Interlock violations have serious consequences and need to be accessible to everyone. Failing or missing retests up to three times could result in an interlock violation. There will be special cases where the driver can’t do the PBT breath test. This includes cases like surgeries, which can muck up the test. There will be times when a driver should go with EtG test within 24 hours, but can’t.
Many of these violations happen to people who did not read their notice enough to understand their options. Those people who don’t read the interlock instructions in the order granting their appeal get this problem. Nine out of 10, people will find themselves in full violation and will have zero recourse left.
What Can You Do To Prevent An Interlock Violation?
There are a few key things you need to remember. These will help you reduce your chances of a violation. If you have interlock use instructions right now, it’s best to give these a look. Hopefully, you still have time to take care of the problems.
First, read any and all interlock use instructions that you get from the Secretary of State. Once you get your order, read everything and try to simplify the instructions for yourself. Once you do, read it again to make sure you did not miss any detail.
Next, follow all these instructions to the letter. If you’re unsure about a certain action, reference your instruction as soon as you can. See if you did any interlock violations. If you experience any problems, follow the instructions and do either a PBT or EtG test. You want to do one or the other, but make sure to do at least one. Remember that if you forget to do either, you’re not 100% screwed yet.
If you think you screwed up, it’s always vital to appeal. Make a record that you are not drinking to help your next appeal.
Dealing with Michigan Ignition Interlock Violations
If you’re facing Michigan ignition interlock violations, it’s crucial to get some help. You want an experienced criminal defense lawyer to help get you out of trouble. Do your due diligence and read as much as you can.
Once you do, set up a consult with a veteran DUI attorney who can help give you the best options for your case. Talk to us at The Clark Law Office and let’s discuss how we can deal with your problems.
