Ignition interlock violations seem to surge in cycles, and I have recently seen more than I can ever recall. Unfortunately, a lot of the calls I get are from people who have opened their mail to find out that they lost a violation hearing after having tried to handle it themselves, or with some lawyer who does not concentrate in driver's license appeals. As a bona-fide Michigan driver's license restoration lawyer, I'm putting this article up to warn the reader of the dangers of trying the low-budget approach to handling an interlock violation because the stakes boil down to saving your license, or losing it completely.
In other articles, I have examined some of the reasons underlying an ignition interlock violation. There is no reason to repeat all that here. The simple fact is that if you receive an ignition interlock violation, you also discover that your license is being revoked all over again, and you have to request a hearing to get it back. If you fail to win your hearing, you not only lose your license, but will also place an obstacle - potentially huge - in the path of ever getting it back again. If there was ever a time to do something the right way, it's when you're the Secretary of State notifies you of an interlock violation.
Probably the first and biggest mistake people make is thinking that the point of a violation hearing is to go in and explain things. That will not work. On this point, I have to be clear: In a violation situation, you have essentially been accused of doing something wrong. The state, meaning the DAAD (the Michigan Secretary of State Driver Assessment and Appeal Division) takes this so seriously that it doesn't just threaten to take your license away; instead, the DAAD promptly revokes it again, and then informs you that the only way you can get it back is to request and win a violation hearing. This is a legal proceeding; you don't just "explain" things. You either win, or the state will keep your license.
First, you have to timely request a hearing. Even if you do, you absolutely cannot prevent your license from being revoked all over again. In other words, you won't even be able to drive to your own violation hearing. On top of that, once your license has been re-revoked, you stop accumulating credit for the mandatory minimum one-year on the interlock. This means that if you have already spent the first six months on the interlock, and then you get violated, you'll have to wait the usual 10 to 12 weeks from the request date to get your violation hearing date. If you win, you will have to wait at least another 2 weeks thereafter to get your decision in the mail, you will lose those 12 to 14 weeks of time on the interlock and restricted license that you will have to make up. Accordingly, the date when you can get off the interlock and go for a full license will be pushed forward by at least another 3 more months. And that's assuming you win; if you lose, you're pretty much done...