Ignition interlock violations are fairly common in Michigan driver’s license restoration cases. In this relatively compact, 2-part article, I want to focus on the worst kind of violation: a start-up failure where the person just walks away from the vehicle, and does not, thereafter, obtain either a PBT or EtG test to show he or she hadn’t been drinking. I wish there was some way that this piece could be read by everyone on an interlock BEFORE they run into any trouble, but the reality is, most people will find it when they’re looking for help after something has gone wrong. At a minimum, what we’ll cover will help explain why this specific type of interlock violation is so problematic.
Before we get to that, we should clarify the term “violation.” Everybody, including the Michigan Secretary of State hearing officers, uses the word “violation” to mean 2 very distinct things: first, to describe an event or incident that fails to meet the requirements of proper interlock use, and second, to describe a formal hearing scheduled when any such incident(s) results in someone’s license being revoked all over again. Things would be much clearer if we described the former as something like a “non-compliant incident,” and the latter as a “violation hearing.” Don’t hold your breath for that, however.
Instead, any missed rolling retest, startup failure, tamper/circumvent or positive breath test result is simply, albeit erroneously, called a “violation.” Under the interlock rules, if a person has even 1 missed rolling retest or a tamper/circumvent, he or she is formally “violated,” and his or her license is revoked all over again. As if what we’re talking about isn’t confusing enough, that re-revocation of a license is technically called the “reinstatement of original action.” The only way for someone to get their license back is to request a hearing within 14 days from the date that reinstatement of original action (the revocation) goes into effect, which is usually about a week or so after he or she receives a notice of the violation from the Secretary of State.