What Constitutes a “Habitual Offender”?

If a driver has any of the following combination of drunk or drugged driving convictions, Michigan law indicates that he or she is a
“Habitual Offender”:  two or more convictions within 7 years; or three or more convictions within 10 years. The Michigan Secretary of State is required to revoke the driver license of a Habitual Offender and deny his or her application for another license.

After the minimum period of revocation/denial, a Habitual Offender may be eligible for a driver’s license appeal hearing. If a restricted license is ordered, the hearing officer must require that the Habitual Offender install a Breath Alcohol Ignition Interlock Device [BAIID] on any vehicle he or she owns or intends to operate.

Learn about Ignition Interlock violations here.

 

If you’ve received notice of an Ignition Interlock Violation, and need assistance, please call us.  We’re well-versed in the mechanics/administration of BAIID devices, and have successfully defended hundreds of BAIID violations.  Contact Geherin Law Group, PLLC. today 24/7.

What are BAIID Violations?

Violations of the BAIID program for habitual offenders are divided into "minor" and "major" categories.

Minor Violations:

You have 2 months after the BAIID is installed to become familiar with the device, and to learn that certain substances, such as mouth wash, may cause the device to record a test failure. After the first 2 months, it is a minor violation if the BAIID records 3 start-up test failures within a monitoring period. A start-up test failure means the BAIID has prevented the vehicle from starting. A monitoring period is the full length of time the BAIID is required to be properly installed.

If the driver fails to report the BAIID installer for service within 7 days after his or her scheduled monitoring date, it is a minor violation.

Major Violations:

• Rolling retest violations:
• Failing to take the rolling retest when prompted by the BAIID; or
• The random retest detects a BAC of .025 or higher, and there is no subsequent sample with a BAC of less than .025 within 5 minutes.
• An arrest or conviction for drunk and/or drugged driving.
• Tampering with the BAIID.
• Circumventing the BAIID.
• Three minor violations within a monitoring period.
• Removing the BAIID without having another device installed within 7 days, unless the Secretary of State has authorized the removal.
• Operating a vehicle without a properly installed BAIID.

Learn more about Ignition Interlock violations here.

If you’ve received notice of an Ignition Interlock Violation, and need assistance, please call us.  We’re well-versed in the mechanics/administration of BAIID devices, and have successfully defended hundreds of BAIID violations.  Contact Geherin Law Group, PLLC. today 24/7.