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.
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