Understanding Ignition Interlock Violations and License Restoration Process in Michigan

Who Needs an Ignition Interlock Device in Michigan?

In Michigan, the Secretary of State (SOS) requires certain drivers convicted of DUI or OWI offenses to install an ignition interlock device as part of a restricted or probationary driver’s license. This requirement most commonly applies to individuals reinstating their driving privileges after multiple drunk driving convictions or those granted a restricted license following a high BAC or “Super Drunk” conviction.

An ignition interlock device is a small breath-testing instrument installed in your vehicle that prevents it from starting unless a valid, alcohol-free breath sample is provided. The device may also require “rolling retests” while driving to ensure continued sobriety behind the wheel.

The Michigan-imposed interlock program is governed by the Michigan Secretary of State Administrative Rules and Michigan Compiled Laws (MCL) 257.625k. These rules are enforced strictly, as the program’s purpose is to protect public safety and promote responsible driving behavior during a period of restricted license use.

Understanding Ignition Interlock Violations

Ignition interlock violations are reported automatically to the Michigan Secretary of State by the interlock monitoring company. When a violation occurs, the SOS typically initiates an administrative review or hearing process that may result in the suspension or revocation of your license again. Here are some of the most common violation types and what they mean:

1. Tampering or Circumventing the Device

Any attempt to disconnect, disable, or manipulate the ignition interlock device is considered tampering. Even if the device malfunctions or a mechanic must handle it for legitimate service, proper documentation must be provided immediately. Failure to do so can be treated as a violation.

2. Positive Alcohol Test Result

If the interlock device detects alcohol at or above a certain threshold (usually 0.025 BAC), it reports that result to the monitoring authority. Even one confirmed instance can lead to a review of your license status. In cases where readings are contested (for example, from mouth alcohol or faulty calibration), retesting and data logs become critical to defend yourself.

3. Skipped or Missed Rolling Retests

When the ignition interlock system prompts a retest while driving, failing to provide a breath sample within the allowed window is reported as a violation. These incidents are serious because they can appear as attempts to avoid monitoring during operation.

4. Missed Service Appointments

Each interlock device requires periodic maintenance and calibration, typically every 30 to 60 days. Missing these appointments without pre-approval or rescheduling creates a potential violation recorded with the SOS.

5. Power Loss Events

If the car battery dies or is disconnected, the interlock device may record this as a potential tampering event. It’s essential to document the reason for any power loss and immediately have the device reinstalled or serviced to avoid disciplinary action.

What Happens After an Ignition Interlock Violation

When a violation is reported, the Michigan Secretary of State will send a notice advising that your restricted driving privileges are being revoked or suspended pending review. You have a limited amount of time—typically within 14 days—to request an administrative hearing with the Office of Hearings and Administrative Oversight (OHAO), formerly known as the AHS (Administrative Hearings Section).

If no hearing is requested within that time frame, the suspension or revocation will take effect automatically.

The Hearing Process

At an ignition interlock violation hearing, a hearing officer will review:

• Data logs from your ignition interlock device
• Any calibration or maintenance reports
• Your personal testimony and supporting documentation
• Potential explanations (such as environmental or medical factors)

The hearing officer will decide whether the violation was intentional, negligent, or excusable. If the violation is upheld, your restricted or restored license can be revoked again, meaning you will lose all driving privileges and must restart the reinstatement process after a mandatory one-year revocation period for habitual offenders.

Retaining an experienced Michigan driver’s license restoration lawyer at this stage is critical. A skilled attorney can help you gather evidence, explain data discrepancies, and argue that the violation was not willful, preventing the loss of months or even years of progress.

Possible Defenses to Ignition Interlock Violations

Not every violation automatically means your license will be taken away again. Michigan hearing officers evaluate the circumstances carefully, meaning proper documentation and credible explanations matter. Common defenses include:

• Device Malfunction: Sometimes provider logs show technical errors rather than driver misconduct. Receipts, service records, and data downloads can prove your innocence.
• Mouth Alcohol or Contamination: Alcohol-based products like mouthwash, hand sanitizer, or even certain foods can trigger a false positive. Regular calibration and immediate retests help establish that readings were not due to consumption.
• Power Failure Explanation: Showing proof of a battery replacement, mechanic visit, or valid maintenance procedure can demonstrate that a power loss event was genuine.
• Prompt Retesting: If you retest successfully after a positive reading, it supports your case that the violation was not related to drinking alcohol.

Documentation and witness statements can strengthen your defense. For example, if you had to tow your car for repairs and the device lost power, paperwork from the repair shop can protect you from an unjust finding of tampering.

Michigan License Restoration After Violation

If your restricted license is revoked due to a confirmed violation, you’ll typically need to go through the full driver’s license restoration process again with the Michigan Secretary of State. This involves filing for a new hearing and proving, once more, that you have maintained sobriety and can drive safely.

Steps in the Restoration Process

The license restoration procedure for repeat DUI or OWI offenses includes several specific steps:

• 1. Period of Sobriety: The SOS typically requires at least 12 months of continuous sobriety before reinstating privileges after revocation. Extended periods of abstinence strengthen your case.
• 2. Substance Abuse Evaluation: A licensed evaluator must complete a thorough assessment outlining your recovery history, treatment progress, and prognosis for relapse prevention.
• 3. Character and Support Letters: You will need multiple notarized letters from employers, family members, or friends attesting to your sobriety and responsible behavior.
• 4. Documentation of Support Programs: Proof of continued participation in AA, counseling, or other recovery programs is strongly encouraged.
• 5. Hearing with a License Appeal Officer: You or your attorney must present all evidence to a hearing officer who will decide whether reinstatement should be granted.

The burden of proof is on you, the petitioner, to show by clear and convincing evidence that your alcohol problem is under control and likely to remain under control. This is a high standard under Michigan law.

Role of the Hearing Officers

Hearing officers in Michigan operate from regional offices—such as Livonia, Grand Rapids, and Lansing—and they follow strict procedural guidelines. They assess whether you’ve demonstrated consistent sobriety, stability, and compliance with prior interlock orders. Some officers are known for being particularly detail-oriented about interlock records or treatment documentation, so preparing thoroughly is essential.

Building a Strong Restoration Case

Successfully regaining your license after an interlock violation requires substantial preparation. Each case is unique, but effective strategies usually include:

• Obtaining a complete interlock report and reviewing every entry
• Addressing each violation in writing before the hearing
• Gathering service records to prove any equipment malfunctions
• Demonstrating continued sobriety through verified support letters
• Presenting consistent testimony that matches your documentation

Even small inconsistencies can cause a hearing officer to deny reinstatement. Having an attorney familiar with the nuances of the Michigan Secretary of State hearing process can make a substantial difference in outcome.

When to Seek Legal Help

Handling an ignition interlock violation or challenging a revocation is not something you should face alone. Hearing officers expect strong documentation, credible explanations, and legally sound arguments. Representation by a knowledgeable Michigan license restoration lawyer ensures that you present the best possible case.

If you are facing an ignition interlock violation, or if your license has been revoked after a mistake with your device, contact criminal defense and driver’s license restoration attorney Aaron J. Boria for help. We have represented clients all over Michigan at Secretary of State hearings and have successfully restored driving privileges for those who thought they were out of options.

Call us today at (734) 453-7806 or visit our website at criminal defense attorney to schedule a confidential consultation and discuss your situation.

Tips to Avoid Future Ignition Interlock Violations

Once your driving privileges are reinstated and you’re using an ignition interlock, practicing caution can help prevent costly setbacks. Here’s how to avoid trouble:

• Keep a daily log of all maintenance and calibration dates.
• Wait at least 15–20 minutes after consuming food, beverages, or using mouthwash before providing a breath sample.
• Always provide a re-test promptly when prompted while driving.
• Document any repair or service appointments and retain receipts.
• Immediately notify your provider and the Secretary of State if your device shows error messages or fails to operate correctly.

Many violations can be prevented through good record-keeping and communication. Being proactive shows both your commitment to compliance and your dedication to safe driving.

Key Takeaways

• Ignition interlock devices are required for many Michigan drivers reinstating their license after OWI-related suspensions.
• Violations such as positive tests, tampering, or missing calibrations trigger automatic Secretary of State actions.
• You must request a hearing within 14 days after receiving a violation notice to contest it.
• Loss of a restricted license often requires restarting the license restoration process.
• Proper documentation, credible explanations, and legal representation increase your chances of success.

Michigan takes ignition interlock compliance seriously, but violations do not have to end your driving future. With professional preparation and direct guidance from an experienced attorney, it’s possible to preserve your privileges or regain them efficiently.

Conclusion

The ignition interlock program in Michigan is designed to encourage responsible driving and provide a pathway to full license reinstatement after serious driving offenses. While violations are taken seriously, many can be explained or resolved through careful documentation and legal advocacy. Whether you’re disputing a violation notice or preparing for a license restoration hearing, quick and informed action is the key to protecting your driving privileges.

If you’ve experienced an interlock violation or need help restoring your license, don’t wait to seek assistance. Contact Michigan criminal defense lawyer Aaron J. Boria at (734) 453-7806 for a free consultation. Having a knowledgeable advocate ensures you understand your rights, meet all requirements, and get back on the road with confidence.