I have the interlock device lock in my car and I blew a failed test starting the car but I don't drink, what happens now?
Question Details:
Dont' know what the BAC level will be. I passed the test about an hour later. Now I am afraid to drive the car. What is going to happen to me with the state and with probation?
If you think that the device is malfunctioning then you need to report the malfunction right away. Interlock devices are monitored very closely by the State and violations are taken very seriously.
Apparently violations are divided into "major" and "minor" violations.
Minor violations include:
-
Two months or more after the BAIID is installed, 3 start-up test failures (BAIID prevented vehicle from starting) occur within a monitoring period.
-
The petitioner fails to report to the BAIID installer for monitoring within 7 days after his/her scheduled monitoring date.
Major violations include:
- A rolling retest violation (the random retest detects your BAC at 0.04 or more while driving) with no subsequent sample less than 0.04 within 5 minutes.
-
A §625g permit is issued.
-
Receives a §625l conviction (crimes for tampering with the device).
-
Reported of tampering or circumventing or attempts to tamper or circumvent without a conviction.
-
Three minor violations within a monitoring period.
-
BAIID is removed and not installed in another vehicle within 7 days.
Minor violations will result in a three month BAIID extension, making persons ineligible for a hearing at the end of the original one-year requirement. Major violations will result in an immediate reinstatement of the revocation/denial subject to an administrative hearing.