The Ignition Interlock Device
A BAIID is a breath alcohol analyzer that connects with the ignition and other systems of a motor vehicle. The BAIID system uses technology to measure the blood alcohol content (BAC) and capture the image of the person (the driver) giving a breath sample. It requires the driver to provide a breath sample when the vehicle is started and at various intervals while the vehicle is running or being driven. After the vehicle is started, the subsequent samples are called “rolling re-tests”. A vehicle will be prevented from starting if the breath sample (BAC) is .25% or more.Who is Required to Have a BAIID Installed on a Motor Vehicle?
According to the Michigan Secretary of State, a BAIID is required as a condition to receive a restricted license for the following legal situations:
- Super Drunk Driving: The secretary of state will impose mandatory license sanctions upon a person convicted of super drunk driving, or OWI with a high BAC of .17% or more. The license sanction imposed for super drunk driving is as follows:
- 1 year suspension, with no driving for the first 45 days, followed by a restricted license with a BAIID device 320 days.
- A person convicted of super drunk driving may opt to wait out the license sanction period and apply for an unrestricted license after the 1 year suspension period has expired.
- Repeat DUI Offenders: A person is considered a repeat DUI offender, or habitual DUI offender, of Michigan’s drunk driving laws if the peson is convicted of 2 DUI offenses within 7 years or 3 DUI offenses within 10 years. The drivers’ license of a repeat offender will be REVOKED indefinitely, and that person will not be able to drive again until approved by the Michigan Secretary of State, Office of Hearings and Oversight (OHAO). A person that prevails at an OHAO hearing will be granted a restricted license with the BAIID device. The person cannot remove the device without Secretary of State approval. A full license may be requested at a second OHAO hearing.
- Drunk Driving Causing Death or Serious Injury: A single offense of DUI causing death or serious injury will result in an indefinite revocation of driving privileges.
- Sobriety Court/Drug Court: Sobriety Court program allows eligible repeat DUI offenders to obtain a restricted license with the BAIID component. Without Sobriety Court, the repeat offender would not be able to operate a vehicle until approved by the OHAO after serving a minimum mandatory period of revocation (usually 1 year).
The following is a summary of instructions that you will receive if you are granted a restricted license with a BAIID system:
- Never leave your vehicle unattended while it is running or you could risk a major violation for missing a rolling re-test which is a major violation.
- Periodically start your vehicle to keep the battery charged.
- Contact the interlock company before you take your car into a repair facility or perform any repairs on your vehicle (battery replacement, etc.)
- Keep dated clear records, receipts of any repairs to the vehicle.
- DO NOT EAT OR DRINK anything within 15 minutes before testing.
- DO NOT USE products that contain alcohol (mouthwash, inhalers, cold medicine, etc.)
- If alcohol is detected by the BAIID, you MUST rinse with water and provide a sample within 5 minutes.
- If there are any problems such as an alcohol reading, missed rolling retest or power loss, you should obtain an independent BAC test to prove you were not drinking.
- You are responsible if you let anyone else use your car.
- Make sure that you are in view of the BAIID camera when you provide a sample.
- Notify the Secretary of State within seven (7) days of the removal of your device and the installation of a device from another company.
In addition to the above instructions, you should follow any instructions provided by your BAIID installation company. In addition, you should keep track of any possible witnesses that you may need to testify if you are unfairly charged with a BAIID violation.How Long Do I Need to Wait Before Giving a BAIID Sample if I Drank Alcohol?
You should read this if you are on a blow-and-go (BAIID) and you have consumed alcohol. The question is: How long does it take before alcohol is undetectable by the BAIID? The passage of time is the only way that alcohol is metabolized and leaves the body. The more alcohol that is consumed, the longer it will take to be eliminated from the body. The metabolism, or elimination rate, for alcohol is 0.015% per hour (approximately 1 drink per hour) for most individuals. The following variables are used to define “a drink” since there are higher or lower amounts of alcohol in one drink versus another. A drink is equal to the following:
- 12-ounce beer (with 5% alcohol)
- 5-ounce glass of wine
- 1 ounce 100 proof shot
A BAC chart is a handy way to estimate blood alcohol content. The BAC Chart link referenced gives an example of the approximate blood alcohol content (BAC) of a 180-pound man, after consuming 8 drinks in a 4-hour period, factoring in a .15% elimination rateBAIID Violations and BAIID Violation Hearings Before the OHAO
Getting your license back, even with the BAIID, is a big step towards getting your license fully restored. Most individuals that are granted a restricted license with the BAIID wind up getting a full license. However, problems can occur while using the BAIID equipment that can result in a setback.
BAIID violations: BAIID violations are classified as "minor" and "major" violations.
Major Violations: The following are considered to be major BAIID violations:
- Rolling retest violation:
- Failing to take the rolling retest when prompted by the BAIID; or
- 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 DUI.
- Tampering or circumventing with the BAIID.
- Three minor violations within a monitoring period.
- Removing the BAIID without having another device installed within 7 days.
- Operating a vehicle without a BAIID when one is required.
BAIID Violation Hearings: If a major violation is reported to the Secretary of State, the driver will be notified of his or her right to contest the violation by requesting a hearing within 14 days. A hearing will be scheduled and the OHAO hearing officer may order any of the following after a hearing is held:
- Reinstatement of the revocation.
- Dismiss the BAIID violation and reinstate restricted license with BAIID.
- Extend the period required for restrictions and the BAIID.
Tamper and circumvent violations are major BAIID violations which are usually the result of electrical system glitches, battery failures and other unexpected mechanical problems.
Alcohol violations are another matter. Primarily, we want to know if the alcohol violation falls into one of the following scenarios:
- False positive
- Ingestion of alcoholic beverages
- Incidental alcohol consumption not related to alcoholic beverage consumption such as use of cold medicine or mouthwash
You should record (write down) any relevant information as soon as you are made aware of a BAIID violation. Your attorney may be able use the recorded/written information as evidence at an OHAO hearing. Also, here is a list of steps that you can take to fight a BAIID violation:
- Getting a back-up BAC test (breath, blood, urine, ETG) as soon as possible.
- Keeping notes of any issues surrounding the violation.
- Contacting the BAIID installer immediately of any BAIID irregularities.
- Keeping receipts for any mechanical/electrical issues and/or service.
- Obtain statements from any witnesses that have first-hand knowledge regarding the violation and can attest to your sobriety and circumstances surrounding a BAIID violation.
If you have a complaint against a BAIID vendor or manufacturer, you may contact the OHAO by writing to the Office of Hearings and Administrative Oversight:
Michigan Department of State
Office of Hearings and Administrative Oversight
P.O. Box 30196
Lansing, MI 48909-7696
Contact ABDO LAW for attorneys that specialize in driving under the influence, license appeals and BAIID violations. FREE CONSULTATION and SAME DAY APPOINTMENT! Phone: (586) 412-5555.