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Breath Alcohol Ignition Interlock Device (BAIID) Violations


In the state of Michigan or probably anywhere else in the world, you are just digging yourself an even bigger hole if you drive even though your license has been revoked. You do not need to worry though because there are some ways that you can continue enjoying the privileges of your driver’s license while you get your license reinstated but these are all limited. 

Here at Haque Legal, we suggest that you do your best to never get your driver’s license revoked. However, when the worst thing happens and you have lost your driving privileges, there are some things that you should do to get your driver’s license back.

What are the violations that I should prevent?

There are different violations relating to the use of the BAIID and they are the following:

Failure to pass the rolling retest

It bears noting that your device would have its own very specific rolling retest. The rolling retest is done at random and there is no way that you will know when it would happen and how it would happen. The device would just make a sound and tell you that it is time to get tested. 

Even if you passed the first test and it allows you to open your vehicle and drive once you failed the rolling retest the vehicle would assume that you are drunk and this would be reported as a violation on your part. Keep in mind that the rolling retest is one of the things that are out of your control so as long as you are driving make sure that you are not drinking or doing anything else.

An arrest or conviction for drunk driving or driving under the influence.

In some instances, you may get arrested for driving under the influence or for drunk driving even if you pass the device requirements. If the police officer would stop you and see that you are under the suspicion of driving under the influence or drunk driving the positive results on your device would not be able to help you and the process as required by law would continue.

This violation of the device would cause you not just another conviction but it may cost you your driving privileges for your lifetime. 

An attempt to tamper or tamper with the BAIID.

Any attempt to tamper or tamper with a device is dealt with to the fullest extent of the law. Tampering with the device includes any kind of manipulation that aims to change the results of the device to allow the driver to drive even under the influence. The device on your vehicle will also be subjected to random testing so you mustn’t attempt to temper or tamper with it. 

Three Minor Violations

A combination of three minor violations is also considered a major violation. 

Removing the BAIID

Removing the device from your vehicle is a big no-no. At any instance, you are not allowed to touch it or operate it without the purpose of just getting tested. 

Operating the vehicle without the BAIID

Another major violation would be operating your vehicle after the removal of the device. In some instances, the court will assume that after removing the device you operate your vehicle. The burden then moves towards you and you have to prove that you operate your vehicle with the device and it was just not working or that you did not operate the device at all.

Driving Someone Else’s vehicle

Driving someone else’s vehicle is also a big problem that you should not give yourself.

What happens if I am convicted of the violations?

It depends on the violation that you committed.

  • For minor violations, you should expect at least three months extension on the use of the device on your vehicle.
  • For major violations, as listed above, you should expect that your license revocation will be immediately reinstated. 

What can I do?

You need to contact Haque Legal if you are already on the part where you have your license re-revoked by the State of Michigan. We would do our best to may appeal that action to the Office of Hearings and Administrative Oversight within 14 days. You can fully help yourself by contacting your lawyer and making sure that he knows what is happening and what you did to properly protect yourself.

It bears repeating one more time that driving in the state of Michigan is a privilege. Any violation that you did that cost more problems to the state will be leading to more problems for you.

Let Haque Legal Help You With Your Charges

Now that you know some facts about how you can get your license restored in Michigan it is time to get down to it. If you require a lawyer who can assist you with ensuring that you protect your rights to your property, it is important to know that you also have a team that can help you out with your specific needs. 

Our law firm is dedicated to making sure that those who are innocent will be protected by the law and the full extent of justice will be used.


The article that you have read is based on general applications of the law. It is not legal advice and it is not to be construed as any legal consultation with the firm. No client-attorney relationship is created when you read the articles we have provided.

Let us help you out

If you need a lawyer to help you during your license restoration proceedings, call us immediately.

The post Breath Alcohol Ignition Interlock Device (BAIID) Violations appeared first on Haque Legal.

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