Interlock Violation? Don’t Panic — Fight Back.
A single interlock violation can undo months of progress and cost you your restricted license. Let Attorney Brandon McNamee defend your driving privileges before it’s too late.
Michigan Interlock Violation Defense
If you have a restricted license with an ignition interlock device (BAIID) and you receive a violation notice, you have a very limited window to act. The Secretary of State can reinstate your full revocation — meaning you lose everything you fought for in your license restoration case.
Interlock violations happen for many reasons, and not all of them mean you actually did anything wrong. Devices malfunction. Mouthwash, hand sanitizer, and certain foods can trigger false positives. We investigate every violation aggressively.
Common Types of Interlock Violations
Failed Breath Test
The most common violation. Your device recorded a breath alcohol reading above the threshold. Mouthwash, certain medications, fermented foods, and device calibration issues can all cause elevated readings.
Missed Rolling Retest
Your device prompted a retest while driving and you failed to provide a sample within the required time window. Sometimes this happens because you were in traffic or couldn’t safely pull over.
Tampering or Circumvention Allegation
The device logged an event that suggests interference — a disconnected power source, irregular breath patterns, or suspected use of an air supply other than your own breath.
Missed Service Appointment
You failed to bring your vehicle in for a scheduled device calibration and data download within the required timeframe.
Vehicle Operation Without Device
Driving a vehicle that doesn’t have an interlock device installed.
How We Defend Interlock Violations
Device Data Analysis
We obtain and analyze the complete data log from your interlock device. Patterns in the data often reveal technical issues or device malfunctions that explain the violation.
False Positive Investigation
We document potential sources of false readings: mouthwash, hand sanitizer, medications, environmental conditions, and the device’s calibration history.
Expert Technical Testimony
When needed, we work with experts who understand interlock device technology and can testify about device limitations and error rates.
Hearing Officer Advocacy
We present your case to the OHAO hearing officer with organized evidence and clear arguments.
Transparent Pricing
Interlock Violation Defense: $1,500*
Our flat fee covers your complete defense from the moment you call us through your hearing and resolution.
- Emergency case evaluation
- Complete interlock data analysis
- Evidence gathering and preservation
- False positive investigation
- Hearing preparation session
- Full hearing representation
- Post-hearing follow-up
*Fees apply to standard matters only. Final fees may vary.
Interlock Violation FAQ
How much time do I have to respond to a violation?
You have a very limited window. Call us immediately at (810) 982-2020 so we can protect your right to a hearing.
Can mouthwash cause a failed interlock test?
Yes. Many mouthwashes contain alcohol (some as high as 25%). Hand sanitizer vapors, certain medications, and some foods can also trigger elevated readings.
What happens if I lose my violation hearing?
Your restricted license can be revoked and you may need to start the license restoration process over again. That’s why fighting the violation immediately is so important.
What Happens After an Interlock Violation in Michigan?
When the Secretary of State receives notice of an interlock violation, they will schedule a hearing to determine whether your restricted license should be revoked. This hearing is your one chance to present evidence and argue that the violation was not caused by alcohol consumption or intentional misconduct.
The timeline is critical. Once you receive notice of the violation hearing, you typically have a limited window to respond and prepare your defense. Failing to act quickly can result in an automatic revocation of your restricted license, forcing you to restart the entire license restoration process from scratch — including a new waiting period, new substance abuse evaluation, and a new hearing before the OHAO.
Why Choose McNamee Law for Interlock Violation Defense?
Attorney Brandon McNamee has defended hundreds of interlock violation cases across Michigan’s Thumb region and statewide. As a third-generation attorney with deep knowledge of the Secretary of State’s hearing process, he understands exactly what evidence hearing officers need to see and how to present your case in the strongest possible light.
Many clients come to us after receiving a violation notice and feeling overwhelmed. The truth is that many interlock violations are caused by device malfunctions, environmental factors, or innocent mistakes — not by alcohol use. With the right legal representation, these violations can often be successfully challenged. Do not wait until your hearing date to seek help. Contact McNamee Law today at (810) 982-2020 for a consultation about your interlock violation case.
Got a Violation Notice? Act Now.
Every day you wait puts your restricted license at greater risk.
(810) 982-2020
Monday – Friday, 9 AM – 4 PM
Related Services
Successfully resolved your interlock violation? Learn about our interlock removal petition services to get the device removed and restore your full driving privileges. If your violation is connected to a DUI charge, see our DUI/OWI defense page. For those who lost their license entirely, we also handle driver’s license restoration.