Ignition Interlock Device Q&A

I recently received this e-mail from a client who I helped obtain a hardship license on a 2nd offense OUI.

I have successfully dealt with the interlock for a year and a half – I have maintained my sobriety date of July 26, 2010 but have had two recent issues and I am soliciting data from the interlock company – Draeger.  Three months ago, and again last week, I was warned by the interlock unit I had two days before being locked out.  The message came out of nowhere with no warning.  In both cases when serviced at the dealer, the file indicated I had “refused” a retest request 2 separate rimes – which results in the warning of the immanent lock out.  It happened 3 months ago and again last week.  I have contested this with the garage and with Draeger and they are sending me the detailed data of each test and when the issue occurred.  I am sure it is a malfunction but Draeger sees nothing in the data to suggest it is.  I have not received any kind of notice from the State but I want to be proactive,.  Should I see you?  Should I arrange a time with the hearing officer?  My removal date is September 2014 and I have been clean other than 2 false positives back last summer when I used an epinephrine inhaler and with bug spray – otherwise totally clean.  Do I need to worry?  I greatly appreciate your help and am happy to pay for your consult.  God bless the folks that continue drinking – if this is the crap that happens with a sober person I can only imagine what happens to a person who consumes alcohol.  Thanks

Here’s the answer:

Two Missed Rolling Re-tests within one Service Period will initiate a lockout and you need Two Lockouts due to Missed Rolling Re-tests to constitute an Ignition Interlock Violation. Therefore, I don’t think that you will receive a hearing notice. In order to get the device removed, you must have no “infractions” within the 6 month period immediately prior to your removal date. Two Missed Rolling Re-tests within one Service Period constitutes an infraction, So long as you do not have any infractions between April of 2014 and your removal date in September, you should be all set.