Interlock Hearings Update- New Rules

Gary S Bernstein

The MVA is proposing new Rules that help motorists using the Interlock.  If you are removed from the Program because of a VOP you will be allowed a Hearing and the suspension will be held in abeyance pending the outcome of the Hearing. This is a major change giving people who have the Interlock as a condition of probation the opportunity to show that they have not violated the conditions.  Secondly the MVA will allow two simultaneous blows within 5 minutes of .026 or less not to be deemed a failure and therefore not a violation.  The driver does not see the numerical reading that causes the failure, so some drivers just go back in the house for 20 minutes or a 1/2 hour to let whatever caused the reading to dissipate.  That will still be a failure.  The MVA will look at the second blow within 5 minutes to determine if the first reading was a mistake or the result of something in the mouth rather than the lungs.  Now it can take longer than 5 minutes for mouth alcohol to dissipate.  Our Regulations for the breath test require 20 minutes. However, this proposed Rule is a step in the right direction.