Legal Question in DUI Law in Michigan

Breathalyzer from 2nd Offense

I have two OUIL's on my record. After the second one, I was required to have a breathalyzer in my vehicle for one year. The year has lapsed, but I haven't been to the Drivers License Appeal Division for a new hearing yet. Is it legal for me to drive my car WITHOUT the breathalyzer since a year has passed, or do I need a new hearing first? Thanks.


Asked on 6/01/02, 8:08 am

3 Answers from Attorneys

Timothy Trichler Timothy R. Trichler - Attorney and Counselor at Law

Re: Breathalyzer from 2nd Offense

Greetings; I would need to examine the order to determine exactly how it operates. Until then, I would suggest that you continue to follow the order. Thanks, Atty. Trichler; www.trichler.com

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Answered on 6/01/02, 8:36 am
John C. Talpos Talpos & Arnold

Re: Breathalyzer from 2nd Offense

Hello, I have received a copy of your question regarding removal of the Ignition Interlock device that you have on your car. NO! You may not remove it without authorization from the Secretary of State and still drive. You must request a hearing before you do that. Be advised that authorization for removal is not automatic. My firm specializes in drinking matters such as yours. Feel free to call me if you are interested in having us represent you in a hearing before the Secretary of State. John C. Talpos (http://www.Mich-Lawyer.com)

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Answered on 6/01/02, 9:12 am
Eric I. Kutinsky THE MICHIGAN LEGAL TEAM, P.C.

Re: Breathalyzer from 2nd Offense

You need to have the interlock device removed before you can drive. The Sec of State/Court must be apprised of the situatuation and approve. Please contact me, and we can get you driving again w/o the device. Office (248) 737-7000 or 24 hour voice mail/pager (800) LAW - 6685. www.kutinsky.iwarp.com

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Answered on 6/02/02, 2:18 pm


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