“I received a letter from the DMV indicating that I was not in compliance due to an alleged alcohol violation, what can I do?”
In short, you need to contact the experienced attorneys at Dummit Fradin ASAP! The most common scenario involves what is called an “ACR violation”, or Alcohol Content Restriction (i.e. individual’s BAC must be less than .04 or .00). Alleged violations occur when an individual blows a ‘FAIL’, which can occur for a variety of reasons (false positives due to food, medicine, etc.).
Once the FAIL is processed by your ignition interlock provider (i.e. SmartStart, Monitech, or Alcolock) it is sent to the North Carolina DMV for action. The DMV will then send you the aforementioned letter regarding an ACR Hearing. The letter generally states that your license will be revoked pursuant to the violation, unless a hearing is timely requested. Ignition Interlock Violation Hearings are conducted at the DMV, and generally you need to request the hearing within a certain time or be deemed in violation.
These hearings are administrative in nature, meaning that a well-versed attorney familiar with DMV hearings is critical to your case. It is imperative that the attorney is knowledgeable of the intricacies and nuances of DMV administrative proceedings. The attorney will need to preemptively subpoena interlock provider records and object to use of affidavits. The seasoned DWI Practice Team at Dummit Fradin is ready to assist you with ignition interlock violations.
Additionally, at the ACR hearing, your attorney needs to know what conditions must be proven to DMV in order to sustain a revocation. Only if the conditions are satisfied can an ignition interlock violation be found, which results in an immediate revocation. The Dummit Fradin team fiercely litigates these hearings with the goal of getting the DMV to rescind the revocation. However, if a revocation is sustained, you do have a right to appeal the DMV decision pursuant to G.S. 20-25.