The revocation was affirmed. The hearing officer stated in the order “In failing to provide any additional samples or an independent test, Petitioner acted in the same manner as one would expect that an individual would act had they consumed alcohol.” Following the directions for the proper use of ignition interlock device is key to winning a violation case – that means whenever there is an alcohol reading getting a PBT test down within an hour or an EtG test within 24 hours.
Client’s restricted license was revoked after his 9th start-up failure in a reporting period.
He actually had 10 start up failures in that period. Each start-up failure was the only reading given for the day. In addition, he failed to provide a PBT or an EtG to provide alternative proof of his sobriety.