Found an issue on this page? Let us know and we will look into it as soon as possible.
What can I expect after 1 failed reading on BAIID test?
Anonymous4 views3 answers
I received a sig risk program after the DUI. I'm assuming I will get a letter from SOS. If it is only 1 fail and after mouthwash around .026, will this have severe consequences? Will they let it go or will I have to have my BAIID for another 3 months? This is my last month for the BAIID Program and if this doesn't effect anything then I would be done next month.
They may or they may not. Wording an answer to the Secretary of State is very important. I suggest consulting with an attorney who has Secretary of State experience. In the past I have had clients who were unsuccessful, but many more were fine.
You probably will not receive a letter unless there is a pattern of failures. If you do and you are under an MDDP you will be extended 3 months if they reject your explanation. If you are on an RDP and they reject you tak it up at your reinstatement hearing.
It depends on how you failed. If you blew over 0.025 to 0.05, nothing will happen. If you blow over 0.25 five times in one day, or ten times in one month you will get a letter. If you blow over 0.05 at any time you will get a letter. When you get a letter they will ask you to explain yourself, if they accept that explanation: no penalty; if they don't you will be suspened an additional three months. If it happens again you will again be suspended for three months, if it happens after that they will ask the arresting authority to impound your car, if it happens after that they will ask the arresting authority to seize your car (and probably sell it at auction). I am not sure I would run to a lawyers office on your first hit, the cost of a BAIID for three months may be less than the cost of a lawyer to help you write the letter.
