Blew 3 times consecutively into my interlock ignition device and it registered alcohol, but I am abstinent. Do I need a lawyer?

2nd DUI in VA in past 10 years. I have paid all my fines, served weekend jail, completed ASAP required classes, completed my 6 months of rehab classes and passed all random drug test and breathalyzer tests. I am abstinent to alchohol. I have not had a drink since 12/25/2011. However, I was away on a business trip in Philadelphia. The night prior I ate a philly cheese steak, fries, and had a pepsi to drink. I went to bed early that night. Woke up the next day completed some additional work remotely in my hotel room and had a mountain dew and 2 bags of pizza combos. Proceeded out to my car at 1:00 in the afternoon and blew into my breathalyzer and failed 1 time (5 min lock out), then 2 and 3 times with an additional 15 min lockout each. I called Draeger each time. What should I do?

Chesapeake, VA -

Attorney Answers (1)

Jonathan Burton Blecher

Jonathan Burton Blecher

DUI / DWI Attorney - Miami, FL

Notify the state licensing authority and register a complaint about the device. You may need an attorney to challenge DMV if they yank your license.

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