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?
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.
Every case and situation is different and vary greatly depending on specific facts. My posts are not to be considered complete answers to each question. My posts do not constitute an attorney/client relationship. I am only licensed to practice in the State of Florida and in federal courts. Florida Bar #337821, admitted 1982.