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Can I get penalized for an Interlock Device failure that I did not cause?

Orlando, FL |

I got a DUI in November 2012 and had to get an Ignition Interlock Device installed on my vehicle. I share this vehicle with my father and 2 days ago, my father failed a breath test on the device. He had been out drinking the night before, came home and slept for a few hours, then decided to go to the store after he woke up. He did not think alcohol was still in his system at the time. The interlock went into lockout for 5 minutes. After the 5 minute lockout expired, my father said he turned the device off and went back in the house. He never retested. According to the user guide for the Interlock Device, it is considered a program violation if a person fails two consecutive breath tests but I am still wondering if any issues may arise because of this considering the device is in my name.

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Attorney answers 3

Posted

Yes if the story is not believed.

Asker

Posted

Thank you for your help. Part of my sentencing was a 10 day impound of the vehicle, but that was waived in court because they were made aware that I share a vehicle with my father. Hopefully that will help me in this.

Posted

It is certainly possible. You might be wise to consult with a DUI attorney. It also might be a good idea to have your dad write a declaration explaining exactly what happened. It also might help if your dad is on the vehicle's registration and insurance. Good luck.

Jasen Nielsen

Posted

Yes, this is technicaly a violation. Consult with a local attorney who specializes in DUI; many offer free consultations. Bring your father to the consultation. Let him know he may have to testify at a hearing.
(I saw your other post regarding this and asked a question- this clears that up)
Please know that despite all of this, you still may be violated.

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