I did not drink anything and had a failed test on my IID this morning . What can I do to prove this false ?

Asked over 1 year ago - Austin, TX

Probation in Travis County , TX for DWI dismissed to Obstruction of a Highway . Only 2 things could have caused this . ( 1 ) I brushed my teeth and shaved immediately before trying to start my car . I usually wait several minutes as I heard the toothpaste can cause a false positive . The shaving cream is a new one and I'm not really sure if any of the ingredients listed are alcohol related or if this can cause a false positive . ( 2 ) I keep my IID device in my trunk and recently transported a gas can with a loose top that spilled gasoline in my car . I noticed the strong smell , but I thought nothing about this maybe effecting the device . I'm freaking out because I must be perfect to get off probation early and I worry what the consequences of this may be . I am taking the device to the shop tomorrow .

Attorney answers (3)

  1. David N. Smith

    Contributor Level 14

    5

    Lawyers agree

    Answered . After you had a "failed" test on the first blow, the instructions should have been to blow again after a short period of time. The device measures alcohol levels, not just the presence of alcohol, so when you blew the second (and / or third) times, the alcohol reading should have either been zero, or less than the first reading. If so, that supports your version of events. If the readings, including the first one, were very low, they will probably interpret the readings as reflecting some unusual event such as the ones you have mentioned, and it may not be considered a violation.

    This answer is intended to be taken as general information and not as specific legal advice. You should always... more
  2. Richard Timothy Jones

    Contributor Level 17

    3

    Lawyers agree

    Answered . You should contact your probation officer any time you have a false positive and provide them with packaging from the toothpaste and the shaving cream.
    Austin DWI Lawyer
    www.austincriminaldefenseattorney.com
    512-495-1813

    My answers are intended only as general legal advice and are not intended to create an attorney-client... more
  3. Macy Michelle Jaggers

    Pro

    Contributor Level 20

    3

    Lawyers agree

    Answered . Unfortunately these devices can be fairly unstable, but a judge is still going to tend to believe the device over you. It's good to be proactive by contacting the provider. Follow the rules of the device carefully. I believe they say to wait at least thirty minutes after brushing your teeth to blow into it. Do not use any products that contain alcohol, and that includes aftershave.

    Macy Jaggers's answer to a legal question on Avvo does not establish an attorney-client relationship. Ms. Jaggers... more

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