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 consult a qualified attorney and make him familiar with all the relevant facts in order to get proper legal advice. Every case is different, and they must be evaluated on a case-by-case basis. David N. Smith 812 W. 11th Street, Suite 201 Austin TX 78701 (512) 457-0100 defenseattorneysmith.com
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
My answers are intended only as general legal advice and are not intended to create an attorney-client relationship. There is no substitute for a full consultation with a local experienced criminal defense attorney. For more answers based on my 19 years of experience visit my website, www.austincriminaldefenseattorney.com
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.
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