I am not on probation, but I do have an IID. I blew into it one morning and failed. I forgot that I used mouthwash! I waited 45 minutes and tried again and it passed. I am wondering if there are any legal consequences for having a failed test report. There was no "lock out", it simply requested a retest immediately, but I instead turned off the car and waited for the mouthwash to be completely out of my system. I am not on probation, but am required to have the IID in for a year. Can they charge me with another DUI for this??
Generally, you should be cautious of answers from out of state attorneys. In this case, however, I do not believe the answers given are incorrect.
No, you cannot be charged for a DUI.
The only criminal charge I am aware of related to IIDs is for tampering, circumventing, not installing, or the like. I am unaware of any criminal consequences for failing a blow when you are required to have an IID.
I seriously doubt the test failure would result in a DUI. Since the IID didn't lock you out I also don't think it will be reported. The only problem you MIGHT face is with DMV.
In any event, you should contact an experienced attorney in your area to clarification on the issue.
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