Is it a violation to blow .01 on an interlock???

Asked over 1 year ago - San Antonio, TX

I started my car from home ( around noon, tested .000 on IID ), stopped at the gas station to get gas and a drink. Restarted car ( tested .000 as well ). Rolling retest on the way to my girlfriend's house from there, tested a .010. Will this be seen as a violation by my P.O. since I am supposed to abstain from alcohol? I did not drink at all that day and this is my first month having the IID, and I've already had several problems with it, none alcohol related, but with faulty equipment. I just don't want to get in trouble for following rules. This device is only making my path of sobriety more difficult.

Attorney answers (3)

  1. Anthony Michael Solis

    Pro

    Contributor Level 20

    5

    Lawyers agree

    Answered . You should talk to your attorney, but if you followed the rules, you're not likely to be in violation.

    No legal advice is given here. My responses to questions on Avvo are never intended as legal advice and must NOT... more
  2. Christopher Irvin Simser

    Contributor Level 19

    4

    Lawyers agree

    Answered . Document your problems with the machine. The IID device is not always perfect. Discuss these problems with your PO as quickly as possible, preferably before your PO receives a report from the company monitoring the IID. You may need to have the unit exchanged if it is giving faulty readings.

  3. Ethan Patrick Meaney

    Pro

    Contributor Level 20

    Answered . Contact your attorney to discuss how to handle the situation. Hopefully it will work out. Good luck.

Related Topics

DUI

The definition, charges, and penalties for driving under the influence (DUI) vary by state and depend on a number of factors.

Ignition interlock device

A person who is convicted of DUI may be required to have an ignition interlock device installed in his or her vehicle.

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