What are the potential consequences for interlock failure? This was my first DUI. Could the Lifesaver unit have failed? the inspection said 'no'.
Criminal Defense Attorney
Ignition Interlock failure can happen. In the past, we have argued that a single failure occurs quite easily. Mouth wash, fruits, perfumes, mints, and some foods with yeast, like pizza, can cause a false positive. We have also heard of Ignition Interlock giving a false positive when passenger in the car has consumed alcohol. Documents from the IID provider usually provide all the known issues for false positives.
As for potential consequences, this is usually spelled out in your Judgment and Sentence and depend on a number of factors. It is often in the discretion of the Judge. The court (and/or probation) often look at the totality of the circumstances when recommending a consequence. You should contact your attorney if you anticipate challenging the IID findings.
DUI / DWI Attorney
I like the reliability of the above answer. To take it a step further, get an Interlock Provider to corroborate.
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